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  • REQUEST SUBMITTED

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    Date: 2021-11-15 10:41:09.002833

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    Date: 2021-11-15 11:24:35.515952

  • REQUEST DENIED

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    Date: 2021-11-17 14:54:31.295873

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    Date: 2021-11-17 07:08:54.271668

Income Tax Return

Requested from BIR by M. Ignas at 10:41 AM on Nov 15, 2021.
Purpose: For the assessment of correct business taxes
Date of Coverage: 01/01/2019 - 12/31/2020
Tracking no: #BIR-640643490464

Ignas 10:41 AM, Nov 15, 2021 

Warmest greetings. I would like to request for the 2019-2020 Income Tax Return of Ms. Nenita Ong Tan and/or SN Oriental Baguio Traders as wholesaler/distributor of liquor in the municipality of La Trinidad, Benguet and Baguio City.

Du 11:24 AM, Nov 15, 2021 

November 14, 2021

Dear Ms. Ignas,

I refer to my letter of Nov 15, 2021 10:41:09 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Income Tax Return.

In order for us to properly endorse your request to the concerned office, please indicate the company's  TIN, RDO no., complete business name & address. and email it at ana.marie.du@bir.gov.ph as these are sensitive information.

While our aim is to provide information whenever possible, however, in this instance 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 in 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 shall 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.

We would also like to advise that you may directly request the information to the concerned RDO as they may also need to determine and/or verify the validity of your request and your identity as these are sensitive information and are bound by the Data Privacy Act of 2012 and Sec 270 of the NIRC.

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 Feb 07, 2022, 03:09:25 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

Du 04:45 PM, Nov 16, 2021 

November 16, 2021

Dear Ms. Agnas,

Thank you for your request dated Nov 15, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Income Tax Return.

We received your request on Nov 15, 2021 and will respond on or before Dec 06, 2021 10:41:09 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEJJUi02NDA2NDM0OTA0NjQM, for request with ticket number #BIR-640643490464.

Thank you.

Respectfully,

Ana Marie Du
FOI Officer


November 17, 2021

Dear Ms. Ignas,

This is in response to your message last November 15, 2021 regarding your request for 2019-2020 Income Tax Return of Ms. Nenita Ong Tan or SN Oriental Baguio Traders as wholesaler or distributor of liquor.

Section 71 of the National Internal Revenue Code states that after the assessment shall have been made, the returns, together with any corrections thereof which may have been made by the Commissioner, shall be filed in the Office of the Commissioner and shall constitute public records and be open to inspection as such upon the order of the President of the Philippines, under rules and regulations to be prescribed by the Secretary of Finance, upon recommendation of the Commissioner.	

In relation to the abovementioned provision, Revenue Memorandum Circular No. 128-2019 (RMC No. 128-2019) was issued to confirm the Bureau of Internal Revenue’s (BIR) consistent compliance and commitment to institutionalize Executive Order (EO) No. 2, s. 2016 also known as the Freedom of Information (FOI) Program within the agency. The said Circular sets the standard procedure for the FOI requests. In that Circular, it specifies that the requesting party must fill-up a FOI Request Form indicating the specific reason for, or purpose of the request for information, among others. In addition, the requesting party shall attach to his or her FOI request at least two (2) valid government I.D.s containing the photograph and signature of the requesting party and the written authorization of the principal and at least two (2) valid government I.D.s containing the photograph and signature of the representative if the request is made through a representative.

Also, we would like to invite your attention to the provisions of Section 12 of Republic Act No. 10173 or the Data Privacy Act of 2012:

“Section 12. Criteria for Lawful Processing of Personal Information. - The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists:

a.	The data subject has given his or her consent;

XXX

Pursuant to the abovementioned provisions, we humbly regret to inform you that this office cannot grant your request.

Thank you and be safe always.

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