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    Date: 2022-03-17 02:58:21.274959

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    Date: 2022-03-17 16:22:37.221200

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Clarity on Marcos Jr. Tax Evasion Case

Requested from BIR by A. Gutierrez at 02:58 AM on Mar 17, 2022.
Purpose: Research and Fact Checking
Date of Coverage: 01/31/1982 - 03/17/2022
Tracking no: #BIR-464704043346

Gutierrez 02:58 AM, Mar 17, 2022

Hi,

I would like seek clarity on the following items related to the 1995 Tax Evasion case against Ferdinand Marcos Jr.

1) Does the failure to file his ITR equate to failing to pay his taxes?

2) Does his conviction stand even if he was not disqualified from running for public office?

3) Can the BIR confirm that the document listing payments made is valid? Their camp made this available publicly so I assume not subject to privacy law. Even a yes or no would be enough.

Should any one of the above be denied, I hope any valid question/s can still be addressed.

Thank you.

Du 04:22 PM, Mar 17, 2022

March 17, 2022

Dear Ms. Gutierrez,

I refer to my letter of Mar 17, 2022 02:58:21 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Clarity on Marcos Jr. Tax Evasion Case.

While our aim is to provide information whenever possible, however, please be informed that our office is constrained by rules under Sec.13.4. d Standard Procedure for FOI Request to wit:” d. If a requesting party is a natural person who is a member employee, affiliated with or related to a juridical entity, company, or organization, and the request is made not on behalf of such juridical entity, company, or organization but arises from such membership, affiliation or relation, such other sufficient proof of authority or affiliation;
For example, for an employee or member, a copy of the company or organization I.D., or for students, a copy of the valid school ID. and written indorsement of the supervising teacher/professor/ instructor; 

Also, the purpose of the request for information should  be specific or adequately and sufficiently described. General averments of the purpose such as "for information," "for research," "for legal purpose," or other similarly worded purposes shall not be considered to have met the requirements of specificity. Failure to specify the reason for or purpose of the request for information shall be a ground for denial of the FOI request .

Thus, in order for us to properly endorse your request, kindly comply with the requirements stated above. For your guidance, please refer to the Revised People's Freedom of Information Manual for the Bureau of Internal Revenue, which is available for download at the Bureau's Official Website or www.bir.gov.ph.

During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Jun 09, 2022 08:21:14 AM, your request will be closed.

We hope to hear from you at the soonest possible time.

Thank you.

Respectfully,

Ana Marie Du
FOI Officer

Gutierrez 06:45 PM, Mar 17, 2022

Hi Ms. Du,

Since the person involved is running for the highest position in the land, this will help me (and perhaps, other voters) make a facts-based decision at the polls and ultimately, put an end to possible mis/disinformation surrounding the case.  Should specific details be of a private nature, a categorical “yes” or “no” on the authenticity of the said documents (made publicly through Mr. Marcos’ lawyer on December 21, 2021, dated December 9, 2021, issued in San Juan by RDO 42, and signed by Mr. Arsenio Tomeldan, Ms. Adelfa Mateo and Ms. Thelma Mangio) would suffice.
 
Kindly just let me know if this is still not sufficient enough of a reason. Thank you.

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