It now half pays to plunder!

Maybe I am a simple minded fool but I am of the belief that our judicial system is supposed to make sure that crime does not pay. I can understand the value of plea bargains in bringing down the cost of going after criminals. But the agreed compromise should uphold this principle that crime cannot be made to pay.

I know the lawyers will debate the finer legal points of that plea bargain agreement of Gen Carlos Garcia and the Office of Ombudsman. But the thing that is clear to me and alarms me is the fact that Gen Garcia had been shown to have amassed wealth estimated at P303 million, well in excess of what he has earned or filed in his income tax and he is being allowed to take home half of it.

How can the Office of the Ombudsman agree to a compromise of just P135 million or less than half of the assessed value of the presumably ill-gotten wealth? That is like saying it is alright to steal from the National Treasury and when caught, just bargain with the Ombudsman and you can keep at least half of it.

Tama ba naman yan?

This is another black mark on this constitutional body under that notorious Arroyo appointee. So it seems there is no hope we can clean government for as long as she is the Ombudsman. Here is the one big fat cat who was caught, not by our law enforcers but by American customs agents while trying to smuggle bags of cash into the US. And our legal system is letting him walk away with half his supposed loot. Should we just give up on our country?

Okay, I am told the money isn’t all his. Isn’t it just proper that part of the plea bargain is for him to reveal who his principals are? A worthy plea bargain should elicit not just an apology from the general and confiscation of all fruits of the crime but a testimony on who are his accomplices. Right now he is looking like one greedy general. But maybe, he is sharing the ill-gotten fruits with people being protected by the Arroyo dominated Office of the Ombudsman.

I agree that P-Noy is powerless to do anything about this because this involves a constitutional body, the Ombudsman, and a co-equal branch of government, the judiciary through the Sandiganbayan. Some Facebook posts are wrong to blame Justice Secretary de Lima and the DOJ prosecutors because the prosecutors involved belong to the Office of the Ombudsman. De Lima in fact calls the agreement illegal. P-Noy and de Lima should gather all the facts in the plea bargain so that at least we know how we are being screwed.

Think about this: Assessed value of plundered wealth at P303 million… value of money that will revert to government under the plea bargain is less than half at P135 million. Can the public be blamed for thinking that perhaps part of the remainder that should rightfully also be turned over to government is being divided among accomplices including the prosecutors?

In fact, Justice Secretary de Lima observed that “in this case, the plea to the lesser offense…was made long after trial has already started…This irregularity in the deal also shows that other considerations might have influenced or attended its hatching,” she added.

One last thing: this is not a victimless white collar crime. The money involved came from military contractors who most likely managed to raise the money given to the general by delivering substandard supplies… like Kevlar helmets that do not protect the soldiers during combat. How many soldiers died because there was corruption in the procurement of these life saving supplies?With that in mind, even life in prison could hardly be enough punishment for the lives lost.

Top 500 taxpayers

My friend, respected economist Romy Bernardo, lamented the publication of the top 500 taxpayers list. In his column at BusinessWorld, Romy cited personal security problems for those on the list. He also wrote that “those affluent but absent… the list provided fodder for gratuitous speculation. One broadsheet asked provocatively in its front page why this or that prominent top executive or businessman was not on the large taxpayer list; as did at least one priest’s Sunday sermon I heard about.”

Romy cites several reasons why one who is rich or earning well may not appear on the list. One is what he called “substituted filing” wherein a company withholds and pays their individual income taxes and pays directly to the BIR. Provided the individual has only that single source of still taxable income, he does not need to file an income tax return. These substituted filings were likely not captured by the BIR’s top 500 list.

Then Romy cites individuals who have incorporated their business, such that the income is earned by the corporation, which then pays the appropriate corporate income taxes. I understand from other sources this is why JAZA and his brother Fernando are not on the list.

Additionally, those who earn substantial dividend income is levied a final tax collected at source. If the person depends primarily on dividend income, there is no requirement to file an individual income tax return. This is true as well for those whose income is passive, i.e., derived primarily from interest and dividends, which are imposed final taxes withheld at source. These are not captured in BIR’s top 500. These limitations in the data were not adequately explained by the BIR, Romy complains.

Romy raises good points. But then again, I think the security risk in publishing the list is overstated. Crime syndicates know their potential victims well, many of whom are quiet Binondo Chinoys who do not even file income tax returns and therefore do not appear in any list except their kidnappers’. In fact, this BIR list may do many seemingly rich people a favor. The kidnap syndicates may get them off the list of potential victims because the BIR list shows that they are more mayabang than mayaman.

People like Jaza and his brother Fernando, if they feel bad that people are asking why they are not on the list, should be more proactive in explaining their situation. When Tony Lopez first published the 2008 list of top taxpayers in BizNews Asia and his name was not on it, Lopez Group patriarch Oscar Lopez wrote the BIR to complain.

“Consider my surprise when I did not find my name in the list, specially because of this front cover comment that ‘People you think are very rich and good citizens, as well as past and present presidents, are not on the list.’ I looked into the matter and based on the documents I have, I should have been in the top ten of the list.”

Mr Lopez continued: “the damage had been done not just to my reputation but to my peace of mind. I have always taken my duties and obligations as a responsible citizen of this country seriously and any suggestion that I may not have paid the proper taxes bothers me no end because it is not true.

“May I also make a further suggestion that the 2009 list be published in the interest of total transparency promised by the P-Noy administration and as a means to encourage citizens similarly situated as I to pay the proper taxes and be recognized as indeed the heroes of our times.” Mr Lopez is listed number 7 in the 2009 list.

So, the solution, my dear Romy is not to do away with the list but to get the BIR to publish a more comprehensive error-free list. We need to show our hardworking middle class guys who carry the heaviest burden of taxes in proportion to their incomes that the rich guys are carrying their just load. The publication of the list provides a shame component so that our bosses will order their tax lawyers to moderate their tax avoidance expertise.

Noon at ngayon

Rosan Cruz, who is obviously of another bygone era, pines for the good ol’ days.

Noon… Pag maganda ligawan mo agad.

Ngayon… Pag maganda titigan mo ng mabuti, baka bakla.

Noon… Konti lang ang lalaking gwapo.

Ngayon…Konting gwapo na lang ang tunay na lalaki.

Noon… Pag gwapo babaero.

Ngayon… Pati pangit babaero din at choosy pa… kapal ng mukha!

Noon… hintayin mabilog ang buwan bago magpakasal.

Ngayon… hintayin bumilog ang tiyan bago pakasalan.

Boo Chanco’s e-mail address is [email protected]