How to answer a Letter from BIR Chief Kim Henares?
THIS PRIVILEGED COMMUNICATION SHOULD NOT BE SHARED, LIKED, COPIED AND EMAIL-BLASTED. EmelinoTMaestro.com
If I would not make a reply to the letter of Ms. Kim Henares as it is presented hereunder, the legal doctrine 'estoppel' would set in. Below is my reply to her letter, viz;
"Good Morning. On August 12, 2014, I received your August 4, 2014 letter which I find, excuse my words, exotic and erotic.
It informed me that the BIR, as an institution of the Philippine Government, cannot anchor its act based solely on ‘morality’ and will not persuade its erring and enterprising revenue officers and subordinates to perform and extinguish their legal obligations to me and this State unless it (Office of the BIR Chief) has acquired the jurisdiction over the case at bar.
Its’ final action is to issue a Reference Slip date July 22, 2014 which was addressed to Mr. Jonas Amora, Makati Regional Director with a notation ‘FOR NECESSARY ACTION, PLS.”
As lawyers by choice, you, Atty Kim Jacinto-Henares and Atty Larry Barcelo, cannot make an excuse that you are ignorant of the laws of this State, more specifically, the 1987 Philippine Constitution and the National Internal Revenue Code of 1997, as amended.
Also, as you stated in your numerous Revenue Issuances that all revenue officers which yourselves are included are presumed to have read and comprehend the laws appurtenant to your chosen jobs.
The revenue officers of Tawi District and Romblon Regional Office had already assaulted the the States, more specifically, the 1987 Philippine Constitution, for they knowingly failed/refused to implement the National Internal Revenue Code in a uniform and equitable manner.
According thereto, an investigation, pursuant to an eLetter of Authority, shall be conducted and completed within 180 days from the issuance of the same and if there will a protest against an issued assessment, it shall be terminated within 60 days from the submission of all the relevant evidences.
As to my part, I already complied with the dictated things to be done. However, despite my continuous and consistent requests, appeals and pleas for you and the assigned revenue officers to finish and wrap up their audit investigation, although verbally promised to do so by end of May 2014, they knowingly failed/refused and still fail/refuse.
I expressed my disappointment to you as my last recourse and asked/requested you to act on my case not only to “morally persuade” these “possible criminals” but without asking/requesting from anyone/anybody, impose the appropriate sanctions/fines/penalties related to their crimes. The National Internal Revenue Code mandated you, without mental reservation and purpose of evasion, to apply all its provisions without delay and favour. However, you are also a big and irritating disappointment for you are depriving this State to remove from its Offices those that are considered “Notoriously Undesirables”.
Clearly, there is a probable cause to indict Rodolfo, Rhodora, Angelo, Jones and Nestor for they knowingly violated the Civil Code, Revised Penal Code, Republic Act Nos 6713, 3019 and 9485, and most importantly, Section 269, National Internal Revenue Code.
Would you incur irreparable damages if you will charge them with incompetence, delinquency, malfeasance and negligence?
As a very intelligent individuals, I believe that you would respect, obey and implement (ROI) the laws of this State and shall protect it from the Corrupt Practices of your subordinates.
Without further notice, I would request the intervention of the Office of the Ombudsman and The Discipline Office of the Office of the Philippine President for your conscious failure/refusal to ROI the 1987 Philippine Constitution and the National Internal Revenue Code.
“Section 16, Article III, 1987 Philippine Constitution which says, “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.”
You have five (5) days to send me a relevant reply.
FAIL NOT UNDER THE PENALTY OF LAW.
To attest/assert my belief/conviction, I affix my signature hereunder at Unit 419, Corporate 101, Mother Ignacia, Quezon City."
IF YOU ARE BEING HARASSED, OPPRESSES AND VEXED THROUGH eLETTER OF AUTHORITY, LETTER NOTICE or SUBPOENA DUCES TECUM, let ETM help/assist you to fight for your rights and privileges.
Learn the Most Relevant Topics Today - EmelinoTMaestro.com
09228010922@MaestroTaxation.org
02-4393918 & 02-9216107
Courses for TAX ACCOUNTING
101 - NonVAT-Optional Standard Deduction Individuals
October 9-10, 2014
March 31-April 1, 2015
102 - NonVAT-Allowable Itemised Deduction Individuals
November 6-7, 2014
June 9-10, 2015
November 5-6, 2015
103 - VAT-Optional Standard Deduction Individuals
January 8-9, 2015
April 7-8, 2015
December 2-3, 2015
104 - VAT-Allowable Itemised Deduction Individuals
October 30-31, 2014
June 18-19, 2015
November 25-26, 2015
201 - NonVAT-Optional Standard Deduction Corporations
January 14-15, 015
March 5-6, 2015
November 11-12, 2015
202 - VAT-Allowable Itemised Deduction Corporations
August 21-22, 2014
December 8-9, 2014
March 18-19-2015
May 7-8, 2015
203 - VAT-Allowable Itemised Deduction PEZA-entities
February 12-13, 2015
July 7-8, 2015
Courses for TAX CONSULTING
501 - eLetter of Authority, Letter Notice, Subpoena Duces Tecum
August 14-15, 2014
September 25-26, 2014 (Davao)
October 2-3, 2014 (Cebu)
November 13-14, 2014 (Iloilo)
February 5-6, 2015
June 25-26, 2015
September 3-4, 2015
502 - Tax Mapping, Benchmarking, Oplan Kandado
December 2-3, 2015
February 26-27, 2015
May 21-22, 2015
September 10-11, 2015
December 8-9, 2015
503 - How to Compromise Your Tax, Surcharge, Interest, Penalty
January 29-30, 2015
August 5-6, 2015
504 - Top 10 BIR Deficiency Assessments for Income Tax
April 29-30, 2015
August 13-14, 2015
October 7-8, 2015
505 - Top 10 BIR Deficiency Assessments for Withholding Tax
December 11-12, 2014
September 16-17, 2015
October 14-15, 2015
506 - Top 10 BIR Deficiency Assessments for Value Added Tax
March 11-12, 2015
August 19-20, 2015
October 22-23, 2015
April 23-24, 2015
507 - Surviving a Publicly Humiliating Tax Evasion Assault
October 23-24, 2014
May 13-14, 2015
September 24-25, 2015
December 10-11, 2015
508 - Saving & Shielding Your Assets from Taxes & Expenses
August 25/27/29, 2014
November 18/21/25, 2014
July 22-24, 2015
November 18/19/20, 2015
Subject to
(1) change without notice/obligation
(2) applicable terms and conditions
www.Facebook.com/KATAXPAYER (8 photos)
THIS PRIVILEGED COMMUNICATION SHOULD NOT BE SHARED, LIKED, COPIED AND EMAIL-BLASTED. EmelinoTMaestro.com
If I would not make a reply to the letter of Ms. Kim Henares as it is presented hereunder, the legal doctrine 'estoppel' would set in. Below is my reply to her letter, viz;
"Good Morning. On August 12, 2014, I received your August 4, 2014 letter which I find, excuse my words, exotic and erotic.
It informed me that the BIR, as an institution of the Philippine Government, cannot anchor its act based solely on ‘morality’ and will not persuade its erring and enterprising revenue officers and subordinates to perform and extinguish their legal obligations to me and this State unless it (Office of the BIR Chief) has acquired the jurisdiction over the case at bar.
Its’ final action is to issue a Reference Slip date July 22, 2014 which was addressed to Mr. Jonas Amora, Makati Regional Director with a notation ‘FOR NECESSARY ACTION, PLS.”
As lawyers by choice, you, Atty Kim Jacinto-Henares and Atty Larry Barcelo, cannot make an excuse that you are ignorant of the laws of this State, more specifically, the 1987 Philippine Constitution and the National Internal Revenue Code of 1997, as amended.
Also, as you stated in your numerous Revenue Issuances that all revenue officers which yourselves are included are presumed to have read and comprehend the laws appurtenant to your chosen jobs.
The revenue officers of Tawi District and Romblon Regional Office had already assaulted the the States, more specifically, the 1987 Philippine Constitution, for they knowingly failed/refused to implement the National Internal Revenue Code in a uniform and equitable manner.
According thereto, an investigation, pursuant to an eLetter of Authority, shall be conducted and completed within 180 days from the issuance of the same and if there will a protest against an issued assessment, it shall be terminated within 60 days from the submission of all the relevant evidences.
As to my part, I already complied with the dictated things to be done. However, despite my continuous and consistent requests, appeals and pleas for you and the assigned revenue officers to finish and wrap up their audit investigation, although verbally promised to do so by end of May 2014, they knowingly failed/refused and still fail/refuse.
I expressed my disappointment to you as my last recourse and asked/requested you to act on my case not only to “morally persuade” these “possible criminals” but without asking/requesting from anyone/anybody, impose the appropriate sanctions/fines/penalties related to their crimes. The National Internal Revenue Code mandated you, without mental reservation and purpose of evasion, to apply all its provisions without delay and favour. However, you are also a big and irritating disappointment for you are depriving this State to remove from its Offices those that are considered “Notoriously Undesirables”.
Clearly, there is a probable cause to indict Rodolfo, Rhodora, Angelo, Jones and Nestor for they knowingly violated the Civil Code, Revised Penal Code, Republic Act Nos 6713, 3019 and 9485, and most importantly, Section 269, National Internal Revenue Code.
Would you incur irreparable damages if you will charge them with incompetence, delinquency, malfeasance and negligence?
As a very intelligent individuals, I believe that you would respect, obey and implement (ROI) the laws of this State and shall protect it from the Corrupt Practices of your subordinates.
Without further notice, I would request the intervention of the Office of the Ombudsman and The Discipline Office of the Office of the Philippine President for your conscious failure/refusal to ROI the 1987 Philippine Constitution and the National Internal Revenue Code.
“Section 16, Article III, 1987 Philippine Constitution which says, “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.”
You have five (5) days to send me a relevant reply.
FAIL NOT UNDER THE PENALTY OF LAW.
To attest/assert my belief/conviction, I affix my signature hereunder at Unit 419, Corporate 101, Mother Ignacia, Quezon City."
IF YOU ARE BEING HARASSED, OPPRESSES AND VEXED THROUGH eLETTER OF AUTHORITY, LETTER NOTICE or SUBPOENA DUCES TECUM, let ETM help/assist you to fight for your rights and privileges.
Learn the Most Relevant Topics Today - EmelinoTMaestro.com
09228010922@MaestroTaxation.org
02-4393918 & 02-9216107
Courses for TAX ACCOUNTING
101 - NonVAT-Optional Standard Deduction Individuals
October 9-10, 2014
March 31-April 1, 2015
102 - NonVAT-Allowable Itemised Deduction Individuals
November 6-7, 2014
June 9-10, 2015
November 5-6, 2015
103 - VAT-Optional Standard Deduction Individuals
January 8-9, 2015
April 7-8, 2015
December 2-3, 2015
104 - VAT-Allowable Itemised Deduction Individuals
October 30-31, 2014
June 18-19, 2015
November 25-26, 2015
201 - NonVAT-Optional Standard Deduction Corporations
January 14-15, 015
March 5-6, 2015
November 11-12, 2015
202 - VAT-Allowable Itemised Deduction Corporations
August 21-22, 2014
December 8-9, 2014
March 18-19-2015
May 7-8, 2015
203 - VAT-Allowable Itemised Deduction PEZA-entities
February 12-13, 2015
July 7-8, 2015
Courses for TAX CONSULTING
501 - eLetter of Authority, Letter Notice, Subpoena Duces Tecum
August 14-15, 2014
September 25-26, 2014 (Davao)
October 2-3, 2014 (Cebu)
November 13-14, 2014 (Iloilo)
February 5-6, 2015
June 25-26, 2015
September 3-4, 2015
502 - Tax Mapping, Benchmarking, Oplan Kandado
December 2-3, 2015
February 26-27, 2015
May 21-22, 2015
September 10-11, 2015
December 8-9, 2015
503 - How to Compromise Your Tax, Surcharge, Interest, Penalty
January 29-30, 2015
August 5-6, 2015
504 - Top 10 BIR Deficiency Assessments for Income Tax
April 29-30, 2015
August 13-14, 2015
October 7-8, 2015
505 - Top 10 BIR Deficiency Assessments for Withholding Tax
December 11-12, 2014
September 16-17, 2015
October 14-15, 2015
506 - Top 10 BIR Deficiency Assessments for Value Added Tax
March 11-12, 2015
August 19-20, 2015
October 22-23, 2015
April 23-24, 2015
507 - Surviving a Publicly Humiliating Tax Evasion Assault
October 23-24, 2014
May 13-14, 2015
September 24-25, 2015
December 10-11, 2015
508 - Saving & Shielding Your Assets from Taxes & Expenses
August 25/27/29, 2014
November 18/21/25, 2014
July 22-24, 2015
November 18/19/20, 2015
Subject to
(1) change without notice/obligation
(2) applicable terms and conditions
www.Facebook.com/KATAXPAYER (8 photos)
No comments:
Post a Comment