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Monday, August 22, 2005
34 doctors deny evading taxes
By Raquel C. Bagnol
DAVAO CITY -- Thirty-four physicians who had earlier accused the revenue district officer of Davao City before the Ombudsman for Mindanao of alleged inefficiency and incompetence said they are not tax evaders who if convicted can go to prison.
Reacting to a story carried by Sun.Star Davao last August 18, the doctors said it caused them "anxiety, wounded feelings" and "embarrassed" them before their clients.
In a three-page letter to Sun.Star Davao, the doctors through their legal counsel Froilan R. Melendrez said they have already paid the additional taxes for 2003 and have even applied for the Non-Audit program (NAP) of the Bureau of Internal Revenue for tax year 2004.
In their letter, the doctors said what they paid was not the alleged tax deficiency assessment asked by tax officer Eveylyn Sardido ranging from P100,000 to P3 million.
They said Sardido violated their right to due process or abused her authority in demanding from the doctors a "tax deficiency assessment", which is merely tentative and not yet final.
The physicians, through their lawyer, also took umbrage on the opinion of lawyer Ramon Edison Batacan that they could go to prison if charged and convicted of tax fraud.
Added the doctors' lawyer: "Her legal counsel (referring to Batacan) is not even a lawyer for the BIR nor of the prosecution office. Who is he to say that our clients should be prosecuted for tax fraud and eventually land in jail if convicted?"
Melendrez also said his clients' accusation against Sardido for inefficiency and incompetence is not based on her meeting the district's collection goals but stems from her failure to observe the "due process" clause under the tax laws and to implement effectively the various BIR rules and regulations.
He said his law firm is also preparing to press more complaints by other doctors who have paid "but are continually vexed to give more payments."
The beleaguered medical practitioners said they are the ones paying the salaries and wages of government personnel like Sardido and, in doing her job, she must not bleed them dry.
Melendrez also said the doctors are preparing a petition for a lifestyle check on Sardido. (Sun.Star Davao/Sunnex)
(August 22, 2005 issue)
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