CTA Case No. O-12 (Decision)

REPUBLIC OF THE PHILIPPINES Court ofTax Appeals QUEZON CITY Third Divisiou PEOPLE OF THE PHILIPPINES, CTA CRIM. CASE NO. 0-012 Plaintiff, (I.S. No. 2005-417) For: ViolatioTL of Sectioll 255 of Republic Act No. 8424, as amended. - versus- :Members: BAUTISTA, ChairpersoH PALANCA-ENRIQUEZ, and COTANGCO-MANALASTAS, fL. JUDY ANNE SANTOS y LUMAGUI, Promulgated: Accused. JAN 16 201~ L , . x----------------------------------------~---------------~~~~-----:2'-_:_~~:-~ DECISION BAUIISTA, [.: The accused, Judy Anne Santos y Lumagui, is charged in an Infonnalion,1 for violation of Section 255 of the 1997 National Internal Revenue Code, as amended, which reads as follows: That on or about the 15tl� day of April 2003, at Quezon City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then there, willfully, unlawfully, and feloniously file a false and fraudulent income tax return for taxable year 2002 by indicating therein a gross income of P8,033,332.70, when in truth and in fact her correct income for taxable year 2002 is P16,396,234.70, or a gross un[der]declaralion/ difference of P8,362,902[.00], resulting to an income tax deficiency of P1,395,116.24, excluding interest and penalties I Records, pp. 43-45. Raffled to the U1en First Division of U1e Court, before U1e issuance of O "A Administrative Circular No. 01-2010, entitled "Implementing tire Fully Expanded Members/rip in tile Co11rl of Tax Appeals," dated )"'"'"" 5, 2010. /

DECISION crA CRlM. CASE NO. 0 -012 thereon of 121,319,500.94, or a lotal income tax deficiency of 122,714,617.18, to the damage and prejudice of the government of the same amount. CONTRARY TO LAW. Manila, Philippines, November 30, 2005. FACTS OF THE CASE On November 3, 2005, the prosecution filed an Information before this Court against the accused.2 On November 14, 2005, the Court issued a Resolution, ordering the prosecution for clarification/explanation on the discrepancies appearing on the Information, and submission of other relevant clocuments.3 Thus, on December 1, 2005, the prosecution filed its Compliance with Ex Parle Motion to Admit Attached lnfonnat.ion.4 On December 9, 2005, the Court, finding the existence of probable cause to hold the accused liable for the couunission of the offense as charged, promulgated a Resolution, ordering for the issuance of a Warrant of Arrest.5 On even elate, a Warrant of Arrest was issued against the accused.6 On December 21, 2005, the Court, considering that the accused volw1tarily appeared with counsel and posted the required bail bond for her provisional liberty, issued a Resolution, lifting and recalling the Warrant of Arrest? 2/d., at pp. 1-36, wiUt Annexes. 3 /d., at pp. 37-38. 4Jd., at pp. 40-222, with Annexes. s ld. , at p . 224. 6 /d., at p . 225. 7 /d., at p. 230.

DECISION crA CRIM. CASE NO. 0 -012 On February 23, 2006, the Court, resolving the Motion to Quash filed by the accused on January 10, 2006, issued a Resolution, denying the same.s On May 11, 2006, the Court, likewise, denied the Motion for Reconsideration and/ or Reinvestigation filed by the accused on March 1, 2006.9 On May 23, 2006, a Certificate of Arraignment was issued stating that the accused, with the assistance of cow1sei, pleaded not guilty to the crime as charged.1� On June 19, 2006, U1e Court sitting Ell Balle issued a Resolution, denying U1e Motion for Extension of Titne to File Petition for Review filed by the accused on ]w1e 1, 2006, stating that the Resolutions denying the Motion to Quash and Motion for Reconsideration and/ or Reitwestigation are mere it1terlocutory orders, and thus, are not proper subject of an appeal.ll On August 28, 2006, U1e Court Ell Bane promulgated a Resolution, denyit1g due course, and accordit1gly, dismissit1g the Petition for Review filed by the accused by registered mail on June 16, 2006.12 On August 26, 2008, the Supreme Court issued a Decision, denyit1g the Petition for Review on Certiorari filed by l:he accused, ruling l:hal: l:he Coud siH-ing EH Balle did nor err in denyit1g her Motion for Extension of Time to File Petition for Review.13 '! 8 /d., at pp. 274-279. 9 Id., at pp. 334-341. See also Resolution dated July 6, 2006; Recor�ds, pp. 454-456. to hi., at p. 350. 1t /d., at pp. 393-396. 12 Id., at pp. 858-866. 13 ld., at pp. 1606-1632.

..' DECISION O"A CRIM. CASE NO. 0-012 After the prosecution had presented and offered its evidence,14 the Court in a Resolution dated July 6, 2009,15 denied the Demurrer to Evidence filed by the accused on February 16, 2009 for lack of merit. The Court, likewise, denied the Motion for Reconsideration filed on July 21, 2009.16 On January 12, 2010, the Court, in view of CTA Administrative Circular No. 01-2010, enL-itled "ImplemeHtiHg the Fully Expauded Membership ill the Court of Tax Appeals," dated January 5, 2010, transferred lhe case to the Third Division of the CourtP Following the presentation and offer of evidence for the accusecl,lB on March 23, 2012, considering the Memorandum filed by the accused by registered mail on January 4, 2012, the Memorandum filed by the prosecution on January 13, 2012, and the Defense's Reply Memorandum filed on February 1, 2012, the case was submitted for decision.19 On AprillO, 2012, the prosecution also filed a Comment (Defense's Reply Memorandum). Hence, this Decision. Evideuce for the Prosecutiou The prosecution presented documentary evidence marked as Exhibits "A" to "II," with submarkings; and fourteen (14) witnesses, namely: Roderick Abaci, Beatriz Peliflo, Alex Perez, Ma. Theresa Santiago, Beverly Fernandez, Manuel del 14/rf., at pp. 1983-1984; Resolution dated February 9, 2009. t5Jd., at pp. 2083-2133. 16 /rf., at pp. 2184-2199; Resolution dated September 10, 2009. 17 Jd., at p. 2278. 18 /d., at pp. 2763-2764; Resolution dated November 10, 2011. 19 ld., at pp . 3020-3021.

DECISION GA CRIM. CASE NO. 0 -012 Barrio, Luz Veras, Analisa Espiritu, Arlene Magdamit, Stimson Cmeg, Julie Atme Benitez, Renila Pugay, Elia Dimayuga, and Teresita Fuenles. The prosecution submitted the Atu1Ual lncom.e Tax Return (BIR Form No. 1701) for the taxable year 2002, filed on April15, 2003.2U The return shows the name of accused, wiU1 a signature above the printed name,2l and U1e following fig4res: Gross Taxaule Professiollal lllcome - P8,033,332.70;22 Total Taxable lllcome - ~,941,220.87;23 Tax Due - 121,546,190.68;24 Creditable Tax Withheld Per BIR Form No. 2307 for tl1e 4tl� Quarter - P1,543,333.23;25 and Total Payable - P2,857.45. 26 The Independent Auditor's Report, signed by Conchita P. Padua, dated April 11, 2003, was likewise submi.tted.27 Also, the prosecution proffered the following pieces of documentary evidence�, illler alia: 1) Certificate of Creditable Tax Withheld at Somce (BIR Form No. 2307) for the period covering January 1, 2002 to March 31, 2002, issued by ABS- CBN Broadcasting Corporation to the accused, wiUt the following figures: Alllowlt of JHcome Paymellts - ~1,955,555.30, and Tax Withheld fvr Quarler- P327,777.73.2B 2o Exhibit "A ." 21 Ex/ribil "A -12." 22 Ex/ribit "A -4." 23 Exhibit "A -5." 24 Exhibit "A -6. " 25 Exlribit "A -7." 26 Exhibit "A -8." 27 Exhibits "A -13 " to "A -15." 2B Exhibits "A -16" lo "A -21 ."

DECISION CfA CRIM. CASE NO. 0-012 2) Cerllficate of Creditable Tax Withheld at Source (BIR Fonn No. 2307) for the period covering April 1, 2002 to June 30, 2002, issued by ABS-CBN Broadcasting Corporation to the accused, with U1e following figures: Amoullt of lHcome PaymeHts - P2,594,444.25, and Tax Witltlteld for the Quarter- P518,888.85.29 3) Certificate of Ct�editable Tax Withheld at Source (BIR Form No. 2307) for the period covering July 1, 2002 to September 30, 2002, issued by ABS- CBN Broadcasting Corporation to the accused, with the following figures: Amoullt of llrcome Payments - I23,127,777.55, and Tax Withheld for the. Quarter- P625,555.51.30 4) Cerl:ificate of Creditable Tax Withheld at Source (BIR Fonn No. 2307) for the period covering October 1, 2002 to December 31, 2002, issued by ABS- CBN Broadcasting Corporation to the accused, with the following figures: Amount of lHcome PaymeHts - F355,555.60, and Tax Withheld for the Quarter - !471,111.12.31 5) Recapitulation of Gross Income/Computation of Deficiency Income Tax of the accused, for the year ended December 31, 2002, signed by Revenue Officers Roderick Abad, Stimson Cureg, Vilma Caronan, and noted by Group Supervisor Teodora Furino, with the following figures: Tulal TaleHt 29 Exhibits "A-22" to "A-27." 30 Exlribifs "A -28" to "A-33." 31 Exlribils "A -34" to "A-39. "

I I DECISION crA CRIM. CASE NO. 0-012 Fee - Pl6,396,234.70; Total Per Relum - P8,033,332.70; Total Oiffere/lce - P8,362,902.00; and Total % UHdeclared - 104.10%.32 6) Certification issued by Chief, Large Taxpayers Document Processing and Qualily Assurance Division, Beatriz S. Peli.fio, dated April 28, 2005, with the following figures for the year 2002: lltcome PaymeHt - ,I;Zl1,055,554.70, and Withholding- P2,147,777.63.33 7) Letter of Authorily No. 2001-00012434, dated Aprilll, 2005, with attached Letter addressed to accused.34 8) Certification dated April 26, 2005, issued by the President of Viva Productions, Inc., Teresita Cruz, with the following figures for the year 2002: Professional Fee- P2,925,000.00.35 9) Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) for the period covering January 1, 2002 to December 31, 2002, issued by Viva Productions, lnc., to the accused, with the following figures: Amount of l11 come Paymellts - P2,925,000.00, and Tax Withheld for tiLe Quarter - F585,000.00.36 10) Viva Productions, Inc., Alphalist of Payees Subject to Wilhholding Tax for the year 2002, with the following figures : Amowtt of [l! come Payment - P2,925,000.00, and Amowtt of Tax Withheld- P585,000.00.37 32 Exhibits "B" to "B-3." 33 Ex/ri/;ils "C'' to "C-4." 34 Exl!i/;its "E" to "E-5." 35 Exl!i/;its " F" to " F-2." 36 Exhibits "G" to "G-5." 37 Ex!Jibils "G- 6" to "G-8."

DECISION CfA CRIM. CASE NO. 0 -012 11) Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) for the period covering January 1, 2002 to December 31, 2002, issued by Star Cinema Productions, Inc., to the accused, with the following figures: Amoullt of !Ileame Paymwts - !1815,680.00, and Tax Withheld for the Qllarter - F81,568.00.38 12) Star Cinema Productions, Inc., Alphalist of Taxes Withheld for the year 2002, with the following figures: Gross - P815,680.00; and 1Nil/rlwldillg - J;!81,568 .00 .39 13) Metnorandum dated May 17, 2005, addressed to the Conunissioner of U1e Bureau of Internal Revenue.40 14) Joint Affidavit of Roderick A bad, Stimson Cmeg, Vilma Caronan, R.hodora Delos Reyes and Teoclora Furino, dated May 19, 2005.41 15) Reconunendation for crimirtal prosecution and/ or filing of Information, dated May 19, 2005, issued by then Commissioner of Internal Revenue, Guillermo Parayno, Jr., addressed to then Secretary of Justice, Raul Gonzales. 42 16) Certificate of Creditable Tax Withheld at Source (BlR Form No. 2307) for the period covering January 1, 2002 to December 31, 2002, issued by Regal Entertaimnent, Inc., to the accused, with the following figures: Amowrt of 38 Exltibils "H" to " H-7." 39 Exltibils "/" to "1-3." 40 Exltibils "!"to "f-8." 41 Exhibits " K" to " K-6." 42 Exhibits " L" to " L-3."

DECISION CTA CRIM. CASE NO. 0 -012 lllcome Payments - ~100,000.00, and Tax Withheld for lite Quarter - ~10,000.00.43 17) Agreement betwee1i Century Camting Corporation and accused, et al., daled April2002.44 18) Reply-Affidavit and Supplemental Affidavit of Roderick Abad, Stimson Cureg, Vilina Caronan, Rhodora Delos Reyes and Teodora Purino, dated July 21, 2005.45 19) Letter dated March 23, 2006, issued by the Chief, National Investigation Division, Arnel SD. Guballa to the accused.46 20) Notice of Informal Confet�ence dated September 18, 2006, issued by the Chief, National Investigation Division, Arnel SD. Guballa to the accusecl.47 21) Certification issued by AVP, Finance - Conhollership, Esperanza P. Annonia, dated April25, 2007, with attached Schedule/Breakdown of the talent fees/ salaries/honorarium/compensation/ remw1eration paid to the l accused by ABS-CBN Broadcasting Corporation for taxable year 2002, with the following figures: Total Amowll - ~11,055,555.09, and Withholding Tax- IJ2,147,777.69.48 43 Exllibils "N" to "N-6." � Exltibils "0" to "0 -9." 45 Exhibits "P " to "P-8." 46 Exhibits "R" to "R-4." ~7 Exlribils "S" to "S-5." 48 Exhibits " V" to " V-3."

DECISION erA CRIM. CASE NO. 0-012 22) ABS-CBN Broadcasting Corporation Alphalist 2002, with the following figures: Amount Received - Pl1,055,554.70, and Witltltoldillg Tax - P2,147,777.63.49 23) Certification issued by AVP, Finance - ConlTollership, Esperanza P. Armon.ia, dated April25, 2007, with attached Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) for the period covering January 1, 2002 lo December 31, 2002, issued by ABS-CBN Broadcasting Corporation to the accused, with the following figures: A11wtmt of brcame Paymellts - P10,066,666.00, and Tax Withheld for the Quarter - P2,013,333.2o.so 24) Letter dated May 22, 2007, issued by Viva Productions, Inc., President, Teresita R. Cruz, authorizing Chief Accountant, Arlene .Magdamit to bring the requested documents and testify thereto.51 25) Viva Productions, Inc., Payment Details of the accused for the year 2002, with the following figures: Gross AlllowLl- P2,925,000.00, and Witlzlzoldillg Tax- ~585,000.00.52 26) Agreement between ABS-CBN Broadcasting Corpora lion and accused, et al.53 49 Exhibits "IN ' to " IN-2." 5o Exhibits "X" to "X-3." 51 Exllibil "Y." 52 Exhibits "Z " to "Z-24." 53 Exhibits "AA" to "AA-2."

,, DECISION CfA CRJM. CASE NO. 0 -012 27) Agree1nent between ABS-CBN Broadcasting Corporation and accused, el al., dated May 21, 2002.54 28) Contract between Star Cinema Productions and accused, et al., dated October 28, 1998.55 29) Preliminary Assessment Notice dated September 25, 2007.56 30) Formal Letter of Demand dated January 14, 2008, with Assessment Notice dated January 15, 2008.57 31) LeHer dated November 16, 2007, issued by the cow1sel of accused to ACIR, Enforcement Service, Celia A. King, requesting for an informal conference regarding the Preliminary Assessment Notice dated Seplem.ber 25, 2007.58 Furtl1er, the prosecution presented tl1e following testimonial evidence hom fourteen (14) wih1esses, lo wit: 1) Roderick Abad- Revenue Officer under the National Investigation Division of tl1e Bureau of Internal Revenue ("BIR") . He is one of lhe members of the leam who conducted U1e investigation on the tax liability of the accused pursuant to Letter of Authority No. 00012434 dated April 11, 2005. He testified tl1at he had examined, among others, the Atmual 2 "'''''"':~~~~~e":ax" of U1e accused, Auditor's Report signed by Ms. Conchita ~ 55 Exlribils "CC" to "CC-2." 56 Exhibits "DO" to "DD-2." 57 Exhibits " EE " to "EE-2." 58 Ex/Jibil " FF."

DECISION CfA CIUM. CASE NO. 0-012 Padua, Balance Sheet, Income Statement, Certificates of Creditable Tax Withheld at Source, all for the taxable year 2002. He pointed out that based on the Ammal Income Tax Return for the year 2002, and Certificates of Credilable Tax WiUtheld issued by ABS- CBN Broadcasting Corporation, the income reflected . is in the total amount of rnerely P8,033,332.70, with creditable tax withheld .in the amount of lll,543,333,23; however, (a) in the Certification issued by the Chief of the Large Taxpayers Document Processing and Quality Assurance Division of the BIR, Ms. Beatriz Peliil.o, the income received by accused from ABS-CBN Broadcasting Corporation for year 2002, is in the anwunt of Pll,055,554.70, with creditable tax withheld in the am.ount of P2,147,777.63; while, (b) in the Certification issued by Viva Production, Inc., and Certificate of Creditable Tax Withheld at Source issued by Lhe same, the income received by accused from January 2002 to December 2002, is in the total amount of P2,925,000.00, with creditable tax withheld in the amount of ~585,000.00; and (c) in the Certificate of Creditable Tax Witiuteld at Source issued by Star Cinema Productions, Inc., and Alphalist of Taxes WiUtheld for the year 2002, the total amotmt of income received by accused is P815,680.00, with creditable tax withheld in the amount of P81,568.00. Further, Lhat: (a) in Lhe Agreement between accused and Cenh.uy Camung Corporalion, the former received the amount of 1'1,500,000.00 fm� taxable year 2002; and (b) in the Certificate o~

,, DECISION GA CRIM. CASE NO. 0 -012 Creditable Tax Withheld at Source issued by Regal Entertai.runent, Inc., for taxable year 2002, accused received the am.ount of .PlOO,OO.OO, with creditable tax withheld in the amotmt of ,J;ZlO,OUO.OO. On cross-examination, he admitted U1at U1ere is yet a Final Assessment Notice from the time the case against the accused was filed to U1e Court and as of the time of his testimony, and that he has no personal knowledge of whether the earlier mentioned corporations were able to furnish the accused wiU1. copies of her Certificates of Creditable Tax � Withheld at Source, and of the extent of participation of the accused in U1e preparation of her Financial Statements for the year 2002. 2) Beatriz Peli1io - Division Chief of the Large Taxpayers Document Processing and Quality Assurance Division under the Large Taxpayers Service of the BlR. She testified that upon receipt of a Letter dated April 18, 2005 from Assistant Commissioner of the Enforcement Services, Celia C. King, she issued a Certification on the income received by the accused, as well as the corresponding creditable ~ax wilhheld by ABS-CBN Broadcasting Corporation for the taxable year 2002, based on the data of her office. On cross-examination, she admitted that the Certification is based on U1e print-out generated by the computer-based electronic submission of ABS-CBN Broadcasting Corporation, and U1at she has no person}

. ,, DECISION crA CRIM. CASE NO. 0 -012 knowledge of whether the accused received the amount indicated in her Certification. 3) Alex Perez - Section Chief of the Data Process.iJ.1g Section of Revenue District Office No. 39, South, Quezon Cily of the BIR. He testified that upon presentation of Revenue DislTict Officer, Clavel.iJ.1a Nakar, of Revenue Distdct Office No. 39, of a Letter issued by Assistant Conunissioner - Enforcement Service, Celia C. K.iJ.1g, he certified the machine copy of the Income Tax Return for the year 2002 of the accused, as well as, the Independent Auditor's Report, Balance Sheet, Certificates of Creditable Tax Withheld at Source, and U1e Income Tax Statement. On cross-examination, he admitted that he is n1erely U1e custodian of the documents that he had certified, and that he cam10t make a cletennlnation whether the taxpayer is guilty of fraud .iJ.1 the payment or in the declarations made .iJ.1 her Income Tax Return. 4) lvla. Theresa Scmliago - Comptroller of Viva Productions, Inc. Under U1e instruction and authority of the President of Viva Productions, Inc., Teresita R. Cruz, she testified that she had certified the machine copy of the corporation's Alphalist of Payees Subject to WiUu10ld.iJ.1g Tax for the year 2002, and the Certificate of Creditable Tax Withheld at Source for taxable year 2002; U1at the name of the accused is .iJ.1cluded .iJ.1 the said Alphalist of Payees Subject lo Withholding Tax for U1e year 2002; and that the accu,ed earned, ., a pmle,ional entertainer, the amount o~

DECISION CfA CRIM. CASE NO. 0-01;1 P2,925,000.00, witi1 withholding tax in the amow1t of P585,000.00, for the subject year. On cross-examination, she admitted ti1at she was not yet the Comptroller of the corporation during ti1e year 2002, and that she has no personal knowledge of whether ti1e accused was furnished witi1 a copy of the Certificate of C1�editable Tax Witiu1eld at Source for ti1e taxable year 2002. 5) Beverly Femmrdez - Assistant Vice President and Chief Finance Officer of ABS-CBN Broadcasting Corpmation. She affirmed that for the taxable year 2002, included in the Alphalist is the name of ti1e accused; ti1at for the second hall of ti1e taxable year 2002, the accused received a total amow1t of P815,680.00, from which len percent (10%) was willu1eld in the amount of P81,568.00. On cross-examination, she admitted that despite being the signatory to all ti1e checks issued to ti1e accused, the actual receipt of the checks is being handled by the company cashier; ami considering that the corporation only maintains the records for five (5) years, she cam1ot confirm who received and encashed ti1e checks issued to ti1e accused. 6) Malluel del Barrio - Group Controller of Century Catming Corporation. He affirmed that he certified a copy of an Agreement entered into by the accused, her Manager Alfie LOJenzo, Ute Booking Agent joe Barramedf

DECISION CfA CRUvl. CASE NO. 0-012 with the corpmation's Markeling Representative Ayeth Evangelista, for and in consideration of U1e amount of P1,500,000.00 net of taxes. On cross-exam.inalion, he admilted that he had no hand in the negotiation and preparation of the Agreement, and that he was not even present when U1e parties affixed U1eir signatmes U1ereto. He pointed out that albeit he is one of the signatories in the checks, the same were issued Uuough Mr. Alfie Lorenzo; that the total amount of the Agreement is P1,800,000.00, i.e. , P300,000.00 represents the tax, and the P1,500,000.00 is for U1e accused; that U1e payor in the Agreement is not Century Catming Corporalion, but Columbus Seafoods Corporation; and that he did not prepare the Certificate of Creditable Tax WiHtheld at Source, issued in the nam.e of Alfie Lorenzo, and not to the accused . 7) Luz Veras -Assistant to the Owner and Producer of Regal Entertaimnent, Inc., Mrs. Lily Monteverde. She testified that she was told by her principal Lo pay the accused, the amount of PlOO,OOO.OO, as talent fee for the year 2002, and U1at she had signed, upon the instruction of her principal, a Certificate of Creditable Tax Withheld at Source issued to the accused. On cross-examination, she admitted that while she has personal knowledge that U1e accused received a copy of the Certificate of Creditable Tax Withheld at Source, she cam10t remember the chcumstances when the accused had personally received the same, o~

DECISION C l'A CRIM. CASE NO. 0 -012 whether it was her or other employee who gave a copy of the said Certificate to the accused, or whether she was the one who handed the check to the accused . 8) Analisa Espiritu - Director for Finance and Accounting Setvices of ABS- CBN Broadcasting Corporation; she appeared to represent Ms. Esperanza Armon.ia, Assistant Vice-President for Finance for ABS-CBN Broadcasting Corporation. She stated that during the year 2002, she was the Senior Manager for Accounts Payable. She test-ified, iHler alia: (a) that based on the Schedule/Breakdown of Talent Fees, Salaries, Honorarium, Compensation and Remw1eralion paid to the accused by ABS-CBN Broadcasting Corporation for taxable year 2002, of which she signed for Ms. Annon.ia, accused received a total of P11,055,554.70; (b) U1at based on U1e Alphalist for 2002 of the corporation, accused was paid the amount of P11,055,554.70, with a wilhholding tax of P2,147,777.62; and (c) that based on U1e Certificate of Creditable Tax WiU1held at Source of the accused for year 2002, of which she signeJ for .Ms. Armonia, accused received a total of Pll,055,554.70, with total tax withheld of P2,147,777.63. On cross- examination, she admitted that her department only processes the payments to be made; that the approved vouchers are f endorsed to the TreasUiy Department, who prints the checks; and that U1e same are forwarded to the Cashier for release, thus, albeit the checks are

.' DECISION CfA CRIM. CASE NO. 0-012 Pnge 18 of 46 issued in the name of the accused, she has no personal knowledge of whether the accused personally received the income. 9) Arle11e Marie lvlagdamit - Chief Accountant of Viva Productions, lnc.; she was authorized to appear for the corporation by Ms. Teresita R. Cruz, President of the corporal-ion. She testified that she prepared a Schedule of Payments made by the corporation in favor of the accused for the year 2002, which was also signed by Ms. Ma. Theresa Santiago, Controller of the smne corporal-ion, and that based on the said schedule and the nineteen (19) checks issued to accused, she received the total amount of P2,925,000.00, with the amount of P585,000.00 as the twenly percent (20%) withholding tax. Howeve1�, she was able to reproduce only eleven (11) microfilm copies out of the nineteen (19) checks issued lo the accused. She also testified that she. prepared the Certificate of Creditable Tax Withheld at Source of the accused, which was signed by her superior, Maria Theresa Santiago, Conh�oller of the corporation. On cross-examu1.ation, she admitted that she has no personal knowledge of whether accused personally received the checks and copies of the Certificate of Creditable Tax Withheld at Source. 10) Stimso1L Cureg - Revenue Officer III of the Nationallnvesligalion Division of the BUt He lestified, among others: that he directly participated in the f tax audit and investigation of the case against the accused covering the year 2003 and prior years; that alter audit, his group found a tax

�, DECISION crA CIUM. CASE NO. 0 -012 deficiency on income tax for ti1e year 2002; that his group served a Preliminary Assessment Notice for deficiency taxes in the amount of ro,333,000.00 against the accused, which was received by Ms. Sabina Quintana on November 13, 2007; lhat the requested conference by ti1e counsel of accused did not push tiuough; and that as a result, his group prepared and served the Final Assessment Notice for deficiency taxes in ti1e amount of 123,418,034.00, which was received by Ana Magtanob. On cross-examination, he admitted that upon receipt of the letter of the courisel for ti1e accused, his group did not commwucate with the counsel for the meeli.ng. 11) Julie An11 Benitez - Producli.on Director of ABS-CBN Broadcasting Corporation. She identified ti1e conl1:acts entered into by the accused with the corporation for taxable year 2002. She testified that she was present when the parties to the conlract affixed their respective signatures, namely: the accused, Mr. Enrico Santos, and Ms. Socorro Vidanes. She also testified that based on the contracts, accused is to receive as follows: PSO,OOO.OO net; !240,000.00 net; and F70,000.00 net per day. 12) Rwila Pugay- Cashier in ABS-CBN Broadcasting Corporation. She stated ti1at during ti1e year 2002, she was the Treasury Assistant of the corporation. She testified that for the period covering January to August 10, 2002, U�e cmporalion issued Union Bank and Manager's Check to the~

'� DECISION o �A CIUM. CASE NO. 0 -012 accused, while for August 25 onwards, the corporation issued Security Bank checks to the accused, and that, while the checks were claimed by a representative of the accused, the authorization letters were already shredded as the corporation only retain their records for three (3) years. On cross-examination, she admitted that, albeit she was U1e one who handed the checks to the representative of the accused, she had no knowledge on the amount indicated in the checks, and after the same � were claimed by the representative. 13) Elia Dimayuga- Accounts Payable Supervisor of Star Cinema Productions, Inc.; she appeared in behall of lhe Chief Finance Officer, Beverly Fernandez. She stated that the corporation cam1ot produce the checks issued to the accused, as required by the Subpoena, for the san1e had already been disposed after the corporation has secured a tax clearance from BIR in May 2005. 14) Teresita Fuentes - Head of Production of Star Cinema Productions, Inc.; she appeared to represent the Managing Director of Star Cinema Productions, Inc., Malou Santos. She identified the conlTact entered into by lhe accused wiU1 the corporation, as well as, the signatures of Malou Sanlos and of the accused. She lestified that based on the checks issued, accused received P800,000.00 for the year 2002.

'� DECISION CfA CRIM. CASE NO. 0 -012 On cross-examination, she admitted that she has no participation in the preparation of the checks, and has no personal knowledge of whether accused personally received the same. Upon clarification, she admitted that she was not present when the parties executed the contract. Evideuce for Ore Defeuse On the other hand, the defense presented documentary evidence marked as Exhibits "5" lo "9"; and two (2) witnesses: the accused herself and Conchita Padua. The documentary exhibits are as follows: 1) Preliminary Assessment Notice dated September 25, 2007, for deficiency income lax for calendar year 2002, in the aggregate amount of P3,333,490.74, addressed to the accused, signed by ACIR, Enforcement Service, Celia C. King, and received by Sabina Quintana on November 13, 2007, wilh attached Details of Discrepancies.59 2) Formal Letter of Demand dated January 14, 2008, for deficiency income tax for the year ending December 31, 2002, in the aggregate amount of P3,418,034.78, addressed to the accused, signed by ACIR, Enforcement Service, Celia C. King, and received by Ana T. Magtanob on January 15, 2008, with attached Details of Discrepancies and Assessment Notices.60~ � 59 Exlribi Is "5, " "5-a" and "5-b." 60 Exhibits "6," "6-a" a11d "6-IJ. "

DECISION ITA CRlM. CASE NO. 0-012 3) Counter-Affidavit with Counter-Charge of the accused dated July 7, 2005.61 4) Rejoinder-Affidavit of the accused dated August 3, 2005.62 5) Independent Auditor's Report dated Aprilll, 2003.63 6) Balance Sheet dated December 31, 2002.64 The defe11se also offered the following testimonies from its two (2) witnesses, to wit: 1) Accused Judy Alllte Sa11tos - Movie actress, celebrity endorser and showbiz personality. She testified that she started in the industry at a young age of eight (8) years old in 1986; that, at the age of twelve (12), she had engaged the services of .Mr. Alfonso Lorenzo, as her Manager, thus, she has entrusted all her transactions, i.e., contract negotiations, conh�act signing, handling of fees, elc., to him, who at the time was also the manager of her older brother, Jeffrey Santos, likewise, an actor. She admitted, however, . the absence of a written conlTact on the engagement of her Manager, out of trust and confidence to the laHer, whom she considered a member of her family. She testified as well that out of that trust and confidence on her Manager, she had signed conlTacts without reading the same, since her Manager assured her that he already made a read through of it. She testified further that in the handling of fees, the checks were some~es/) 61 Exllibils "7" ami ''7-a." :{ 62 Exlribils "8" and "8-n. " 63 Exhibits "9 " and "9-a." 64 Exlribil "9-b."

DECISION crA CRIM. CASE NO. 0-012 issued in her name, but most of the time, the same were issued in the name of her Manager, and that it was her Manager who received the same on her behalf, with the understanding that her Manager is entitled to a portion of her fees as his commission. With the above set-up, she claims that she has no knowledge of how much she was earning per project. She denied the allegations on the Information against her that she willfully filed a false and fraudulent Income Tax Return for the taxable year 2002. She also denied having received any BIR Forms No. 2307 issued to her, nor made aware of the issuance of the same. She further denied the signature appearing on top of the name "Judy Anne Santos" in the Income Tax Return for taxable year 2002, presented by the prosecution. She counters that since she started working, it is her Manager who is in charge of filing the relevant returns and paying the corresponding taxes, which makes her Manager the custodian of her records. She testified further that her Manager hired an accountant, Ms. Conchita Padua, for the preparation of her Financial Statements and Income Tax Returns. On cross-examination, she admitted the signatures appearing in the Counter-Affidavit with Counter-Charge dated July 7, 2005, and Rejoinder-Affidavit dated August 3, 2005, as well as, those appearing on the contracts presented by the prosecution. However, she claims that she f

DECISION CTA CRIM. CASE NO. 0 -012 was never given a chance by her Manager and her then counsel to read the contents of the affidavits, and that she really intends to settle the case were it not for the opposition against the settlement by her Manager and then counsel. 2) Cullchila Padua - Certified Public Accountant. She stated that she was the external auditor of the accused for taxable year 2002. She tesli.fiecl that the Financial Statement was based on the Balance Sheet and Income Statement provided by ti1e Manager of the accused, as well as the value- added tax returns, Income Tax Return for year 2002, quarterly tax return, schedule of input taxes and creditable tax cerillicates, and that the Audited Financial Statement was also submitted to ti1e Manager. On cross-exatni.nalion, she stated that she was hired as an external auditor by a representative of the Manager of the accused. She admitted tl1at she did not verify from third part-ies the actual income earned by tl1e accused, nor exanline ti1e sourced documents, e.g., conhacts, ancltnerely relied on the creditable lax cerHficales provided by the Manager of the accused. She also admitted that despite she signed an engagement letter for her appoint-ment, the same was already shredded considering the lapse of five (5) years, and tl1at she cam10t recall the representative of the Manager of tl1e accused, whom she discussed to before finalizing the Financial Statement. She UenieU tl1at she prepared the Income Tax Retun~ of the accused.

'' DECISION CfA CRIM. CASE NO. 0-012 ISSUE From the foregoing, the Court is now confronted with the lone issue of: WHETHER OR NOT THE ACCUSED MAY BE HELD LIABLE FOR VIOLATION OF SECflON 255 OF THE 1997 NATIONAL INTERNAL REVENUE CODE, AS AMENDED. RULING OF THE COURT In the lnfonnalion, the accused is charged for filing a false and fraudulent Income Tax Return ("lTR") for taxable year 2002, for her failure to supply correct and accurate information, which resulted to an income tax deficiency in the amount of ~1,395,116 .24, excluding interest and penalties thereon in the amount of +Zl,319,500.94, or in the aggregate incon1.e tax deficiency of P2,714,617.18. With this, Section 255 of U1.e 1997 National Internal Revenue Code ("NIRC"), as amended, specifically provides as follows: SEC. 255. Failure to File Retum, Supply Correct alld Accurate I11Jvrmation, Pay Tax, Withhold and Remit Tax mrd Reftmd Excess Taxes Withheld OIL Co mpensation. - Any person required under this Code or by rules and regulations promulgated therew1der to pay any tax, make a return, keep any record, or supply correct and accurate information, who willfully fails to pay such tax, make such return, keep such record, or supply conect and accurate information, or withhold and remit taxes withheld, or refund excess taxes withheld on compensation, at the time or times required by law or rules and regulations shall, in addition to other penalties provided by law, upon conviction U1ereof, be punished by a fine of not less than Ten Uwusand pesos (~10,000) and suffer imprisonment of not less than one (1) year but not more than ten (10) years. XXX XXX XXX The afore-quoted provision enumerates the following offenses, viz.:

'.'. DECISION CfA CRIM. CASE NO. 0 -012 a. Willful failure to pay tax; b. Willful failure to make a return; c. Willfulfailure to keep any record; d. Willful failure to supply correct and accurate information; e. Willful failure to withhold or remit taxes withheld; or f. Willful failme to refund excess taxes withheld on compensation. One of the offenses above-enumerated is willful failure to supply correct and accurate infonnation, which is being ath"ibuted to the accused. And in accordance with the earlier-quoted Section 255, the essential elements of the said offense are as follows: 1) That a person is required to supply correct and accurate information; 2) That there is failure to supply correct and accurate information at the time or times required by law or rules and regulations; and 3) That such failure Lo supply correct and accurate information is clone willfully. Required to Supply Correcl" alld Accurate Itiformatiall Seclion 51 of the 1997 NIRC, as amended, mandates, as follows: SEC. 51. llldiuidwzl Retunt. - (A) RequiremeHts. - (1) Except as provided in paragraph (2) of this Subsection, the following individuals are required to file an income tax return: j (a) Every Filipino citizen residing in the Philippines;

�, DECISION CfA CRIM. CASE NO. 0 -012 XXX XXX XXX (4) The income tax return shall be filed in duplicate by the . following persons: (a) A resident citizen- on his income from all sources; XXX XXX XXX (C) 'vVlze/l to File. - (1) The return of any individual specified above shall be filed on or before the fifteenth (15!1�) day of April of each year covering income for the preceding taxable year. (Boldfacillg supplied.) The above provision prescribes that every Filipino citizen residing in the Philippines is required to file an income tax return on income from all sources, on or befme the fifteenth (15th) day of April of each year, covering the income for the preceding taxable year. Also, Section 2.57(B) of Revenue Regulations No. 2-98,65 dated April17, 1998, further pwvides, as follows: SECTION 2.57. Willzlwlditzg of Tax at Source XXX XXX XXX (B) Creditable Withholdi11g Tax. - Under the creditable wiUtholding tax system, taxes witi1held on certain income payments are intended to equal or at least approximate the tax due of the payee on said income. The income recipient is still required to file an income tax return, as prescribed in Sec. 51 and Sec. 52 of the NIRC, as amended, to report the income and/or pay the difference between the tax withheld and the tax clue on the income. Taxes wiUtheld on income payments covered by the 65lmplementing Republic Act No. 8424, "An Act Amendiltg The National Internal Revenue Code, as Amended," I Relative to the Withholding on Income Subject to the Exprutded Withhokl.ing Tax aml Final Withholding Tax, WiUtholding of Income Tax on Compensation, WiUtholding or Creditable Value-Added Tax and Other ~� Percentage Taxes.

. ', DECISION CfA CRIM. CASE NO. 0 -012 expanded withholding tax (referred to in Sec. 2.57.2 of these regulations) and compensalion income (referred to in Sec. 2.78 also of U1ese regulations) are creditable in nature. (Bvldfizcillg supplied.) And in relation to the above-quoted provisions, among those requhed to be performed under Sedion 255 of U1e same Code, is to supply correct and accurate information on U1e return. Thus, read togeU1er, every Filipino citizen residing in the Philippines is requil"ed not only to file an income tax return on income ho~n all sources, on or before the fifteenth (15th) day of April of each year, covering the incom.e for the preceding taxable year, but also to supply conect and accurate information thereof. Further, even under Lhe creditable tax system, the income recipient is still required to file an income tax return, and to report the income and/ or pay the difference between the tax withheld and the tax due on the income. Based on the records of the case, the accusedtmequivocally admitted that as early as eight (8) years old, she entered the enterlaimnent induslTy, and that at present is an established movie actress, celebrity endorser and showbiz personality. Further, for the subject taxable year 2002, she admitted that she entered into conlTacts for her engagement as a professional entertainer, movie actress and product endorser. Furthermore, there is no dispute that she is a resident Filipino ;::,::~:::::us, accused is required to file an income tax return for all her inco:;

DECISION CfA CIUM. CASE NO. 0 -012 The prosecution then presented the AmmallTR (BIR Form No. 1701) of the accused for the taxable year 2002, filed on April 15, 2003,66 with the following figures: Gross Taxable ProfessioHal l11come - !18,033,332.70;67 Total Taxable I11come - P4,941,220.87;6B Tax Due - P1,546,190.68;69 Creditable Tax Withheld Per BIR Form No. 2307 for the 4'11 Quarter - Pl,543,333.23;70 and Total Payable - 122,857.45.71 Likewise, attached to the lTR is the Independent Auditor's Report, signed by Conchita P. Padua, dated Aprilll, 2003.72 Likewise, the prosecution offered the following Certificates of Creditable Tax Withheld at Source (BIR Form No. 2307) issued by ABS-CBN Broadcasting Corporation to the accused, with the following details, to wit: EXHIBIT PERIOD COVERED AMOUNT OF TAX WITHHELD INCOME FOR THE "A-16" to "A-21" January 1 to March 31,2002 "A-22" to "A-27" Aprill to June 30, 2002 PAYMENTS QUARTERS "A-28" to "A-33" I!1,955,555.30 I!327,777.73 "A-34" to "A-39" July 1 to September 30, 2002 P2,594,444.25 P518,888.85 October 1 lo December 31,2002 ro,127,777.55 P625,555.51 TOTAL P355,555.60 P71,111 .12 PB,033,332.70 Pl,543,333.21 A compal'ison of the ITR of the accused and the Certificates of Creditable Tax Withh.eld at Source issued by ABS-CBN Broadcasting Corporation, shows U1at the I amounts of income payments tallied from both said documents, while the amount of >axes wiU>.held has a difference of O.o2 centavos, due to rounding off. 66 Exhibit "A ." 67 Exlribil "A -4." 68 Exlribit "A -5." 69 Exlribit "A-G." 70 Exlribil "A-7." 71 Exlribil "A -8." 72 Exlribils "A-13" to "A-15."

DECISION CTA CRIM. CASE NO. 0 -012 From the foregoing, the prosecution was able to prove that the accused, earning her professional income as an entertainer is required to file an i11con1e tax return, as she did, and that accused apparently supplied conect and accurate htfonnation thereof. Failure t-o Supply Correct- alld Accurat�e I1tformat-iott at- t-ILe Time Required by Law To reiterate, Section 51(C) of ti1e 1997 NlRC, as amended, prescribes that every Filipi11o citizen residi11g i11 the Philippit1es is required to file an income tax rehun on i11come fr01n all sources, on or before the fifteenth (lSLI�) day of April of each year, covet�it1g the i11come for the preceding taxable year. As earlier discussed, ti1e prosecution presented ti1e Ammal ITR (BIR Form No. 1701) of tl1e accused for taxable year 2002, filed on Aprill5, 2003, tlms, showhtg that the accused had i11deed filed her ITR at tl1e ti.tne t�equired by law. Further, apparent from a plai.t1 observation of the ITR for tl-te taxable year 2002 as against 't11e Cerlificales of Credilable Tax Witiu1eld at Source issued by ABS-CBN Broadcasti.t1g Corporation, demonstrates tl1e same amounls of Laxable i11come and taxes wit!Uteld. Nonetheless, the prosecution presented bolh documentary and testimonial evidence proving as follows: a. UIUleclared Income (rom ABS-CBN Broadcasting Corporation

.. DECISION CTA CIUM. CASE NO. 0-012 Based on the Certification issued by Chief, Large Taxpayers Document Processing and Quality Assurance Division, Beal1:iz S. Pelino, dated April 28, 2005;73 and ABS-CBN Broadcasting Corporation Alphalist 2002,74 the income payments received by the accused for the subject year amounted to P11,055,554.70, with tax withheld in the amount of ll2,147,777.63. On the other hand, based on the Certification issued by AVP, Finance - Controllership, Ezperanza P. Armonia, elated April 25, 2007, ti1e total amount received by the accused is P11,055,555.09, with withholding tax of P2,147,777.69.75 While on anotiler Certification issued by the same person on even elate, the accused received a total payment of P10,066,666.00, with tax withheld in the amount of 142,013,333.20.76 Analisa Espiritu, Director for Finance and Accounting Services of the corporation testified on the above figures: (a) that based on the Schedule/ Breakdown of Talent Fees, Salaries, Honorarium, Compensation and Remuneration paid to ti1e accused, she received a total of ll11,055,554.70; (b) that based on the Alphalist for 2002, accused was paid lhe amount of P11,055,554.70, with a withholding tax of P2,147,777.62; and (c) that based on the Certificate of Creditable Tax Witi1held at Source of the accused for year 2002, accused received a total of P11,055,554.70, with total tax withheld of P2,147,777.63. 73 Exlribils "C'' lo "C-4." 74 Exlzibils "W" to "W-2." 75Exllibils "V" to "V-3"; wiU1 attached Schedule/Breakdown of the talent fees/ salaries/ honorarium/ r compensation/ remwteration paid lo lite accused. 76 Exlzibils "X" lo "X-3"; wilh allached Cerlilicale of Creditable Tax Withheld at Source (Bill Form No. 2307) : r /) "" p�dorl '""'"'' JrumO<y 1, 20021o o~emb" 31, 2002. .

.\ DECISION CTA CRJM. CASE NO. 0-012 Likewise, Julie Am1 Benitez, Production Director of the cmpmation, identified the contracts entered into by the accused with the cmporation for taxable year 2002, and that she was present when the parties to the contract affixed their respective signatures. Further, Renila Pugay, Cashier, testified that for the period covering January to August 10, 2002, the cmporation issued Union Bank and Manager's Check to the accused, while for August 25 onwards, the corporation issued Security Bank checks to the accused, and that the checks were claimed by a representative of the accused. b. Ulldeclared lllco/lle {rolll Viva Producliolls, inc. Based on U1e Certification dated April 26, 2005, issued by U1e President of Viva Productions, Inc., Teresita Cruz/7 Certificate of Creditable Tax Withheld at Source (BIR form No 2307) for the period covering January 1, 2002 lo December 31, 2002, issued by Viva Productions, Inc.;78 Viva Productions, Inc., Alphalist of Payees Subject to Withholding Tax for the year 2002;79 and Viva Productions, Inc., Payment Details of Lhe accused for the year 2002,80 accused received income payments in the amount of ~2,925,000.00, with withholding tax of ~585,000.00. Further, Ma . Theresa Santiago, Comptroller of Ute corporation, testified that the name of the accused is included in the Alphalist of Pay ees Subject lo Withholding Tax for the year 2002; and that accused earned, as a profession~ 77 �xlribils "F" to "F-2." 7B �xlribils "G" to "G-5." i9 �xlribils "G-6" to "G-8." so Exhibits "Z" to "Z-24."

DECISION CTA CRIM. CASE NO. 0 -012 Pnge 33 of 46 entertainer, the amount of P2,925,000.00, with withholding tax in the amount of P585,000.00, for the subject year. Also, Arlene Nlarie Magclamit, Chief Accountant, testified that based on the Schedule of Payments made by the corporation in favor of U1e accused for the year 2002, and the nineteen (19) checks issued to accused, she received the total amount of P2,925,000.00, with the amount of P585,000.00 as the twenty pet�cent (20%) withholding tax. c. Ulldeclared lllcome from Star CitLema Productiolls, [He. Based on the Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) for U1e period covering January 1, 2002 to December 31, 2002, issued by Star Cinema Productions, lnc.,Sl and Star Cinema Productions, Inc., Alphalist of Taxes WiUilleld for the year 2002,82 accused received income payments of P815,680.00, with tax wiUu1eld at P81,568.00. Also, Teresita Fuentes, Head of Production, identilied the conh"act entered into by the accused with the corporation, as well as, the signatures therein, and that based on the checks issued, accused received -IJ800,000.00 for the year 2002. d. UHdeclared lllcome (rom Regal EtLlertaitLmelll, Inc. Based on the Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) for the period covering January 1, 2002 to December 31, 2002, issued by Regal I 61 Exl!ibits "H" to "H-7." 62 Exlribits "/"to "1-3."

DECISION Cl'A CIUM. CASE NO. 0-012 Entertaimnent, lnc.,83 accused received the amount of ~100,000.00, with tax withheld at P10,000.00. Also, Luz Veras, Assistant to the Owner and Producer of Regal Entertai.mnent, Inc., Mrs. Lily Monteverde, testified that she was told by her principal to pay the accused, U1e amount of I2100,000.00, as talent fee for the year 2002, and that she had signed the Certificate of Creditable Tax WiU1held at Source issued to the accused. e. U11declared l11come (rom Celllttrtl Callllillg Corporalioll Based on the Agreement between Century Camung Corporation and the accused, et czl., dated April 2002,84 U1e accused is to receive the amouti.t of Pl,500,000.00 net of taxes. Likewise, Manuel del Barrio, Gmup Contmller, testified U1at he is one of the signatories in the checks, issued tluough Mr. Alfie Lorenzo, and that the total amount of the Agreement is ~1,800,000.00, i.e., rooO,OOO.OO represents the tax, and U1e ~1,500,000.00 is for the accused, and further that U1e payor in the Agreement is not Century Camung Corporation, but Columbus Seafoods Corporation. Total Undeclared Income From the foregoing, the prosecution was able to show that from the declared Gross Taxable Professiolzal llrcome of the accused in the amount of P8,033,332.70,85 in ~ 83 Ex/ribits "N" t o "N-6." 84 Exllibils "0" lo "0-9."

DECISION ClA CRIM. CASE NO. 0 -012 her ITR for the taxable year 2002, accused also received income paym.ents from: (a) AUS-CBN Broadcasting Corporation for year 2002, in the amount of P11,055,554.70, with creditable tax withheld in the amount of Il2,147,777.63; (b) Viva Production, Inc., from January 2002 to December 2002, in the total amount of .P2,925,000.00, with creditable tax wilhheld in the amount of Il585,000.00; (c) Star Cinema Producti<:ms, Inc., for the year 2002, in amount of ~815,680.00, with creditable tax withheld in the amount of P81,568.00; (d) Colurnbus Seafoods Corporation for taxable year 2002 in the amount of P1,500,000.00, with withholding tax of F300,000.00; and (e) Regal Enlerlaimnent, Inc., for taxable year 2002, in the amount of PlOO,OOO.OO, with creditable tax withheld in the amount of P10,000.00, or in the aggregate amount of P16,396,234.70, or a gross undercleclaration of P8,362,902.00. For emphasis, every Filipino citizen residing in the Philippines is required not only to file an income tax return on income from all sources, on or before the fifteenth (15 1h) day of April of each year, covering the income for the preceding taxable year, but also to supply correct and accurate information thereof. Thus, the prosecution was able to prove the element of failure lo supply correct and accurate infonnation at the time required by law. Willful Failure to Supply Correct amt Accurate lliformatioll In the case of Commissioner of lnlemal Revenue v. The Estate of Bwigtw P. Toda, Jr., et al.,B6 the Supreme Court ruled as follows: as Exlribi! "A-4." B6 G.R. No. 147188, September 14, 2004, 438 SCRA 290.

.\ DECISION CTA CRlM. CASE NO. 0 -012 Tax evasion com1otes the integration of three factors: (1) the end to be achieved, i.e., the payment of less than that known by the taxpayer to be legally due, or the non-payment of tax when it is shown that a tax is due; (2) an accompanying state of mind which is described as being 11evil," in "bad faith," "willful," or "deliberate and not accidental"; and (3) a course of action or failure of action which is unlawful.B7 (Boldfacing supplied.) Also, in the case of Commissio11er of l11temal Revenue v. japan Air Lines, l11c., et al.,BB the High Court made the following pronouncement: The willful neglect to file the required tax return or the fraudulent intent to evade the payment of taxes, considering that the same is accompanied by legal consequences, cannot be presumed.89 The fraud contemplated by law is actual and constructive. It must be intentional fraud, consisting of deception willfully and deliberately done or resorted to in order to induce another to give up some legal right. (Boldfacing supplied.) Citing Blaclc's Law Oicliowzry, the term "willful" is defined as voluntaty and intentional,9U And in Merte11's Law of Federallllcome Taxation,91 "willful" in tax crimes statutes is defined as voluntary, intentional vio'tation of a known legal duty. Applying the foregoing in the case at bench, the element of willful failure to supply correct and accurate information must be fully established as a positive act or stale of mind; it ca1mot be presumed nor attributed to mere inadvertent or negligent acts. Based on the records of the case, the accused testified U1at as early as U1e age of twelve (12) years old, she had engaged the services of Mr. Alfonso Lorenzo, 87 De Leon, Fundamentals of Taxation, 1988 Ed., ciliug Bnller, Fraud uuder Fedeml Tnx Law, 1953 Ed. 88 G.R. No. 60714, October 4,1991, 202SCRA 450. 89 Ibid., ciliug Commissiouer of lnlemal Revenue u. Air India mrd lire Court of Tax Appeals, G.R. No. 72443, )aHuary 2:,)9 1988, 157 SCRA 648. 90 8'" Ed ., p . 1630. 91 Vol. 15, 1988 Ed., Chapter 55A, p. 76. -

.' DECISION CfA CRlM. CASE NO. 0 -01 2 without any written contract, considering that the same was also the Manager of her older brother, and that she has conside1�ed him a family member. Further, she maintains that lhe set-up of their Manager-Talent relationship is that the former shall handle all her transactions, iHter alia, conhact negotiations, contract signing, handling of fees, including the collection thereof, and that out of trust, 1�espect and confidence on her .!Ylanager, she had signed contracts upon his mere assurances, even without reading the same, and that her fees, were nwst of the tune, issued i11 the name of her .!Ylanager, who collects the same, and thus, she has no knowledge of how much she was earning per project. In addition, she denied U1e signature appeari11g on top of the name "Judy Amte Santos" i11 U1e ITR for taxable year 2002, presented by U1e prosecution, and that while she admitted the signatures appearing in the Counter-Affidavit with Counter- Charge dated July 7, 2005, and Rejoi11der-Affidavit dated August 3, 2005, as well as, U10se appearing on the conlTacts presented by the prosecution, she claims that she was never given a chance by her Manager and her then counsel to read the contents of the same. Lastly, she maintai11s her intention to settle the case were it not for the opposition against it by her Manager and Uten counsel. Her testiinony was supported by Conchita Padua, Certified Public Accountant, hired as an external auditor by a representative of the Manager of the of f accused. She testified that all the working papers were provided by the Manager the accused. i

DECISION O "A CRIM. CASE NO. 0 -012 With the fo1�egoing, the Court finds the landm.a1�k case of Jose B. Az11ar, i11 Iris capacity as Adlllinistmtor of the Eslale of the deceased, Matias H. Azllar, v. Court of Tax Appeals alld Collector ofllllemal Revenue,n instructive, to wit: .As could be readily seen from the above rationalization of the lower court, no distinction has been made between false returns (due to mistake, carelessness or ignorance) and fraudulent returns (with intent to evade taxes). The lower court based its conclusion on the petitioner's alleged fraudulent intent to evade taxes on the substantial diffet�ence between the an1ounts of net income on the face of the returns as filed by him in the years 1946 to 1951 and the net income as determined by the inventory method utilized by both respondents for the same years. The lower court based its conclusion on a presumption that fraud can be deduced from the very substantial dispal"ity of incomes as reported and determined by the inventory method and on the similal"ity of consecutive disparities for six years. Such a basis for determining the existence of fraud (intent to evade payment of tax) suffers from an inherent flaw when applied to Utis case. It is very apparent here Umt the respondent Conunissioner of Internal Revenue, when the inventory meU10d was resorted to in the first assessment, concluded that the correct tax liabilit-y of Mr. Aznar amounted to F723,032.66 (Exll. 1, B.I.R. rec. pp. 126-129). After a reinvestigation the same respondent, in another assessment dated February 16, 1955, concluded that the tax liability should be reduced to F381,096.07. This is a crystal-clear, indication that even the respondent Comntissioner of Internal Revenue with the use of the inventory method can conmtit a glaring mistake in the assessment of petitioner's tax liability. When the respondent Court of Tax Appeals reviewed this case on appeal, it concluded that petitioner's tax liability should be only P227,788.64. The lower court in three instances (elimination of two buildings in the list of petitioner's assets begimling December 31, 1949, because they were clestToyed by fire; elimination of expenses for construction in petitioner's assets as duplication of increased value in buildings, and elintinalion of value of house and lot in petitioner's assets because said property was only given as collateral) supported petitioner's stand on the wrong inclusions in his lists of assets made by the respondent Conunissioner of Internal Revenue, resulting in the very substantial reduction of pelitioner's tax liability by the lower court. The foregoing shows that it was not only Mr. Matias H. Aznar who committed ntis takes in his report of !tis income but also the respondent 1 92 G.R. No. L-20569, August 2.1, 1974, 58 SCRA 519.

DECISION CTA CRIM. CASE NO. 0 -012 Conun.iss.ioner of Internal Revenue who conun.ilted mistakes in his use of the inventory method to dete.tm.ine the petitioner's tax liability. The mistakes conunitted by the Commissioner of Internal Revenue which also involve very substantial amounts were also repeated yearly, and yet we cannot presum.e therefrom the existence of any taint of official fraud. From the above exposition of facls, we crumot but emphatically reiterate the well established doch.ine that fraud cannot be presumed but must be proven. As a corollary thereto, we can also state that fraudulent .intent could not be deduced from mistakes however frequent they may be, especially .if such m.istakes emanate from erroneous entries or erroneous classification of items in accow1ting methods utilized for determination of tax liabilities. The predecessor of the petitioner w1doubtedly filed his income tax returns for the years 1946 to 1951 and those tax returns were prepared for him by his accow1tant and employees. It also appears that petitioner in his lifetime and during the investigation of his tax liabilities cooperated readily with the B.I.R. and there is no indication in the record of any act of bad faith conunitted by him. The low er court' s conclusion regarding lhe ex.istence of fraudulent .intent to evade payment of taxes was based merely on a presumption and not on evidence establishing a willful filing of false and fraudulent retun1s so as to warrant the imposition of the fraud penalty. The fraud contemplated by law is actual and not constructive. It must be intentional fraud, consisting of deception willfully and deliberately done or resmted to in order to induce another to give up some legal right. Negligence, whether slight or gross, is not equivalent to the fraud with intent to evade the tax contemplated by the law. It must amount to intentional wrong-doing with the sole object of avoiding the lax. It necessarily follows that a mere mistake cannot be considered as fraudulent intent, and if both pelitioner and respondent Commissioner of Internal Revenue conmtitted ntistakes in making enh-.ies in the returns and in the assessment, respectively, under the inventory method of determining tax liabilily , it would be wl.fair to treat the ntistakes of the petitioner as tainted with fraud and those of the respondent as made in good faith . (Boldfacillg supplied.) As earlier discussed, the prosecution was able to prove that the accused failed lo supply conect and accurate infonnalton in her !TR lor the year 2002lor her failm~e � declare her o lher 1ncon1e paytnents receiv ed fr01n other sources. �

DECISION CTA CRlM. CASE NO. 0 -012 However, it is well-settled that mere understatement of a tax is not itself proof of fraud for the purpose of tax evasion.93 Based on the records of the case, the accused denied the signalure appearing on top of the name "Judy Atme Santos" in the ITR for taxable year 2002, presented by the prosecution, and that the Certified Public Accountant, who's participation is limited to the preparation of the Financial Statements attached to the relurn, likewise, denied signing Lhe return on behalf of the accused. Further, the workil1g papers, i.e., ti1e Balance Sheet and Income Statement, as well as the value-added tax returns, Income Tax Return for year 2002, quarterly tax relurn, schedule of input taxes and creditable tax certificates, were all provided by the Manager of the accused. The Court, therefore, finds the records bereft of any evidence to establish the key element of willfulness on the part of the accused to supply the correct and accurate information on her subject return. The burden of proof is on the prosecution to prove beyond reasonable doubt that accused willfully failed to supply correct and accurate information. Staled differently, the prosecution must prove that the accused, a Filipino citizen residing in ti1e Philippines, is required not only to file an income tax return on income from all sources, on or before the fifteenth (15th) day of April of each year, covering the income for the preceding taxable year, but also to supply correct and accurate information thereof, and that any failure thereof is done willfully. 93 Yulivo Sons Hardware tr. Court of Tax Appeals, G.R. No. L-13203, January 28, 1961, 1 SCRA 169.

DECISION CTA CRIM. CASE NO. 0-012 The Court, howeve1�, only finds the accused negligent; and such is not enough to convict her in the case at bench. Negligence, whether slight or gross, is not equivalent to the fraud with intent to evade the tax contemplated by the law. Fraud must amount to intentional wrong- doing with lhe sole object of avoiding the tax.94 The Court also notes the intention of the accused to settle the case were it not for the opposition of her Manager and U1en counsel, which negates any motive of the accused to commit fraud. In all criminal cases, mere speculations cru.mot substitute for proof i11 establishiJ.1g the guilt of the accused.95 Indeed, suspicion no maHer how sh�ong must never sway judgntent. Where there is reasonable doubt, tl1e accused n1ust be acquitted even though their ilu1ocence may not have been established. The Constitution presumes a person ilmocent until proven guilty by proof beyond reasonable doubt. When guilt is not proven with moral certainty, it has been our policy of long standing that the presumption of iJ.mocence must be favored, and exoneration granted as a matter of right.96 In sum, the Court finds the failure of the prosecution to establish the guilt of the accused beyond the required reasonable doubt. v. dliugr/ 94 Supra, note 92. 95 Aurea R. Monteverde People of the Philippines, G.R. No. 139610, August 12, 2002, 387 SCRA 196, Femandez v . People, G.R . No. 138503, Septe111ber� 28, 2000, 341 S C RA 277. . 96 ]bid.

DECISION CIA CRIM. CASE N O. 0 -012 Assessmellt Agai11st the Accused Well-settled is the rule that an acquittal for failure of the prosecution lo prove all elements of U1e offense beyond reasonable doubt does not include the exlinguislunent of the civilliabililyY In case of acquittal, the accused may still be adjudged civilly liable. The extinction of the penal action does not carry with it the extinction of the civil action where: (a) the acquittal is based on reasonable doubt as only preponderance of evidence is required; (b) the court declares that the liability of U1e accused is only civil; and (c) U1e civil liability of the accused does not arise from or is not based upon the crime of which U1e accused was acquitted.98 Based on the records of the case, a Preliminary Assesstnent Notice dated September 25, 2007, for deficiency income tax for calendar year 2002, in the aggregate amount of P3,333,490.74, was received on November 13, 2007;99 and that a Formal Letter of Demand dated January 14, 2008, for deficiency income tax for the year ending December 31, 2002, in the aggregate amount of P3,418,034.78, was received on January 15, 2008_loo Section 203 of the 1997 NIRC, as amended, states as follows: SECTION 203 . Period of Limitatioll upoll Assessmmt alld Collection. Except as proviJ.ed in U1e succeeding section, interna.l1�evenue taxes shall be assessed within three years after the last day prescribed by law for the filing of the return, and no proceeding in court without assessment <n Jaime Alierez v. People of the Philippines, G.R. No. 182301, January 31, 2011 641 SCRA 116, ciliug Ambito u. People, G.R. No . 12 7327, Februmy 13, 2009, 5 79 SCRA 69, 94. ~ 98 /bid., dli11g Hrm Hywrg Par/( v . Ewrg Wo11 C/roi, G.R. No. 165496, February 12, 200 7, 515 SCRA 502, 513. . 99 Exlribils "5," "5-a" am\ "S- /1. " 1oo Exhibits " 6, " " 6-11 " nud " 6-b."

DECISION CTA CRIM. CASE NO. 0-012 for the collection of such taxes shall be begun after the expiration of such period: Provided, That in a case where a return is filed beyond the period prescribed by law, the Uuee-year period shall be counted from Lhe day the return was filed . For the purposes of Utis section, a return filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day. (Boldfizcillg s1Lpplied.) Undisputed from the records that the ITR for the taxable year 2002 of the accused was filed on April15, 2003; thus, counting three (3) years from said date, the Conunissioner can validly issue an assessment against the accused until April 15, 2006. An assessment issued thereafter is deemed invalid. Nonetheless, as earlier delennined, the ITR of the accused failed to fully declare her other income payments, thus, the same falls under one of U1e exceptions in Section 222(a) of the same Code, viz: SECTION 222. Exceplia11s as La Period of Lilllilalioll of Assesslllellt aud ColleclioH ofTnxes. - (a) In the case of a false or fraudulent return with intent to evade tax or of failure to file a return, the tax may be assessed, or a proceeding in court fur the collection of such tax may be filed without assessment, at any time within ten (10) years after the discovery of the falsity, fraud or omission: Provided, That in a fraud assessment wltich has become final or and executory, the fact of fraud shall be judicially taken cognizance of in the civil criminal action for the collection thereof. Therefore, the Preliminaty Assessment Notice dated September 25, 2007, received on November 13, 2007; and the Formal Letter of Demand elated January 14, 2008, received on January 15, 2008, were made within the ten (10)-year period. In accordance thereto, Section 228 of the 1997 NIRC, as amended, prescrib:sj as follows: r.

DECISION CTA CIUM. CASE NO. 0 -01 2 SEC. 228. Prolesli11g of Assessment. - When the Commissioner or his duly authorized representative finds that proper taxes should be assessed, he shall first notify the taxpayer of his findings: Provided, however, That a preassessment notice shall not be 1�equired in the following cases: XX X XXX XXX The taxpayers shall be informed in writing of the law and the facts on which the assessment is made; otherwise, the assessment shall be void. Within a period to be prescribed by implementing rules and regulations, the taxpayer shall be required to respond to said notice. If the taxpayer fails to respond, the Commissioner or his duly authorized representative shall issue an assessment based on his findings. Such assessment may be protested admi.nish�atively by filing a request for reconsideration or reinvestigation within thirty (30) days from receipt of the assessment in such form and matmer as may be prescribed by implementing rules and regulations. Within sixty (60) days from filing of the protest, all relevant supporting docum.ents shall have been submitted; otherwise, the assessment shall become final. If the protest is denied in whole or in part, or is not acted upon within one hundred eighty (180) days from submission of documents, the taxpayer adversely affected by the decision or inaction may appeal to the Court of Tax Appeals within thirty (30) days from receipt of the said decision, or from lhe lapse of the one hundred eighty (180)-day period; otherwise, the decision shall become final, execut01y and demandable. (Boldfncillg supplied.) And records of lhe case clearly show that accused failed to file any protest against the Formal Lelter of Demand elated January 14, 2008, which was received on January 15, 2008. Thus, lhe same had become final, and may no longer be set aside. In sum, accused is slillliable to pay the deficiency income taxes for the taxable year 2002, in the amount of l'3,418,034.78. ~

r,:. DECISION CfA CRIM. CASE NO. 0-012 WHEREFORE, on the ground of reasonable doubt, accused JUDY ANNE SANTOS y LUMAGUI is hereby ACQUITfED of the crime charged. As regards the civil liability, accused JUDY ANNE SANTOS y LUMAGUI is hereby ORDERED lo PAY the amount of P3,418,034.78, representing income tax deficiency for the taxable year 2002, including penalties and interests. In addition, actused JUDY ANNE SANTOS y LUMAGUI is hereby further ORDERED to PAY the lwenly percent (20%) delinquency interest on the total amount of P-3,418,034.78, cmnputecl from January 15, 2008, until fully paid, pursuant lo Section 249(C) of lhe 1997 NIRC, as amended. SO ORDERED. LO WE CONCUR: (llz/ziuited) ~A-/.~_/~- OLGA PALANCA-ENRIQUEZ AMELIA R. COTANGCO-MANALASTAS Associate Justice Associate Justice I

<l I DECISION erA CHIM. CASE N O. 0-01 2 ATTESTATION I attest lhat the conclusions in the above Decision were reached in consultation before lhe case was assigned to lhe writer of U1e opinion of the Co trt' s Division. CERTIFICATION Pursuant lo Article VIII, Section 13 of the Constitution, it is hereby certified that lhe conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. S};~c . ~/~- JUANITo C. CASTANEDA, JR. Acting Presiding Just-ice