Maguindanao mayor, treasurer indicted for non-remittance of employee benefits

THE Office of the Ombudsman has affirmed the filing of charges against a mayor and a municipal treasurer of Maguindanao for not remitting the Pag-Ibig contributions and the taxes withheld from their employees.

The Ombudsman found probable cause to charge South South Upi, Maguindanao Mayor Abdullah Campong and Municipal Treasurer Onofre Natividad for eight counts of violation of Section 23 of Presidential Decree 1752 (An Act Creating the Home Development Mutual Fund) as amended by Republic Act 7742, and 12 counts of violation of Section 272 (b) of Republic Act 8424 (An Act Amending the National Internal Revenue Code).

The two officials failed to remit Pag-Ibig premiums from April 2007 to November 2007 as well as the taxes withheld on employees’ compensation from January 2007 to December 2007.

Records show that in a letter dated November 19, 2007, Pag-Ibig sent to the Office of the Mayor a copy of the Schedule of Unremitted Contributions and Government Counterpart.

The Ombudsman ruled that Campong and Natividad are primary fiduciary officers responsible for making sure that Pag-ibig contributions and BIR taxes are promptly paid and remitted.

PD 1752 mandates employers to remit contributions within 15 days from the date the contributions were collected.

RA 8424 provides that payment of income tax withheld on compensation shall be made on or before the 10th day of the month following the month in which the withholding was made. (SDR/Sunnex)