MANILA, Philippines – Oil firm Pilipinas Shell Petroleum Corp. (PSPC) wants the National Bureau of Investigation (NBI) to probe an alleged tax informer’s reward scam perpetrated by a syndicate that fabricates cases against major taxpayers.
The syndicate is reportedly composed of retired and active personnel of the Bureau of Customs (BOC) and Bureau of Internal Revenue (BIR) in conspiracy with certain private individuals, according to PSPC lawyer Victor Pangilinan.
Last month, the NBI anti-fraud division subpoenaed the PSPC for a case conference, which was held yesterday and attended by Pangilinan.
The NBI division said it would subpoena the BOC and BIR so it could gather evidence on the complaint.
The case was referred by the Department of Finance after the PSPC wrote a letter-complaint to Finance Secretary Cesar Purisima in October 2015, asking to have the alleged scam investigated.
Both the BOC and the BIR assured the NBI they would cooperate in the investigation.
Belle Maestro, spokesperson for BOC Commissioner Alberto Lina, said they have no knowledge about the PSPC complaint.
Maestro said BOC Rewards Committee chief Arturo Lachica told her that the bureau has not processed any informer’s reward or rewarded anyone for that matter.
BIR deputy commissioner Estela Sales said they would cooperate with the NBI, as she vouched for the integrity of the tax agency’s reward system.
Pangilinan denounced the payment of millions of pesos in informer’s reward, saying these were made without legal basis. He cited a similar case fabricated against another oil firm, Chevron Philippines.
Chevron was ordered by the Supreme Court in 2008 to pay over P1 billion in customs duties, when its goods were declared abandoned after failing to submit the required import entry documents within 30 days.
“We wanted to have it investigated because we would see from the records who informed these agencies and who received the reward,” Pangilinan said.
The supposed informer in the Chevron case reportedly received over P200 million in reward money. The amount represented 25 percent of the dutiable value of the shipment declared abandoned.
Pangilinan said a certain Alfonso Orioste, who supposedly gave the information and received the reward, could be a fictitious name.
He said the syndicate is now running after the PSPC and wanted the company tp be made liable for alleged unpaid excise taxes amounting to around P7 billion, in a case pending with the Court of Tax Appeals (CTA).
The amount could climb to P40 billion, including surcharges and interests, and the syndicate is looking at collecting at least P8 billion in reward, he said.
The lawyer said informants are entitled to a reward if they can provide information leading to the discovery and seizure of goods not yet possessed by tax authorities.
As in the case of Chevron, all records on importations and payment of taxes of PSPC are in the possession of the BOC and the BIR.
“If such were the case, how can an informant provide new material information based on the very same documents already in the possession of the BOC and the BIR? How could he, a private person, gain access to the records of the BOC and the BIR?” Pangilinan said.
The lawyer said if the PSPC is held liable for excise tax, the maximum reward should only be P1 million as provided under the Internal Revenue Code.
“Should the NBI investigation show that an informer’s reward was paid in the case of Chevron, this could mean that millions of taxpayer’s money were disbursed illegally,” he said, adding violators will face criminal and administrative liabilities, including a return of the reward money, plus interest and penalties. – With Evelyn Macairan, Prinz Magtulis