While ETM is conducting the Estate

Planning; Saving Real Properties for the Next Generation training seminar, a participant wanted to know why letters

Disappointing to note that this wandering shepherd of the Ombudsman is advertising its preferences. And, this is bad news for the Office of the Ombudsman whose image is the promotion of integrity, honesty, objectivity and as a venue to mediate between and notices prepared and released to the BIR need to be filed to the public officials having questionable behaviors and characters and the taxpaying public who feel and believe that the basic Office of the Ombudsman. governmental services are being deliberately delayed and The rule is that government officials are required to act on any sometimes-deprived. communication submitted to them by the taxpaying public for It is true and correct that the Commissioner has the exclusive and whatever legal purposes such may be of use to. sole jurisdiction to render a decision or resolution on a disputed BIR On February 10, 2010, Hon. Evelyn A. Baliton, Assistant assessment. However, a BIR assessment is only the end or finished Ombudsman, wrote Emelino T. Maestro, We greatly appreciate product. Just like finished products being sold in stores, a BIR your active interaction with the Office of the Ombudsman. It is assessment should and must comply with the procedures as legally our prayer that you maintain such incessant vigilance over the defined by competent authority. Thus, if a BIR official complied with Bureaus entire operations and report to us immediately any all the standards policies and requirements stated in a dulyinfraction committed by its officials and employees. established memorandum or circular, the said assessment could be safely classified as a regular and legal assessment. Whilst, if the This letter of the encouragement from the Ombudsman is not only BIR policies or procedures were disregarded and ignored in for the consumption of ETM but most importantly, a challenge and a preparing, approving and releasing the said assessment, the law, request to all taxpayers to be vigilant in reporting to the Ombudsman that is, Republic Act No. 6770, classified the acts, not the BIR any infraction or wrongdoing perpetuated by BIR officials. Thus, assessment, as irregular and illegal. Therefore, if the actions of the ETM and other country-loving Filipinos should and must make it a BIR personnel are contrary to the general functions and obligations habit in informing the Ombudsman any malfeasance, misfeasance of the BIR or their job descriptions, then, the Ombudsman has an or nonfeasance being performed by the BIR personnel. exclusive and sole jurisdiction over the actions done and is There are two basic purposes why notices to BIR should be copy- mandated to voluntarily conduct investigation and inquiry. circulated to the Ombudsman, viz; Take note that the objective of copy-furnishing the Ombudsman of 1. To acclimate and empower its officials and investigators of the complete set of data that concerned a BIR assessment is to help the general functions and duties of the BIR offices and and assist its personnel, as previously discussed, to learn and staff, and understand the BIR procedures in arriving at the questionable 2. To advise and engage the Ombudsman to investigate the assessment and to expressly request the same personnel to either irregular and illegal actions deliberately pursued by these conduct a mediation conference or preliminary investigation with the BIR employees. end view of improving the quality and delivery of basic services to It is heartbreaking and mind buggling to read two letters coming from a subordinate employee of the Ombudsman which directly addressed to two differently situated taxpayers. These two letters are so identical and dwell on two specific issues, viz; the taxpaying public. To be a spokesperson on behalf of a BIR official who had been exposed in doing highly questionable actions is a BETRAYAL OF TRUST and thus, unfair and unacceptable.

COPY-CIRCULATED: OMBUDSMAN

1. That the Commissioner of Internal Revenue has the exclusive and sole jurisdiction to render a decision on all ETM suggest that a comprehensive training is needed to make this questionable-inferior official of the Ombudsman at par with the protested and disputed BIR assessments, 2. That Mr. Emelino T Maestro (orETM) and Mr. Jose Ombudsmans reputation and character. Filomar Bas are not BIR accredited Tax Agents. LIGHTER NOTE: Please register now for the 2nd ETM does not know if it is only a coincidence that on the same ESTATE PLANNING Saving Real Properties for the Next moment that the BIR issued a NOTICE/ADVISORY TO THE Generation. A training-workshop to be held at Sofitel TAXPAYING PUBLIC stating that it should and must only deal and Hotel, PICC on September 14 - Wednesday, talk to BIR-accredited Tax Agents and avoid those having no BIRtax-agent-accreditation. 2011 4-7pm. Before a BIR employee was transferred to a far, far away paradise so many letters and advisories flooded the mail-boxes of so many For other details, please visit,www.emelinotmaestro.com. taxpayers and to ETM-dismayed, the two letters from this subordinate employee of the Ombudsman have identical strokes As a privileged communication, to share this helpful information is and styles. your discretion.
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