dulz speaks_ a lawyer's take on paquiao-bir bout_ an instant lesson on taxation

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12/3/13 Dulz Speaks: A LAWYER'S TAKE ON PAQUIAO-BIR BOUT: AN INSTANT LESSON ON TAXATION

dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html

ulz Speaks

"The world suffers a lot. Not because of the violence of bad people, But because of the silence of good people!" - Napoleon

Friday, November 29, 2013

A LAWYER'S TAKE ON PAQUIAO-BIR BOUT: AN INSTANT LESSON ON

TAXATION

Right after Manny Pacquiao, the Philippines' National Fighting Fist, won against Bambam

Rios, the Bureau of Internal Revenue slapped him with a 2.2-billion tax case which led

to the garnishment of an upscale property. (Garnishment: noun; a court order directing

that money or property of a third party be seized to satisfy a debt owed by a debtor to

a plaintiff creditor.)

(For the timeline of events related to this Pacman-Taxman fiasco, read Solita Monsod's

"More And M ore Like A Trapo".)

Attorney Raymond Fortun wrote a legal article which he posted in his Facebook

account, entitled 'To Tax the Pacman'. The comments, sound and unsound, and his

responses to his followers provided a free and instant lesson on taxation. For a common

tao, it is a big help in understanding the issue without getting one's emotion get on

the way.

Reposted below is Atty. Fortun's discussion.

What DOES the law say?

The Bureau of Internal Revenue (BIR) levies income tax on taxable income from within

and outside of the country on all citizens of the Philippines, even those working

abroad. Of course, another country (e.g. the US) also has the right to tax people for

incomes earned within its jurisdiction. In order to avoid the unfair situation where a

Filipino earns income abroad and taxed there and is subsequently obligated to pay

taxes for the SAME income as a Filipino citizen, the Philippines and the US have an

income tax convention as early as 1976, providing for "Relief from Double Taxation". So

without having to bore you all with details, it is possible for a Filipino working abroad to

be slapped with taxes by the US, but can use this fact as a "Tax Credit" in filing his

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dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html 2

income tax return in the Philippines.

So what does the Pacman have to do to avoid being taxed twice?

1. He has to pay taxes in the US for income earned therein.

2. He has to secure the official IRS form that the taxes have been paid. A

CERTIFICATION FROM TOP RANK BOXING JUST WON'T DO.

3. He has to file an income tax return in the Philippines for the year

covered. NOTE that the Pacman has other incomes aside from boxing, such

as TV advertisements, product endorsements etc.

4. He has to submit the IRS "tax-paid" form and other tax-withheld forms to

support his claim that he should only pay X amount of tax.

5. He should answer in a timely manner all letters sent by the BIR, including

assessment notices.

6. If he does not agree with the assessment, he should then avail himself

of legal remedies as provided under the Internal Revenue Code.

If he did NOT do any of these, then the BIR has the right to impose the appropriate tax

on him, and to run after his properties in the process. Again, it must be stated: DURA

LEX, SED LEX. The law is harsh, but that is the law. If the Pacman violated the law,

then he should be held answerable.

In response to some of his followers' queries, Atty. Fortun provided these additional

explanations.

1. The obligation to file an income tax return belongs to the taxpayer; it is NOT the

taxman's job to make inquiries to another taxing authority. I am certain that severalnotices/letters were sent to Pacman to explain his incomes and taxes due before the

Writ of Garnishment was issued.

2. What Pacman should have done is demand from Top Rank the Certification of Tax

Withheld (W-2 in the Philippines) and, if this was not given, to secure from the IRS

the needed form. I'm certain that Pacman has good lawyers and accountants to make

the proper filings before the problem became too big.

3. Tax liabilities NEED NOT reach the point where the BIR has to issue a Writ of

Garnishment.

Most taxpayers who are caught not paying the proper taxes just resort to SETTLING

THEIR TAX LIABILITY through compromise agreements. The reason why the BIR went

hard at Pacman because he appears to have ignored the various assessment noticesissued, or even paid under protest man lang.

4. "Why me, when everyone is doing the same thing?" If there is anyone who is

converting this into a political issue, it's Manny Pacquiao.The issue is simple: DID HE

PAY PROPER TAXES OR NOT? DID HE PROPERLY FILE HIS INCOME TAX RETURNS? If the

answer to both questions is in the negative, then the BIR is correctly running after his

winnings. Enough of the "maraming kurakot diyan na hindi dine-demanda". If he knows

of such corrupt people, point them out to the BIR so that they can also be subjected to

tax notices.

5. People, just check the Pacquiao camp's "defense":

1. I just brought honour to the country, and this is what you repay me?

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How dare you!

2. There are other people who do not pay proper taxes, and yet i'm the

one who is issued a Writ of Garnishment

3. Why have you not garnished the accounts of the senators in the PDAF

scam?

4. I will make a loan just to give relief goods and visit Tacloban

5. I am with the opposition, hence, i'm being singled out

See? All preying on the public's emotions.

The issue is really quite simple -- IF HE DECLARED HIS INCOME PROPERLY, THEN THERE IS

NO CASE REGARDLESS OF WHETHER HE'S IN THE OPPOSITION OR NOT, WHETHER HE WINS

OR LOSES HIS FIGHTS. He has enough money to hire the best lawyers and accountants

to fix his tax problems BEFORE they became problems. That's the difference between

him and Lucio Tan -- LT hires the best people to make sure that he does not have any

legal issues with the government.

Re: the PDAF scam, please be informed that the BIR has already filed a tax evasion case

against Janet Napoles, her daughter and brother. As to the senators/congressmen,

their time will come. However, it may be more difficult to file tax evasion cases

because there is no paper trail (as BenHur Luy and the other whistleblowers have

testified). When there is no declared income, the BIR cannot just tax. Manny

Pacquiao's fight purses, on the other hand, are a matter of public record.

6. Question: "bakit nafreeze agad mga accounts nya? Bakit si Sexi and Pogi hindi

nangyari yun eh may mga under declared din sila na mga income and properties..."

Because Manny's case had been pending before the BIR for sometime. On the other

hand, and to this day, nobody has admitted being Sexy and Pogi, and Jinggoy/Bong

have denied having received any amounts. When the criminal cases have been filed

with the Sandiganbayan, THEN and only then can the government move to freeze their

accounts.

7. Question: "Bakit kung kaso ni Lucio Tan, hindi agad sila nag-issue ng WG? hanggang

sa maapila yata ni Lucio Tan yung Tax Evasion at maging pabor sa kanya, walang WG n

nilabas ang BIR. sabi nun tax expert from Las Vegas, taon daw tlga inaabot if kukuha

ka ng certified true copy sa IRS?"

I do not know the complete details of Lucio Tan's case, but I have reason to believe

that LT's lawyers did the proper legal steps -- filed a case before the Court of Tax

Appeals and secured a TRO to prevent the issuance of a Writ of Garnishment. Simply

put, smart ang mga abogado ni Lucio Tan.

I'm not too sure that i can accept the possibility that the US IRS is soooo inefficient

that it would take years to issue a certified copy of a tax payment.

8. So now people question the timing. If the BIR enforced the WG before the fight,

AND pacquiao got distracted enough to lose the fight, you would all be up in arms and

say, "sana hinintay nyo na lang after the fight! Ayan tuloy, natalo!" The situation is

called 'damned if you do, damned if you dont'. Somehow, I accept the BIR's move to

enforce the WG after the fight.

I go back to the basic premise. If he filed his returns properly, we wouldn't even be

having this thread now. He has nobody but himself to blame.

9. Question: "Are you also implying sir that Filipino OFWs working in countries that

have no income tax convention with the Philippine government are still mandated by

law to pay income taxes with emphasis to the Middle East (wherein tax rates nearing

0%)?"

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As a general rule, all Filipinos are obliged to file tax returns and pay taxes for income

inside and outside the country. Thats the law.

10. TO ALL OFW's:

According to Revenue Regulations No. 1-2011, the wage or income of an OFW that is

earned out of the country is exempted from income tax. However, the earnings of an

OFW from a business venture or any other property in the Philippines is subject to tax

obligations.

Remittances from OFWs are also exempted from the documentary stamp tax (DST).However, according to BIR rule, in the case of OFW remittances sent through banks,

the recipient is required to show proof of entitlement to DST exemption such as OEC or

Overseas Worker Welfare Administration (OEC) certificate.

All OFWs also enjoy exemption from paying travel tax and airport fees, although they

are required to show proof that they are legal migrant workers.

11. Pacquiao is "targetted" because his income is a matter of public record. Fight

purses are announced even before the fight. The enormity of the amounts involved

justifies the extra effort to collect. Finally, I cannot discount the possibility that

politics has a hand in government actions. Whether this is a smokescreen to mask other

existing (or future) issues is not for me to speculate on.

12. I saw Pacquiao's interviews during the first day. He kept harping on the

certification given by Top Rank. Posible na hindi lang sya marunong magpaliwanagsiguro. But as a matter of legal practice, a Certified Copy is usually acceptable, and

NOBODY asks for originals.

Lastly, income tax is based on gross income less expenses. Salaries and commissions are

deductible expenses. Hindi ko po masasagot if Pacquiao, in his ITR, already deducted

these expenses from his net income subject to tax.

13. Anyway, this tax case has been pending for 2 years. If indeed the BIR was asking

for a DUPLICATE original, then it would not have been hard to: (1) inform BIR to give

him time to secure the requested form, and/or (2) pay the necessary fee -- US$50? --

for the IRS to produce the needed form.Sa mga interviews ni Pacquiao or his lawyers,

wala akong narinig that they sent BIR letters to explain why they could not produce the

needed docs. That the Writ of Garnishment was issued shows that's Pacquiao was given

AMPLE TIME to defend himself/present documents but whatever he gave was notacceptable under the BIR rules.

14. Question: " kapag ba hindi ka nagfile ng ITR sa BIR, automatic kakasuhan ka nila ng

Tax Evasion?"

Oh yes! Dapat talaga mag-file Ng ITR kahit Zero pa ang tax na babayaran. More so yung

mga high-profile na income earners. Madali po mahuli yung hindi nag-file Ng ITR kasi

computerized po.

15. Question: "Well, Pacman is an easy target! why don't we hear about false

declaration of assets among celebrity politicians?

Because celebrity politicans are NOT the issue.

16. Early on I had said that Pacquiao's income is a matter of public record. Whenboxers sign up for a match, the purses are made known to the public. This is beyond

dispute and impervious to challenge.

Thus, when Pacquiao declared ONLY Php50 Million (less than $1,300,000) as income, it

doesn't take a rocket scientist to figure out that HE DID NOT FILE A CORRECT INCOME

TAX RETURN. The 50M may probably only cover his income from product endorsements

and TV commercials here in the Philippines. It is so clear that he did NOT declare his

revenues (fight purse and pay per view) for fights abroad.

The BIR most certainly will send him a deficiency tax assessment. The legal remedy is to

file a revised ITR and pay additional taxes thereon. The Writ of Garnishment is the end

result of Pacquiao's failure to pay his taxes properly.
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17. I dont blame people for saying that politics is involved. But the fact of the matter

is pretty simple: did he pay his taxes properly or not?

Does the government stay away from collecting taxes due, out of fear that people will

point out that he supported a different candidate during the elections?

When is the right timing? If the BIR froze the accounts BEFORE the fight and Pacquiao

lost, wouldnt people blame the BIR for the loss? It's a "damned if you do, damned if you

don't" situation because of the personality involved.

18. Question: "Bakit sabi ni Henares sa PressCon nya, hindi na daw pwede i-revise yun

ITR ni Pacquiao?"

He can't revise it NOW because the process has run its course. He had a chance TWO

YEARS AGO to do it.

It's a tax case but a legal case as well. There are PERIODS for doing certain things. Once

the period lapses, then a judgment becomes final. Pretty elementary po.

19. Comment: "BIR is now asking Manny to pay AGAIN! Double taxation is ILLEGAL."

My main post is about the procedure to avoid double taxation. Tama po, it is unfair to

be taxed twice. I am sure the IRS got its share. So it was just a matter of Pacquiao

doing what our BIR requires -- submit official docs to prove that he has been taxed.

Apparently he did not. When the assessment came, his accountants/lawyers did not

even protest; thus, the assessment became final.

Do note the government's argument: Pacquiao only declared 50M as income in 2009. It is

blatantly clear that he underdeclared. Sorry po, sana wag nyo paandarin ang conspiracy

theories because the issue is so so simple.

20. People keep saying that Lucio Tan's assets haven't been frozen.

Lucio Tan hires the best lawyers and accountants to defend him and file the right docs.

THAT, my friends, is the key difference. So please stop the Lucio Tan comparisons

because, frankly, there is NO comparison.

21. Question: "Well the question still persist: do we have the accurate information

with regards to this fiasco? What do we have: 50M as under declared income 2009 and

supposed unprotested BIR assessment by Pacman's lawyers and accountants..."

I believe that info is more than enough po. Do the math because you can easily verify it

by googling it. How much was the purse of Pacquiao for his fight in 2009? More than

Php50M ($1.2M)? He definitely did not declare properly. Don't blame the accountants

either. Remember: WE ALL SIGN OUR ITRs. Manny knew or ought to have known that

what was filed was not accurate.

22. We are ALL commenting based on known facts. And yes, we should all concede

that we dont have all the facts. That is why my main post says " IF he did not do ANY

of these...". As you see, my opinion is a CLINICAL discussion of the law and the facts.

I wonder who is arguing on the basis of emotion and not on blind and simple logic...

23. The law is there, and laws are inherently for the good of all. HOW the law is

applied defines the goodness of leaders.

Kaya I can accept people asking for compassion or maybe questioning the timing. In

such instance, the law is not being questioned but HOW it was implemented here.

But "baket si Lucio, hindi nafi-freeze" or "kurakot ang gobyerno" or "pinupulitika si

Manny" or "baket si Corona/Napoles" are fallacies in argumentation because they do not

address the issue; instead, they point at 'facts' that do not in any way help in

answering the real issue.

24. Kung nagkulang si Pacquiao kasi hindi nya binigay ang pruweba na nagbayad sya,

then he should just own up to his stupidity instead of raising non-issues and playing

with the public's emotions.

25. Two things: (1) underdeclaration of income and (2) failure to present proof of


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payment. I am 100% sure na nagbayad si Pacquiao ng tax sa US but if he failed to declare

properly AND/OR failed to give proper documentation, then he has nobody to blame

but himself for his predicament.

26. The fact that he paid taxes in the US does not mean that he has NO tax liabilities

in the Phils.

What he paid are for revenues in the US. He also has revenues in the Phils. One's tax

liabilities in the Phils = revenues in and OUTSIDE the Phils less expenses less tax credits.

The higher your revenues, the bigger your tax liability. By declaring only 50M, malaking

kakulangan sa gobyerno.

27. A news article says "DOJ junks tax case vs Pacquiao".

That is a criminal complaint filed by the BIR in 2012 for Pacquiao's alleged refusal to

present his tax records. The case was dismissed on a technicality, i.e. the summons

should be served on the person himself and, upon his refusal to receive, the BIR may

resort to substituted service.

That dismissal by the DOJ has absolutely no bearing on the tax case for under

declaration of earnings for 2009.

On a final note, Attorney Raymond Fortun says:

Pacquiao was one of the highest taxpayers in 2008. Then suddenly, he pays

"just" Php7 Million in 2009. He instantly got "red-flagged" by the BIR. Itwasn't that BIR simply and suddenly didn't want to accept the TopRank

documents. Yung documents kasi, madaling intindihin kung ayaw talaga

magbigay ang IRS. But it was the sudden drop in declared income that did

Pacquiao in. When he declared "only" Php50 Million for 2009 despite the

indisputable evidence of his earnings for 2009, then there was clearly an

under-declaration of income. THAT is the super big problem that was never

resolved unt il the BIR issued the Writ o f Garnishment.

I hope this blog helps in keeping a record of what the good attorney does to make the

law more understandable. I hope some points in this "clinical discussion of the law"

finally answer Ira Panganiban's open letter to Kim Henares. For Ira's letter, google it.

By the way, prior consent of At ty. Fortun was sought before I published this blog.

Be safe!

+7 Recommend this on Google

Replies

214 comments:

BOYCEE FERNANDO December 1, 2013 at 3:40 PM

This is the most cogen, clear, concise, complete illustration of Pacman's

case. I suggest Veep Pinay take time out from his KSPing and read this

Fortun piece -- for his (Bunay's, not Fortun's) peace of mind. Binay in a

statement posted in FB said that Pacman submitted documents but they

were ignored. What a stupid take by the No. 2 Man in our Country!!NAKAKASUKA!!

Reply

Fa Kim Yang December 2, 2013 at 7:07 AM

Kailan ba hindi nakakasuka ang mga press release ng ating

honorable politicians? Nakikitanung lang po!

Anonymous December 2, 2013 at 11:22 AM

right ka dyan, si Binay mahilig kumampi sa sikat because of his
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Reply

ambitions, ang problema itong sinamahan nya ay ayaw gumastos

para makalusot sya sa problema, ang gusto nya dahil nagbigay sya

ng kasikatan sa pilipinas ay wag na lang syang pansinin, si ate

winnie tama talaga, spoiled and ignorant

Anonymous December 2, 2013 at 5:44 PM

Yes, the issue is simple. Did he pay taxes or not? In all honestly, I

don't think Pacman meant to under-declare or to tax evade. I

think he just didn't know well enough what and when to file.

Quite frankly, filling taxes can be confusing at times. But sadly,

ignorance of the law excuses no one.

However, another possibility is that Manny could have just left

his money in the hands of his accountants for them to do all the

proper filling and maybe without Pacman's knowledge, his

accountants/lawyers purposely misdeclared his taxes so they

could embezzle h is funds.


1.Binay stupido sumasabay lang sa issue para magkaroon ng

simpatiya sa masa.

2. Pacman Stupido. Simple lang ang problema pinadaan pa sa mga

emotional na paandar.

3.Accountants and Abogado ni Pacman STupido. Dapat naayos

nila ang problemang ito nang hindi na sumbabit si Pacman.


tama po nice comments


stupido kadin


ha ha ha nakakatawa kayo

ipaubaya nyo na lang sa legal ng BIR yan

at abogado ni Pacman

Dapat kasi noon pa pinagusapan yan

Kasi bago naorderan ng garnishment may mga lega action na yan

kung sino nagkulang siyan g

Antonio Zarate December 3, 2013 at 7:50 AM

sa aking palagay, BIR did the right thing,at totoo din na marami

pang ganyan ang kaso na hindi nahahatulan, pero sana huwag

tayong mag sympathize kay pacman dahil sa status nyang sikat na

nagbigay karangalan sa pilipinas. ang mali ay mananataling mali

kahit sino man sya. the way they react, those who sympathizemanny can not help to improve the government effort to make

things right.


isipin naman natin mga construction workers, pulis, teachers,

soldiers, nurses etc...na NAGBABAYAD NG TAMANG BUWIS

BOYCEE FERNANDO December 1, 2013 at 3:42 PM
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"cogen"" s/b "cogent". Sorry. Fast fingers.

Reply


OK. Magkano ang binayad ng SM inc.?

"InterAksyon.com means BUSINESS

MANILA - If you have tons of money, then it stands to reason that you pay

the most in taxes, right? Well, not necessarily so in the Philippines.

According to the Department of Finance (DOF), size of wealth doesn't

correspond to magnitude of taxes paid.

In an infographic titled "Are the Philippines' richest also top income

taxpayers?," the DOF shows that the country's wealthiest, Henry Sy and

family, paid less income tax than 19th placer Vivian Que Azcona, who last

year was the most generous individual contributor to government coffers.

In coming up with its findings, the DOF compared Forbes magazine's latest

ranking of the richest Filipinos and the Bureau of Internal Revenue's (BIR)

list of top individual taxpayers for 2012.

The Forbes ranking is based on an individual or family's net worth, which is

the value of their accumulated assets less their liabilities. In contrast, the

BIR list pertains only to taxes paid on regular income earned for a given

year, which necessarily is smaller since it doesn't take into account

accumulated wealth.

Members of the Sy family, who built the country's largest chain of shopping

malls (SM) and the biggest bank (BDO), paid P93.8 million in income taxes.

This is 0.01 percent of the family's estimated net worth of $12 billion

(roughly P516 billion, using today's exchange rate of P43:$1), which made

the Sys the Philippines' richest, according to Forbes.

Among the family members on the BIR list are patriarch Henry Sr., wife

Felicidad, sons Henry Jr., Hans, Harley and Herbert, and daughters Teresa

and Elizabeth.

Azcona, whose family owns retailer Mercury Drug, paid P131.4 million in

income taxes, making her the country's top individual taxpayer in 2012.

Azcona's tax payments were 0.36 percent of her family's estimated net

worth of $840 million (about P36.1 billion), which landed them on the 19th

spot of Forbes' list.

According to the DOF, 15 of the 40 Filipinos on the Forbes ranking were not

on last year's list of top individual taxpayers.

To see how the other super-rich Filipinos contributed to the National

Treasury (or failed to do so), check out the DOF infographic reproduced

below:

Paano nangyari ito an isa sa Forbes richest Filipino ay kakaunti lang ang tax

na binayad? Ano ito, lamangan?

Reply


Do not compare the Sys to Manny Pacquiao. Again, just like

Attorney Fortun said, it all boils down to hiring the smartest

lawyers and accountants, and doing business within the limits

and privilege of the law.
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Monzenn Carlo Mallari December 1, 2013 at 9:20 PM

You are confusing wealth and income. Income is what you earn in

a period of time; this is deducted by income tax. Wealth is what

you have already. Unless the country has a wealth tax (and the

Philippines does not AFAIK), this does not figure in the tax issue.

Static vs flow.

marawitdawit December 1, 2013 at 9:25 PM

I am no expert. But try to search on articles about things being

"incorporated". Corporations have bigger opportunities to do "taxavoidance" compared to individuals. Mali gamitin yung argument

na nasa Forbes listing sila tapos ang liit ng tax? Sa FORBES listing,

assessed value yun ng lahat ng assets nila. SM as a corporation

has to pay its corporate taxes, mali naman ata na pati personal

ITR ni Henry Sy eh pagbayarin din siya ng buong kita ng

corporation. Their advantage is they can hire the best lawyers

and accountants, Manny should have done the same, then he

would have saved himself from this quandary. If you want to

know kung di sila nagbabayad ng sapat I think the data that you

should look for is the earnings of all their listed companies and

check their corporate taxes paid, not the their ITRs which only

pertains to their earnings under their individual names and not

their company names.


Pretty sure the Sy's have other means to be tax exempt like their

SM Foundation thing.


Earnings are being taxed; Wealth has already been taxed. It's just

that simple.


YES, agree, but BIR should have done everything in a timelymanner. It should completed before the next filling date. If their

back taxes or errors, should be collected during the next filling.

They should not wait for five year passed just to slap everyone

with too much penalties. This is an opportunity to put taxpayers

to a situation like Manny. If BIR will do their job promptly, there

should no problem like this. They are also paid out of Taxpayers'

money therefore they have the right for a speedy action.


Si Pacman ang matigas ang ulo..kaya inabot nang 2 taon ang

paghintay sa IRS certification..The law is for the good of

everybody. It does not affect to those who are righteous income

earners who pay their taxes religiously. The law is harsh to thosewho violate it! That simple..


I completely agree with you.

Atty. Kroi Vallejos December 2, 2013 at 9:21 AM

No. It is the burden of the taxpayer, in this case Manny, to act

(comply) in a timely manner, not the other way around. Reason

why Winnie called money a spoiled brat and characterized him as

trapo.
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Palitan na ang accountant and lawyers ni pacman!


it all boils down to hiring the smartest lawyers and accountants,

Meaning, lamangan pa rin


soooo..it's a matter of getting a genius lawyer gan ba?....e di

dapat ganon...honest ka dapat ...di ba ganyan ang itinuro ng

nanay at tatay mo?


While perusing the comments here, I begin to understand that

there are so many uneducated or ill-informed Filipinos when it

comes to taxes. Let me first introduce my personal background: I

am a USA based businessman that owns and personally controls

convenience stores, restaurants, and rental housings. On real

estates side there is what you called 27.5 years DEPRECIATIONALLOWANCE, tangible properties like automobiles, ac/heat units

7 years DEPRECIATION ALLOWANCE and some other things are

subject to 50% RAPID DEPRECIATION ALLOWANCE for the 1st year

from purchased or putting in service and the rest of the

remaining life expectancy is deducted against the income. THIS

IS WHAT YOU CALLED "DEDUCTABLES". An incentive given to

encourage an maintain the interpreneural spirit and is COMMON

to all CAPITALISTIC countries.

Let me cite an example here. For instance, I bought an

apartment worth $37.5M. I established that the land is worth

$10M (land cannot be depreciated) and the building is $27.5M

which I'm allowed to depreciate for 27.5yrs and that is $1.0M to

be used against my income. It is called "PAPER LOSS" however in

reality it is a gain. (Schedule E of the IRS)


It's me again. (continuation) Then what is next is If for instance

that I knew that I made so much profit before the end of the

taxing period. I w ill spend the for more (business-wise) by buying

another income producing property or tangible property which

will be considered as BUSINESS EXPENSE. (DEDUCTED AGAINST

INCOME) Lets say, I want to take my vacation overseas. While on

vacation, I peruse the local factories seeking for some business.

Therefore I can deduct my airfare, accommodation and incidental

expenses since my vacation is also considered as a BUSINESS

TRIP.


To Anonymous, Dec. 2 at 5:13 PM. If you buy "another income

producing property or tangible property", then that is classified

as an ASSET, not a Business Expense. An Asset cannot generally

be deducted against an income. Also, technically, you should

apportion your airfare, accommodation and incidental expenses

between your personal vacation and business.


kapareho ni Manny yung unang nagcomment nito eh mahina ang

pangunawa
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If you are in business of rental properties and you bought

another rental property there are costs that involved. The

POINTS (percentage that it costs to borrow money), lawyers fee,

survey, title insurance, finders fee, cosmetic or

construction/repair cost etc,etc and those are TAX DEDUCTABLE

EXPENSES and can be deducted against income since you obtain

an income producing ASSET. It is HIGHLY probable that in the

first 2-5 years the NEWLY OBTAINED PROPERTY is at LOSS. You

have to spend money to bring the property into utmostprofitable capacity. DO NOT READ MY POST IN BETWEEN THE

LINES! There are lots of things to learn on HOW TO take

advantage of TAX LOOP HOLES..

Herman Dela Pena December 3, 2013 at 4:20 AM

kung sinasabi ni pacman pulitika ang dahilan kaya hinahabol ng

BIR, palagay ko napulitika din si pacman nung past administration,

yung dapat na ibayad ng tama sa BIR nung past, naibulsa ng mga

pulitiko na tumulong sa kanya para mabawasan ang binayarang

taxes,....

Antonio Zarate December 3, 2013 at 8:06 AM

yan ang dahilan, iba nakinabang, si Manny ang nakasuhan dahil sa

kanyang pamumulitika sa nakaraang admin. si si manny ang

namumulitika.

batang ala-eh December 3, 2013 at 8:40 AM

Not surprising that your conclusion is wrong. Your facts are

incomplete if not wrong. You should include the tax paid by

BDO's, SM's and other companies owned by Sy family. That 93M is

based on income for the year not on the value of their assets.

Pacquiao should hire a good accountant and people should learn

about taxation and not judge based on perception or ignorance.


To comment on #3 i agree that it should not reached that point! if there

are undeclared income as it is very obvious in 2009 i can't believe that

Pacman ignored the BIR. If the 50M income might be the income from other

sources of Pacman hence the argument will be the undeclared income from

the ring and we all know that 100% it was taxed in US. I heard him say that

they have submitted the copy of the IRS and it was not accepted by the

BIR.

Reply


That's the main point "Accountants and Lawyers"! the very main reasons

why the world is in chaos because of great and noble accountants and

lawyers the mighty soldiers and protectors of the rich and corrupt people. I

submit.....Hail to the GREAT ONES!!!

Reply


fortun's blog simply show that pacman should have hired him.
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plain and simple! hail to the great ones indeed!!


was just about to say the same thing.

Fa Kim Yang December 2, 2013 at 7:11 AM

Who are Pacman's 'accountants' and lawyers? Hindi si Mommie

Dionisia,I hope, or one from the Philippine Congress. Maybe

Pacman can just ask the 'reverends' around him to start a prayermeeting to solve this problem?


Very well said... A quick lesson on taxation... i hope the filipinos would

take time to read this than blindly be embroiled by their emotions. We are

all subject to taxes, the difference here is on how you are able to bypass

the intricacies of it. Hence accountants and lawyers, do not be so quick to

judge people especially when they have worked their butts off studying to

achieve their CPA and passing the BAR. This is a good thread, it will

differentiate who uses logic to analyze or just speak without even thinkingrelying only on emotions as a tool... "I just brought honour to the country,

and this is what you repay me? How dare you!" ... Yes you brought honor,

but did u pay the right amount of taxes the last two years?

Reply


Six words: File your ITR, zero pa yan...

Reply


There flaws in this article. first, W-2 mentioned is a certificate of income

issued by an employer to an employee. Pacman is not an employee.

Second, getting the required certificate of earnings from the IRS takes only

several minutes, at most hours. Not years.

Reply


Very very TRUE!

4NON employees it is 1099 here in US.


to all TAXES in the PHILIPPINES,, HARAM habibi HARAM..and that is why in

the mideast,,walang tax kasi bawal sa Islam,good for them.

Reply


Edi pumunta ka dun wahaha
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tama ..Haram yan...mabuti pa tanggalin ang pagbabayad ng

buis...si Hesus nga ayw nya sa mga tax colektors na yan


tanggalin ang buwis? edi kayo magpagawa ng sarili nyong roads,

airport, schools, hospitals, etc. Kayo na din magpasweldo sa

public officials. Magdasal nalang tayong lahat na sana may

umusbong na infrastuctures sa lupa and at the same time umulan

ng tipak tipak ng ginto


the problem is the incompetent people around manny, di nila pinapansin

ang BIR for 2 years tapos ngayon sisigaw sila ng political harassment,,,, i am

a fan of Manny only in Boxing,,, wag lang politika...

Reply

Anonymous December 2, 2013 at 12:26 AMThis case is a waste of everyone's time, it may be true that MP didn't file

but what are laws for? what takes precedence ? The spirit of the law or the

letter? The goal here is to show that no one is above the law but to

enforce technicalities to such a brutal extent (Charging 2.2B tax on a

person with Assets amounting only to 2.1 B) doesn't win anyone to the

BIR's side. This whole thing is nothing but a PR fiasco for both sides... This

could've and should've been handled better by both sides...

Reply


sir anonymus . . .surcharges and penalties kay nagging 2.2B plus

additional na na naman kay 2.4B na


sobra sobra lang kasi ang percent sa kinikita ng tao ang sinisingil

ng BIR kaya tuloy imposibling magbayad si JUAN ng tamang buwis.

Kayo po ba nagbabayad ng tamang buwis?


Parang Credit card lang yan it is an obligation if you will not pay

the dues it will accumulate interest, then better pay taxes own

time....


Tax and death are the two most certain realities we have to face...and

Pacman is not exempted.

Something to smile about taxes....

http://www.youtube.com/watch?v=fierj10kA4k

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Gintong Lahi December 2, 2013 at 12:41 AM

EXCELLENT. MOST CONCISE. VERY CLEAR. ONLY AN IDIOT LAWYER AND TAX

ACCOUNTANT WON'T UNDERSTAND.

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Very well said gintong lahi.

Ben December 2, 2013 at 1:09 AM

Well, just hire the best Liar Manny - I mean Lawyer... Hire those who can

bring the dead to life... If the BIR really is serious enough in imposing what

they ought to be right, then I am sure that the entire island of Camiguin is

not enough as a "home" of our country's top tax evaders...

Reply

Anonymous December 2, 2013 at 7:26 AMsino sila? sabi nga nga huwag lang magdaldal...give names at proof

para maka suhan..mag Benhur Luy ka..


Note: Walang negosyante at politiko ang nagbabayad ng tamang

buwis. kahit siguro ikaw. kaya wag kang magmalinis


This is a very good read! I am one of the few who is on the BIR's side

regarding this issue.

One little thing, though: I believe that, contrary to the intro of this article,

there is no Tax Evasion case against MP, and that this is only a Collection

case. Please correct me if I'm wrong.

Reply


No Tax Evasion mentioned, but if the BIR wins, Manny would lose his

billions, which means good bye campaign funds.

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The above blog maybe true, bu I still believe that there is someone behind

all this. Firstly, timings, Fortun say if the BIR issue this before the fight,

then Manny might loose, then why just after...Is it coincidence, I don't

think so... If BIR is really honest, they should done this 1 or 2 years back.

And the 2.2B tax in one swing is just too much. Its ok if you'll see where

taxpayers money goes but in our country it always go to the corrupt

officials.

But going back to the issue, Manny should hire a very good accountant and

attorney. I'm 100% sure manny is saying his taxes, its just a matter of proper
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documentation and filing.

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Brod..ngayon lang to..because the time limit of Manny to submit

the needed documents or file a protest has expired this time..2

years ago pa to dapat..nabigyan nang hustisya si Pacman dahil 2

years ang hintay ng BIR..


"I go back to the basic premise. If he filed his returns properly,

we wouldn't even be having this thread now. He has nobody but

himself to blame." -Atty. Fortun


Sir di ba nga sinabi na sinisingil na si Manny two years ago pa..2

years ago! hindi coincidence ito..


Two years ago na siyang sinabihan pero wala siyang ginawa. Baka

kasi makalusot.


under the law, may tinatawag kasi tayong 'prescriptive period.'


Ok, if we consider that the lawyers and accountants of Manny did not dotheir job well and of course they should be fired. Would the amount to be

paid by Manny (Php2.2B?) to BIR likely to bring him back to his humble

beginnings??? We may assume he will need to have more high profile fights

in the future to make up for this financial loss. But for how long?? Can he

file bancruptcy??? Maybe, he might contemplate on changing his citizenship

to becoming an american citizen. What do you think?

Reply


And once a GI, no way to hide from IRS...jejeje...

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Tsk.tsk.tsk. 2.2 Billion pesos !? An dami nun'! Magkano tax nun 2.2 Billion

pesos ? After reading this blog about Pac's tax collectible monies, Atty.

Fortuns' statements are in line and straightforward about the issue ,

wherein the Pacman is at fault. A big ? , where are the 1040 tax forms that

were supposedly filed thru the IRS for Pacman's taxable incomes from his

bouts won or lost ? Any reason/s for the failure to do so from the BIR's

mandatory request ? (... overlooked that it's no longer FG's /GMA's era of

power over the country and the clout they offer to alliances...? ) Who am I

to say...But ...it was a very very wrong move Pac. You are right about you

being in the opposition's corner AND a presidential move from your corner

is much anticipated from their corner and they are treathened by it , the


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crowd loves you Pac'...) Mr.Arum ! Will you please get him out of the ropes!

Yo! Freddie ! Help him out ! You guyz made tons of change from him ! Hey

Bob ! Will please get the gaddamn papers from the IRS ! would you !

Gaddemmett ! fuckin leeches ! Yo Pac' you'll be alright, just stick into

boxing. Leave the politics to the crocs', You're not a croc ! are you? No

you're not, you're the Dundee ! GOOD LUCK Dude ! We all make mistakes,

just watch it and try not to next time. Go get them papers yourself if you

really have to. AND O' ..get Maywheather, that'll even out all this shit,Ok?

Stay away from the politicians !You got one to get rid of Pac'! HAPPY

HOLIDAYS !

Reply


I think, Manny and his cohorts have resorted to "Argumentum ad

Misericordiam" (argument from pity or misery), the fallacy committed when

pity or a related emotion such as sympathy or compassion is appealed to for

the sake of getting a conclusion accepted. The assent or dissent to a

statement or an argument is sought on the basis of an irrelevant appeal to

pity. Manny should have realized or should have made to realize, that in his

case, pity, or the related emotion is not the subject or the conclusion of

the argument. That's Philosophy 101 or Argumentation and Debate 101!

Reply

Manny Balane December 2, 2013 at 9:48 AM

According to former Finance Secretary Margarito Teves, the Aquino

government acted illegallby by garnishing Pacquiao's assets without a court

order. Henares said that there was a court order but the CTA said that no

such court order has been issued.

Reply

dgtewithlove90 December 2, 2013 at 9:51 AM

Manny was ill-advised. People around him have convinced him to join

politics probably thinking it would be easier to circumvent the law because

politicians can get away with almost anything all the time. Taxation, for

one would not be a problem. He allowed himself to sucked into a systemthat most corrupt people would hide behind the mask of public service

pretense. So now, he got himself into this huge mess. What he could have

done with his billions was hire topnotch investment planners and

accountants and lawyers. His money will have been multiplied times over.

Pay the right amount of taxes; which would do service to the country. But

then... He is still a Politician...

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Best advice to Manny:

nagbabayad ka na sa IRS di ba. Mg US citizen ka na lang, taposproblem mo.


kayo naman masyado nyo kinakawawa ang ating pambansang kamao, pati

tuloy si pambansang epal nakikialam na (biglang dumilim ah). at hwag nyo

maliitin ang future running mate ni bUrak obama..... magagalit din nyan si

future vice first lady Aling dionesia at future customs commisioner Sabit

Singson ---- GOODBYE PHILIPPINES bwa ha ha ha
http://dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html?showComment=1385949833161#c8083696830114211379http://dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html?showComment=1385964747793#c4017892520039956984http://dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html?showComment=1385949114711#c928730249347282975http://www.blogger.com/profile/00173126979652180375http://dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html?showComment=1385948937708#c3898953568296818181http://www.blogger.com/profile/11480478376989429833http://dulzspeaks.blogspot.com/2013/11/a-lawyers-take-on-paquaio-bir-bout.html?showComment=1385948716423#c5092558226389680771


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I could not agree more about implementing the law by our BIR how about

the BIR provide a list of proper spending of all the taxes they collected from

the hardworking Filipino people and WE THE PEOPLE so then we know if it

is worth to pay taxes?

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if the BIR failed to provide such a list then they are guilty of

mishandling government budget and they should be put to

trial.....


TAX MAN lang po ang BIR and the FILIPINO PEOPLE ang DAPAT

MAG BANTAY NG SPENDING . . . . Di po nila hawak ang PERA . ..

taga kolekta at tag deposit lang sa GOV BANK account . . .


anonymous above..... that is the job of the DBM, taga collect lang ang

BIR....haaist esep esep

Reply


So then the BIR must ask the DBM where all the money goes

right? to show the people what happen to the tax money?


same situation what they did to Pacman he told the BIR that the

IRS already got his tax and yet they insisted to get it himself.


Haaisst esep, esep...


DBM ask BIT? that's like the left hand asking what the right hand

is doing. There are government websites NOW that shows how

our budget is being utilized. It is the TAXPAYERS JOB to look into

it then complain to CONGRESS if you have problems. But then,

you are lazy to research and prefer to use the comment section.


haay mga booobo!! balik kayo sa elementary... it is the DBM's job

to manage how government money is spent,, and the COA will

audit to verify it... BIR is under department of finance na taga

kolekta lang ng pondo para sa gobyerno. ang dami nyong

bobotante kaya walang asenso ang pinas
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It is apparently clear here that this issue resulted to the issuance of the

Writ of Garnishment due to the horrendous failure of Pacquiao's Lawyers to

do the necessary steps of filing the proper responses, whether asking for

time to obtain IRS documents or contesting the assesment. Lucio Tan's

Lawyer were able to prevent WG by simply complying with procedural

steps.

In USA a lawyer whose incompetent or neglect resulted to damages on his

client can be sued for malpractice.

Is there such recourse against erring lawyers in the Philippines?

Reply

Maricor Creer December 2, 2013 at 12:57 PM

i propose, we should both knowledgeable on the "accounting side" and the

"legal side" of Taxation! hehe. Its Accounting and Law.

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I think Pacman needs help from SGV.

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Unknown December 2, 2013 at 1:11 PM

Kasalanan talaga ni Pacquiao yan, he is acting like a spoiled brat. Palibhasa

he got a lot concessions during the time of GMA. Akala siguro kayang

lusutan din ngayon. Tsaka eto pang si #Epal na si Binay sumasaw saw pa sa

isyu, kaka suka sila

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I know Fortun will not sepculate, but I'm curious what he think is the

reason for the inaction of Pacquiao's Attorney's and Accountant.

Is it possible that they are hiding something? Is it possible that they kept

Pacquiao blind during the two year period on the real amount of his total

income in USA including endorsements, PPV, ads etc. and the took thy

divert the balance to other purposes or for their themselves?

Some of you might recall or might have heard Chino Trinidad talking about a

financial agency V ision Quest that sued Pacquiao for breach some years ago

when their services was terminated. The cause for the termination was

due to Vision Quest's report which alleged that Pacquiao's manager a

certain Michael Koncz and Pac's Lawyer Atty. Gakal tried to distort the

financial statements with inaccurate amounts.

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Even Jesus Christ befriended the tax collectors after which made them

disciples. Pacman give unto Caesar's what's Caesar's and give unto God

what's God's!! You're media mileage surely won't work. Again, dura lex sed

lex!!!

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to Anonymous December 2, 2013 at 12:52 PM:

a case for damages may be pursued against erring lawyers here i the

philippines, if such is so gross and manifest.

Reply


hay whatever! pare-pareho lang ang mga yan na hindi nagbabayad ng

tamang tax, nasa galing at talino lang ng abogado kung paano palulusutin

ang kanilang mga kliyente!Reply


possible ganun na nga bakit di alam ni MP.. may tinatago mga tao nya sa

kanya..

Reply


nasilip kasi ung pinagkukunan ng pondo ng ga corrupt n officials ang PDAF.

kaya humahanap sila ng bagong butas kung saan makaka-kurakot. Ngkataon

nmn n si pamcan natarget nila kasi alam nila n million$$ n nmn ang kkitain

nya. OBVIOUS UNG MGA MOVES NYO.

Reply


Ano na naman to? Another strategy to deviate the issue from PDAF.

Pacquiao's tax problem is his problem not ours. PDAF came from the

people's taxes and has been misused. MP's supposed tax, is yet to be paid

and has not been included yet in the controversy of the PDAF. Sisingilin pa

lang yung kay manny pero yung PDAF ay nasa possession na at hindi na

malaman kung nasaan.

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Hindi sa hindi naintindihan, kundi ayaw lang umintindi! Baka daw lumusot

eh, baka nangarap si Pacquiao na smart lawyer niya si Binay. Banat ng banat

lang ang alam ni Binay!

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I usually call SOME born again as buang again.

Coz' they think they are more righteous now that they have memorize the

bible.

Again ... some not all!

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IMO, madaling magjustify ang BIR pero hindi nila kayang ITAGO ang mga

MASAMANG MOTIBO sa lahat ng panggigipit nila kay Manny.Ang galing lang

naman ng timing nila.

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si manny ay marangal na tao. kahit buong mundo alam na nagbayad sya ng

tax. ang gobyerno lang ang may problema kasi oposisyon siya. gamitin ba

ang BIR! intindihin nalang natin si ms henares, baka kasi mawalan siya ng

trabaho pag di niya susundin si mr. president. "kaya lang may Diyos na

nagbibigay ng parusa sa mga masasama! hala ka!

Reply

Anonymous December 2, 2013 at 10:32 PMHindi pinag usapan ditto kung marangal o hindi na tao si

Pacquiao. Ika nga ni Atty Fortun, 1. Nag declare ba siya ng tamang

kita? 2. Nag bayad ba siya ng buwis 3. Kung nag bayad man, nag

presenta pa siya ng katibayan na nag bayad siya?...Ganun lang ka

simpli ang argumento bro. Wag ka na lumayo pa.


sa mga nagtatanggol kay Manny, hindi niyo maiinitindihan ang proseso kung

paiirilain nyo ang blind idolatry nyo kay Manny Pacquiao. Ang buwis/tax ay

utang sa bayan, hindi po kung kanino man. It goes to show that MP hired

the wrong people, they are out to take advantage of him, and did not

properly advise him on so many things. Tama yung caution na na wag

icompare sa mga Sys, kasi bago nila makuha ang pera nila from SM group of

companies, naka-tax na (final tax) yung kay Pacquiao, subject to income

tax dahil individual siya. Sa mga nagbabayad po ng buwis na nanggagaling sa

iba't ibang employer, hindi po puwede ang substituted filing, kaya

pipirmahan mo talaga ang ITR. Si MP, naturingang kongresista, wag nyang

sabihin na hindi nya alam kung ano ang pinirmahan nyang ITR (na may

underdeclared income). Sus, lalo siyang dapat mawalan ng puwesto sa

kongreso!

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mas marami lang talagang taong matalino at alam bumasa ng totoo

at motibo. sa ginagawa ng BIR at gobyerno mas lalong dumarami

ang dumaramay kay manny, mas lalong dumarami ang naaawa sa

kanya. kasi alam ng buong mundo na galing sa mabuti ang pera ni

manny. buhay niya ang itinaya para makamit kung ano ang meron

siya ngayon. lahat ng taxes niya sa mga laban niya ay bayad sa IRS,

ginigipit lang siya ng BIR kasi oposisyon. ginagamitan ng Technical

para magarnish mga bank accounts niya. nasaan na ang tuwid na

daan?? si lucion tan, na may bilyones na utang at mga anomalyang

transakyons, asan na BIR? dahil ba kakampi ng boss niyo kaya

untouchable?

Rozanno Mabal December 2, 2013 at 11:16 PM


Ang alam ko supportado ni MP ang administrasyong Aquino

simula't sapul naman. Kahit na mag-kaibang partido sila hindi

naman malaking issue yun for them? Isa pa sinabi rin ni MP na wala

daw kinalaman ang presidente sa tax case niya during the

pressscon. So ano ba talaga? Mas naniniwala pa nga ako na

nagpapa-kitang gilas lamang tong si Henares eh.hehe
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true...they just can't accept the truth...it's just like

saying...they know...but they REFUSE to understand...dahil yong

focus nila kay MP. they must widen their views and

perspective...


sa dami ng CORRUPT businessmen at politicians bakit si manny ang

pagdiskitahan ng BIR? confusing... bakit kailangan e garnish ang property

nung tao na alam ng buong mundo na galing sa mabuti at buhay ang kanyang

itinaya para lang magkaroon ng maginhawang buhay. tanga lang ang hindi

magiging emotional sa ginawa ng BIR. pwede BIR mga corrupt ang

imbistigahan ninyo maawa naman kayo sa pera nung tao. buhay nya ang

itinaya para lang magkaroon ng maginhawang buhay pamilya niya. balik nyo

na ang pera ni manny. Maging makatao naman kayo!

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naiintindihan po namin na magaling ang pagkadeliver ng message. Kaya lang

hindi ho kayang itago ang motibo ng mga nanggigipit kay manny. sana lang

panindigan ang matuwid na daan.

si manny maraming natulungan. nagbayad sa IRS ng tama otherwise hindi po

siya makalabas ng US kung may itinatago siya. ang punto sana walang gipitan

lang

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hahaha! I couldn't agree more. very well said!


I AGREE. Magaling nga pagkadeliver ng message, but obviously,

may MASAMANG MOTIBO na itinatago SA PANGIGIPIT nila kay

Manny.

Sana naman yung nila slogan na matuwid na daan ay matuwid

parin hanggang ngayon.. hahay!!!


yeah buti pa sa U.S nagbabayad ng tama, pero sa Pilipinas hindi.

Anonymous December 2, 2013 at 9:20 PMhay nalang...kung alam lang nakakarami nagyayari dito sa

mindanao particular gensan/south

cotabato/sarangani...nagmumudmod yan ng pera si pacquio

tuwing eleksiyon...pero kulang2x pala magbayad buwis...saludo

ako sa kanya bilang boksingero pero di ako kumbinsido

performance nya bilang pulitiko...


kung ang pagtulong sa kapwa ay kapalit ng pagtakbo sa pagbayad

ng buwis eh di wag kana magtrabaho para wala ka ng buwis engot


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Very elementary na nga yung blog about the case pero madami pa

ding hindi nakakaintindi. The main issue was explained very we

dulz speaks_ a lawyer's take on paquiao-bir bout_ an instant lesson on taxation

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