No probation, only jail, for tax evader

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The Court of Tax Appeals (CTA) stood by its decision to jail convicted tax evader Benjamin G. Kintanar, saying he was not qualified for probation.

The tax court, in an en banc resolution promulgated last Nov. 21, denied for lack of merit Kintanar’s motion for the court to reconsider its earlier denial of his request for probation.

The Bureau of Internal Revenue, which received a copy of the 10-page resolution last Dec. 3, noted that the tax court stressed that  probation is a privilege granted to “pertinent qualified offender.”

The CTA in September 2010 found Kintanar guilty of not filing income tax returns in 2000 and 2001, depriving the government revenues of totaling P8.65 million, excluding penalties and surcharges.

Kintanar is the husband of multilevel marketer Gloria Kintanar, who has also been convicted for not paying P15 million in taxes on her income as a distributor of Forever Living products.

Kintanar faces imprisonment for at least a year and 10 years at most.

Kintanar had appealed the conviction and raised the issue to the CTA en banc in April 2011 but it was dismissed for lack of merit.

Kintanar again filed a motion for reconsideration last June and applied for probation. He pleaded for the court to modify the sentence, remove the jail term, so that he could work outside of prison and earn money to pay for his tax liabilities.

Kintanar also said that by putting him under probation, he could be considered as a “trimedia example of the government in convincing the general public that it is best to pay taxes.”

But in the November ruling, the CTA said Kintanar “is no longer qualified to apply for nor allowed to avail of the benefits of probation… since his intention to apply was only expressed not only after he had perfected his appeal from the judgment of conviction.”

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  • http://profile.yahoo.com/UZF4OTGY4BREFE42RXP7FZJKFY Ding

    Take note tax evaders…sa ganyan nakulong si Al Capone na nakalusot sa mga legal na kaso, dahil sa legal technicalities.

  • http://profile.yahoo.com/TRUL7WO4HJPGNVCKIHP4PTZGX4 Mark

    This is the right way to really eradicate corruption, CONVICTION OF THOSE WHO DID WRONG!

  • UrHONOR

    GOOD…but better yet, let’s hear the big fish from the government service…..those in revenure-generating agencies like BIR, CUSTOMS, LTO, DepED, and DOH, since it’s form these helluva places that “horse trading” in mamoth sums takes place.  Itutok ang imbistigasyon sa mga empleyadong may UNEXPALINED WEALTH na madali namang malaman kahit na itago pa nila sa kung saan ang kanilang mga nakukurakot. (kotse sa pangalan ng iba, lupa sa titulo ng iba, bank accounts sa pangalan ng iba, stock investments sa pangalan ng iba, korporasyon na sa pangalan ng iba……madaling mahuli ang mga yan!  Pag sinipag ng husto ang NBI, tiklo ang karamihan, kundi lahat ng mga TNL na yan!)

  • johndcross1

    Very good CTA!  That Kintanar & his wife has to spend time in jail.  Also, increase the jail time.  One year is so short.  10 to 20 years considering the amount involved.  They should set as an example to those tax evaders. 

    What happened to the case of Mickey Arroyo?  A congressman not paying his tax?  Set an example on him also if all the evidence are true.

  • Albert Einstien

    UBOS ang mga politiko at govt officials  nyan…paglabas ng FOI …..linisin natin ang pnas….hinaharangan ng PNOY admin ang  foi…madami KKK na tatamaan…..lol

    ITO mga NEWS ngayon time ni PNOY: PH rises in ‘corruption perception’ rankings, Philippines remains one of most corrupt countries,.BIGGEST CORRUPTION sa HISTORY…101.8 billion lost to CORRUPTION :COA audit report for 2011, current PAGCOR CHAIRMAN NAGUIAT also involved in alleged INTENATIONAL BRIBERY,
    PRC commissioner nabbed for extortion, Taguig CHIEF & it’s police of being involved in “drug recycling,” or the reselling of illegal drugs seized during operations…” .MORE DRUGS in the Philippines”……..grabe na to….!

    • legislex

      Hehehe kahit maganda na ang balita, masama pa rin kay Albert.  Corruption ranking went down from 129 to 105 this year.  Ang COA report was already clarified that most of it was during GMA’s time.  Ang alleged bribe na nakuha ni Naguiat was just a free accommodation.  The LV bag was returned.  During Genuino’s time, $US30 MILLION ang klarong ibinigay kay Soriano na consultant niya.  Ngayon ang scalawags sa gobyerno hinuhuli na (PRC Commissioner) or tinatanggal na sa gobyerno (Taguig Chief).  Hindi katulad sa panahon ni GMA pinopromote at pinoprotektahan pa.  Ang FOI kinakampanya ni Rep. Erin Tanada na tao ni PNoy.  Well, kahit anong maganda nangyayari sa Pinas, masama pa rin si PNoy.  

      • Albert Einstien

        sus my friend parepareho lang mga yan… naniwala ka naman sa daily propaganda ng mapagkunawaring at mapanlinlang HUWAD na DAAN..yn FOI ELECTION PROMISE PROPAGANDA pa ni pnoy yan at kung hindi hinarang ni pnoy yan matagal na yan pumasa..kung si corona HALF-day lang na na-IMPEACHED ni pnoy at si tanada tinangal sa lp senatorial slate dahil yan sa FOI nya inilagay si BAMaquino KAMAG-ANAK INC.syempre ni hindi nga nagBARANGGAY CAPTAIN man lang,..yun police chief NAKA-UPO pa sino nagsabi na tinanggal na….BOLA naman………lol

        CANCEL ALL CASINO PROJECTS…pati nga grupo nila stanley nakapasok na rin…dati papasok pa lang DAMI ng komontra ngayon BIGLA LAHAT TUMaHIMiK…bakit kaya?

        DI ba kayo NAGTATAKA….ALL projects of GMA knancel ng pnoy admin..pati mga daan,tulay at FLOOD projects ay at kung ano ano pa..PERO ang ITINIRA lang ni pnoy ang CASINO PROJECT ni GMA…at kahit PA-ULIT -ULIT na SUMSIKAT si NAGUIAT ay HNDI ito NAKAKASUHAN at TINATANGGAL….pero IBANG mga hepe TANGGAL agad sa MEDIA na lang nila nalalaman SIBAK na sila……ano ba ang TOTOONG PAPEL ni NAGUIAT ke pnoy?

        CANCEL ALL CASINO CONTRACTS..!!!

        WHO among the MONEYED KKKS is eyeing for for the $billion lucrative
        & strategic landholdings & the LICENSE of OKADA ……that is the QUESTION?………….NAGUIAT & current PAGCOR officers are ALSO involved in the alleged INTERNATIONAL BRIBERY…in FACT by their ADMISSION that money & perks received from okada group an INDUSTRY PRACTICE ” is already INDIRECT BRIBERY( receiving gaming (pang-SUGAL ) & shopping money..doj…just secure an autenticated copy of the freeh report to the gaming compliance committee..the alleged report contain the following;

        “nSeptember 23, 2010: In an e-mail to Ms. Lai, with a copy to Mr. Okada, Mr. Shoji requests that a credit of US 5,000 be extended to each person now staying at the Villa for shopping and gaming(PANG-SUGAL ), up to a total of US 50,000. According to Mr. Shoji’s email, the funds are to be advanced by Wynn Macau and charged to the Universal City Ledger account

        .nSeptember 24, 2010 (13:45): MOP 80,00086 (approximately US 10,000) is advanced from the Wynn Macau main cage to a Wynn Macau VIP Services employee (no longer employed at Wynn Macau), who in turn hands the money to Masato Araki, special assistant to president of Aruze USA, based upon instructions in the above referenced e-mail to Ms. Lai. The handover of funds is witnessed by Wynn Encore manager Alex Kong. The funds are charged to the Universal City Ledger Account. MOP 15,000 of this sum is used to pay for a Chanel bag that Chairman Naguiat requested be purchased for his wife.

        nSeptember 24, 2010 (Approximately 14:00): Mrs. Naguiat, her three children, Mrs. Bangsil and her daughter arrive at Wynn Macau. . MOP 80,000 was worth approximately US 9,816 at that time. Chairman Naguiat’s party] are very important to Universal, and that Mr. Okada wants Mr. Couglan to insure that they are well cared for during their stay.

        nSeptember 24, 2010 (17:00): Mr. Okada meets Chairman Naguiat (and approximately thirteen (13)) others in his party) for dinner at Okada Restaurant.91 Mr. Okada hosts the dinner and the bill for $1,673.07 is charged to his room

        . nSeptember 25, 2010 (05:45): Wynn Macau employees meet Mr. Okada outside his room and escort him to a limousine, which transports him to the Macau Ferry Terminal for 07:00 scheduled ferry departure to Hong Kong International Airport.

        nSeptember 25, 2010: Beatrice Yeung describes in her log book “Movements – Incognito (Mr. Naguiat, Cristino L) / Mr. Bangsil, Rogelio / Mr. Opinion, Jeffrey (Mr. Okada’s guests, Villa 81).” nSeptember 25, 2010: Mr. Araki requests a second advance of MOP 80,000 for guests in Villa 81. Ms. Yeung accompanies Mr. Araki to the Main Cage and obtains the advance for him. [This makes a total of MOP 160,000 advanced for the use of Chairman Naguiat and his party and charged to the Universal City Ledger Account per Mr. Okada’s orders, as relayed in Mr. Shoji’s e-mail.]

        nSeptember 26, 2010 (11:10): Mr. Araki departs the Wynn Macau Encore main entrance. He hands Ms. Yeung MOP 4100, returning what he says is the remainder of the two cash advances for Chairman Naguiat’s partynSeptember 26, 2010 (13:15): Chairman Naguiat’s party departs via Wynn Macau limousine to pick up Mrs. Naguiat from shopping and proceeds to the airport..
        [See Appendix]; Wynn Macau “Miscellaneous Disbursement” record #013066, dated September 25, 2010. 95 E-mail from B. Yeung to I. Coughlan, September 27, 2010 [See Appendix]; Wynn Macau Manager – Encore Logbook, September 26, 2010 [See Appendix]; handwritten and signed note dated “9/26/10” with notation “MOP 4.100”. [See Appendix]. The returned funds were equal to approximately US 503.07 returned out of a total of approximately US 19,632 provided. On or about December 10, 2010: After e-mails and phone messages following Mr. Shoji’s September 20, 2010 e-mail, Mr. Coughlan has a phone conversation with Mr. Shoji, in which he advises Mr. Shoji that, after internal Wynn Macau discussions, the final decision was that Wynn Macau would not provide the requested free upgrade for the Villa occupied during the September 2010 visit. The foregoing recitation of facts surrounding the September 2010 visit of Chairman Naguiat and his party to Wynn Macau demonstrates several significant elements of that visit:
        nMr. Okada considered these guests to be very important to his company. An effort was made from the outset to conceal Chairman Naguiat’s identity and official status, to the point of not even wanting to advise Wynn Macau management and staff. nWith Mr. Okada’s knowledge, Chairman Naguiat and his family were provided with approximately US 20,000 cash to use for gaming and also shopping nMr. Okada’s representative sought to have Wynn Resorts fund a portion of the expenses incurred by Chairman Naguiat and his party, i.e., the free upgrade to a Villa. There is evidence that Mr. Okada personally directed the payments and gifts provided to Chairman Naguiat and his family during their luxury stay at Wynn Macau’s most expensive accommodation in September 2010. On October 5, 2010, Mr. Araki sent an email to Wynn Macau in order to arrange for a “second group of PAGCOR” checking into Wynn Macau on October 8, 2010..what is DOJ/NBI doing kumuha na ng AUTHENTICATEd copy ng report……..BOUNG MUNDO na ang NAKASAKSI nyan DAHIL nk-POST yan sa internet..(EX-99.2 3 d304177dex992.htm REPORT BY FREEH, SPORKIN & SULLIVAN, LLP TO THE GAMING COMPLIANCE COMMITTEE ) …..hindi na pwedeng PAGTAKPAN yan….ALAM ng BOUNG mundo yan… NO SACRED cows madam doj…you should follow the direction of comelec brilliantes at mmda chairman tolentino… ” NO SACRED COWS “..alamin sino sino ang mga PACOR OFFICERs at mga PAMLYA nila na INVOLVED dito sa alleged bibery…….( byahe ng sept 23 & oct 8 2010 )……HUWAD na DAAN..pag lagi na lang me PROTEKSYON ang mga KKK….dapat ang BATAS pantay para sa lahat…papano na pag di ka KKK? DOJ NBI kilos na…wag na magBULAG-BULAGAN at magnoynoying…IMBISTIGAHAN nyo na rin INTEL, DISCRETIONARY FUNDS…..& other nontaxable receipts ng pagcor…kun saan dinala at kanino napunta….at TINGNAN nyo rin kung me katotohanan.. yung VIDEO REPORT ni taberna….ginagamit na daw for PERSONAL & PRIVATE USE 2 years ang mga sasakyan at empleado ng pagcor…bakit yung NBI chief, bilbid chief, pdea chiefs at pag-asa chief…NEWS pa lang ang ALEGASYON TANGGAL na …ito si NAGIAT paulit-ulit ang KASIKATAN…e matibay pasa madulas na PADER…..

        .PAPANO titino ang taong gobyerno at MANINIWALA ang taong bayan kung protektado ang mga kkk ng bawat admnistration?

        mga YELLLOW ZOMBIE lang ayaw tanggapin ang KATOTOHANAN at REALIDAD na tumatahak tyo sa mapagkunwari at HUWAD na DAAN….

      • Facilitator1

        Kabayan, tama ka. Kahit maganda ang balita laban sa mga TAX EVADERS, pangit pa rin ang dating sa mga ibang kababayan natin–talagang galit sila kay PNOY. Kung ang tingin ng mga detracters kay PNOY na sya masama, DO NOTHING president, at corrupt. Ano naman kaya ang tingin nila kay GMA? Batay sa mga surveys (official or not) hindi maganda ang iniwan LEGACY ni PGMA sa madlang pipol…PEACE

        DISCLAIMER: Hindi ako supporter ni PNOY, hindi ko rin syang binoto, at hindi rin ako empleyado ni PNOY o sinuwelduhan para sabihin/isulat ang mga bagay na pabor kay PNOY…

  • http://www.facebook.com/people/Thomas-Edison/1036523457 Thomas Edison

    daryl rose from australia pays off immigration yearly for unqualified balikbayan visa. collect taxes from those BID staff

  • http://profile.yahoo.com/TP6YY66XPT63YFGHDKYTMIO4CM Daniel

    In reality, large chunk of the country’s wealth goes to the Vatican, through the Catholic Church and its allied businesses in the country. I think the government must also impose tax collection from the church. 

    • Horst Manure

      Religion is the Worlds oldest franchise.

    • Albert Einstien

      korek lahat ng dumadaan sa kalsada at tulay dapat me tax……lol

    • http://alasfilipinas.blogspot.com/ Pepe Alas

      Large chunk? LOL!!!

  • $37644997

    I will agree with the BIR if former CJ is put to jail like the kintanars.

    • http://pulse.yahoo.com/_5H2KUCZ24EZTZTKB22GL3A4WAU george bernard

      Your wish will be granted. Be patient and Corona is not far from being a residence of the institution.

  • rjimenez1226

    Bakit ang tagal tagal ibilanggo si Corona, Lucio Tan at mga iba pang hindi nagbayad ng tax?

    • $37644997

      because our laws are designed for the poor and the rich are kind a exempted with their cash on hand.

    • regd

      They are rich?

    • puza65

      di pa nagsisimula ang kay corona na kaso….2 months pa lang naisasampa marami pang dadaanan lalo na sa korte kung saan may mga kaibigan sya….kaya pa nilang gapangin yan…ang hinihintay ko ay ang mag asawang mikey at angela arroyo…

  • http://www.dafk.net/what/ Kilabot ng mga Balahibo

    Why can’t we tax religious organizations, could someone please remind my why not?

    • $37644997

      “cause they think that they are very close to God and act as if being favored by Him.

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

        if that is the case… when i pray hard enough, will the government, not collect taxes from me?

        and more over, don’t we prescribe to the idea that ‘give unto God, what is due unto God, give unto BIR what is due unto BIR’

      • $37644997

        your reward will not be as physical but spritual.

      • http://www.dafk.net/what/ Kilabot ng mga Balahibo

        true, true.

  • Garo Ungaro

    hope…they will start from the rich…who did not pay their fair share…and avoided it for many years…also the corrupt CPAs that handle this kind of cheating…we need all the money to improve the life of our people through government projects and programs…in the long run everybody will benefit  not just the corrupt..and freeloaders…

  • EdgarEdgar

    This is definitely a step in the right direction. Only make sure the application of the law is not selective. By 2016, Noynoy will have his own tax evasion charges to grapple with. The days and nights Noynoy will spend behind bars will be long. What with all the campaign contributions tucked away offshore and others on the side. But prison time will be less lonesome when spent with Tito Peping and the unshakeable Puno. By unleashing the power of AMLC on Corona but not on Aman Futures, Noynoy will regret his own selectiveness when the full force of the law is arrayed against him. Just as Joker has prophesized.

    • http://twitter.com/akongednamzug akongednamzug

      Buti na lang hindi ka naging scientist. Wakang kuwenta mga invention mo. Puwede ka sa komiks.

      • EdgarEdgar

        But I used to write one for Kislap.

  • kabaliktaran

    Not directly related to the story but just an observation sa BIR.
    Marami pa ring kumpanya ang nagmimisdeclare ng income nila. They keep 2 books, isang totoong kita, isang binabawasan para sa BIR.
    Sana itong mga kumpanya na lang na ito ang paginitan at itax ng itax kesa pagtuunan ng pansin ang mga empleyado at ordinary consumers. 

    • http://pulse.yahoo.com/_CKBW2BZX34JXQUSVAMZVKCLNAU TagaDumantay

       Wala namang problema sa empleyado kasi bawat sweldo bawas na ang tax. Formalize na lang ang pag file; pag late may multa agad kahit nasa BIR na ang pera. Ang may problema ay businessmen, korporasyon at self employed professional (doctor at lawyers).
      Sa bilihan naman ng property, dyan maraming under value at BIR mismo ang nag aarange. Di malaman kung paano ba talaga ang kwenta ng capital gain at doc tax.

  • regd

    Tax evasion = incarceration. Perfect formula.
    NEXT.

    • Guest

       Tax evasion = protecting the money from the lazy and corrupt

  • http://pulse.yahoo.com/_H47CPJUE4QYKFUCKSUXK3LNBGI Allan

    Kintanar also said that by putting him under probation, he could be considered as a “trimedia example of the government in convincing the general public that it is best to pay taxes.”

    by putting him in jail is a better example to convince the public that it does not pay to not to pay your taxes. seems getting around the law is inherent in this family.

    • http://alasfilipinas.blogspot.com/ Pepe Alas

      Exactly. Úutuin niyá pá ang mg̃a tao.

  • iping2sison

    Is the BIR selective in their investigations of tax payments? What is the status of BIR findings on why Pacquiao paid little tax last year? There should be no whitewash when politicians are investigated on account of their income tax.

    • wakats

      After the tax evasion cases against the coronas are finished, I also would like to see how the BIR will handle pacquiao’s case.  The multi-billionaire was the top individual tax payer in 2008 but in 2010, his ranking significantly dropped to 113th place despite a steady increase in his purse from boxing bouts and from doing numerous commercials.

      The laws of the land must be applied equitably and without favor.  

  • http://alasfilipinas.blogspot.com/ Pepe Alas

    Good job, BIR!

  • Your_King

    For Kintanar, its jail time. But what if he was a member of Aquino’s KKK, would that have been no probation, no jail, only government position?

  • wakats

    The CA is right – to set an example for tax cheats that they will go to jail if they don’t comply with our tax laws.  Instilling fear among taxpayers with longer jail sentences will undoubtedly minimize tax evasion in the country.

    The famous actor, Wesley Snipes, is still serving a 3-year sentence for tax evasion and is expected to be released next year.

  • Guest

    Yeah, hunt the tax evaders that the lazy and stupid can get their CCT.

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