Tax court orders BIR to let go of Pacquiao properties, bank accounts

By DANESSA O. RIVERA, GMA News

Published April 24, 2014 12:06pm

Let it go, the Court of Tax Appeals has told the BIR in ordering the lifting of the garnishment on boxing champ Manny Pacquiao's assets. The BIR had sought to seize Pacquiao's properties to help pay for P3.289 billion worth of unsettled taxes.

However, the tax court also ordered the Pacquiao couple to deposit a cash bond worth over P3.2 billion or file a P4.9-billion surety bond to cover their tax deficiencies.

The CTA First Division upheld Pacquiao's October 18, 2013 petition to lift the warrant issued by the BIR, and stopped the bureau from issuing any more warrants against the boxing champ, according to a report aired on GMA News' “Unang Balita” Thursday.

The report noted the court, in effect, lifted the warrant of distraint and levy on Pacquiao's bank accounts and properties.

According to the CTA resolution, Pacquiao's interests must be protected and his family's sake considered while the tax case is being heard.

Incidental order

"Incidental lang ang suspension order. There will be another hearing set on the merits of the tax issue," clerk of court Margarette Guzman told GMA News Online.

On August 1, 2013, Pacquiao filed a "Petition for Review for the reduction of, and the return of any excess, filing fees assessed and paid in the instant case, for lack of merit" after the BIR filed a P2.2-billion tax case against the boxing champ, who is also the Sarangani representative.

Spouses Manny and Jinkee Pacquiao then filed on October 18 an "Urgent Motion to Lift Warrants of Distraint & Levy and Garnishment and for the Issuance of an Order to Suspend the Collection of Tax (With Prayer for the Issuance of A Temporary Restraining Order)."

Guzman said the order is conditional and hinges upon the deposit of cash or surety bond, even though the Pacquiao couple may ask for an extension.

"If they cannot pay within the given time frame, hindi ma-ga-grant ang order," she said.

Guzman said the BIR has 15 days after receiving the CTA order to file a motion for reconsideration.

Also favors BIR

The tax court gave the Pacquaio couple 10 days to deposit a cash bond worth over P3.2 billion or file a P4.9-billion surety bond to cover more than P3 billion in tax deficiencies.

Pacquiao welcomed the CTA's decision, saying: "Salamat sa ating Pangulo, sa tulong niya at kay Kim Henares."

BIR lawyer Felix Raul Velasco said the resolution was also favorable to the bureau.

"What was good about the resolution was the interest of government was protected because a cash bond or surety bond was required," he added. – VS/HS, GMA News

Tags: pacquiaotaxcase, ctapacquiaotaxcase