Former Senate President Juan Ponce Enrile
In the defense of his political ally presidential aspirant Bongbong
Marcos he is of the opinion that BBM cannot be compelled to pay estate tax
amounting to P203 billion.
A former taxation professor, Enrile claimed that Marcos could not be
compelled to pay the estate tax imposed on his father’s properties — initially
pegged at P23 billion in July 1991 but soared to P203 billion because of annual
interests and penalties — while the litigation on some of the properties is
still ongoing, which he called “estate proceedings.”
The Supreme Court, however, ruled in March 1997 that the tax collection
became “final and executory” regardless of whether litigation is ongoing.
“Hindi naman obligasyon ni Bongbong ang magbayad ng estate
tax. Buhay pa siya eh (It is not Bongbong’s obligation to pay estate tax),”
Enrile said.
“May issue ngayon sa
titulo nung mga ari-arian so sasalang yun dun sa estate court. Hanggang matapos
yung issue na ‘yun at maliwanagan kung sino talaga may-ari, ang estado o ang
namatay ay hindi uusog yung estate proceeding at ang BIR naman hindi
makakapag-assist ng estate tax (There were issues on the titles of properties
which will undergo estate courts. Until those issues are settled–on who is the
real owner, the state or the deceased–the estate proceeding will not advance
and the BIR won’t be able to collect estate tax),” he added.
According to Enrile,
Marcos should not be punished over the family’s unpaid tax dues.
Enrile, however,
insisted that the estate proceedings were not yet over.
“Kung hindi pa natapos
‘yung estate proceeding, pano sasabihin ng Supreme Court na tama yung
assessment ng BIR? Anong basehan nung BIR na mag-assess ng estate tax kung
hindi pa tapos yung estate proceeding? (If the estate proceedings are not yet
over, how can the Supreme Court say that the BIR’s assessment was right? What
is the basis of the BIR in assessing the estate tax if the proceedings are
ongoing?)” Enrile said.
“‘Yung sa Korte
Suprema, mga tao lang ‘yun na nagkakamali din, eh (Those in the Supreme Court
are also humans who commit mistakes),” he added.
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