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People of the Philippines vs. Benjamin Kintanar, CTA CRIM. CASE NO.

O-031& O-032, September

27, 2010
Cotangco-Manalastas, J.
Case Summary:
Accused, Benjamin Kintanar, is charged in the CTA of two (2) consolidated cases for failure to file his
Income Tax Returns (ITRs) for the taxable years 2000 and 2001 on his taxable income in the estimated
amounts of P 3, 475, 090.64 and P 5, 175,242.12, respectively, exclusive of penalties, ssurcharges and
interest, in violation of the first paragraph of Section 255 of the National Internal Revenue Code as
amended, which reads as follows:
SEC. 255. Failure to File Return, Supply Correct and Accurate Information, Pay Tax
Withhold and Remit Tax and Refund Excess Taxes Withheld on Compensation. - Any
person required under this Code or by rules and regulations promulgated
thereunder to pay any tax make a return, keep any record, or supply correct the
accurate information, who willfully fails to pay such tax, make such return, keep such
record, or supply correct and accurate information, or withhold or 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 thereof, be punished by a fine of not less than Ten thousand pesos (P10,000)
and suffer imprisonment of not less than one (1) year but not more than ten (10) years.
(emphasis supplied)
Section 255 enumerates the following offenses:
a. Willful failure to pay tax;
b. Willful failure to make a return;
c. Willful failure 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 failure to refund excess taxes withheld on compensation.
To establish the offense of failure to file a return, the prosecution must prove three (3) esssetial elements
beyond reasonable that to wit:
1. That the accused was a person required to make of file a return;
2. That the accused failed to make or file a return at the time required by law; and
3. That the failure to make or file a return was willfull.
The Court ruled that Benjamin Kintanar is found liable for violation of Section 255 of the 1997 National
Internal Revenue Code as amended. That all the elements above stated are present. The prosecution was
able to prove that he is guilty beyond reasonable doubt of the crime charge. Likewise, the record also
show that the accused is informed of the deficiency tax assessment against him through a formal letter of
demand and due to the accuseds failure to submit the supporting documents after his request for
reinvestigation within the reglementary period after the same was granted, the assessments against the
accused became final.
Wherefore, in CTA Criminal Case No. 0-031 and 0-032 Benjamin kintanar is GUILTY BEYOND
REASONABLE DOUBT of violation of Section 255 of the NIRC and sentenced to suffer an
indeterminate penalty of imprisonment of one (1) year as minimum, to two (2) years as maximum and, is
ordered to pay pay a fine in the amount P 10,000.00 with subsidiary imprisonment in case accused has no
property with which to meet the said fine, pursuant to Section 280 of the NIRC AS AMENDED.
Aa regards civil liability, accused is hereby Ordered to pay deficiency income tax for the taxable years
2000 and 2001 in the amount of P 8, 251, 605.72 and P10, 730,391.18 respectively, inclusive of the
surcharge and interest, plus 20% delinquency i nterest per annum from the total amount of P 8, 251,
605,72 and P10, 730,391.18, counted from April 12, 2005, until fully paid, pursuant to Section 249(c)(3)
of the NIRC.
As to the Civil aspect of the instant cases, the same were deemed instituted herewith pursuant Section 7
(1) of Republic Act No. 9282 which provides that :criminal action and the corresponding civil action for
the recovery of civil liability for taxes and penalties shall at all times be simultaneously instituted with,
and jointly determined in the same proceeding by the CTA, the filing of the criminal action being
deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the Criminal action will be recognized.