FACT CHECK | Moreno’s claim that the Marcoses owe P200 billion estate tax is true

March 7, 2022 , 07:16 PM

By Mikee Garcia

(March 7, 2022) – In a press briefing last Monday, Manila Mayor Isko Moreno mentioned that the Marcos family has unpaid estate taxes worth P200 billion, vowing to go after them to use as added aid for Filipinos during the COVID-19 pandemic.

His claim is true.

CLAIM:

Moreno, the standard-bearer of Aksyon Demokratiko in the 2022 elections, expressed his plan if he gets elected as president, citing the specific case ruled by the Supreme Court.

“I will make sure I will implement the decision of the Supreme Court, GR 120880, June of 1997 na may isang pamilya na pinagbabayad ng estate tax. As we speak, it’s about P200 billion already,” said Moreno without mentioning the Marcoses.

RATING: TRUE

FACTS:

Following the death of former President Ferdinand Marcos Sr. in 1989, the Bureau of Internal Revenue (BIR) in 1991 assessed the deficiency of his estate taxes to be P23,293,607,638.

This was protested by one of his heirs, his only son Bongbong Marcos Jr., who is now gunning for his family’s return to power. In 1994, he filed a case at a Pasig Regional Trial Court and then raised it to the Court of Appeals, whose decision was affirmed by the Supreme Court in 1997.

Former Senior Associate Justice Antonio Carpio, in his column on the Philippine Daily Inquirer last September, estimated the unpaid estate taxes of the Marcoses to now be over P203 billion after incurring penalties.

The younger Marcos, who was convicted of tax evasion in 1995, claimed that he was denied his right to due process for not being notified of the assessment of his father’s estate taxes and therefore never given an opportunity to contest.

But the BIR maintained that the copies of the assessments were all personally and constructively served and received at the last known address of the late dictator’s son in San Juan. Formal notices were also served at his office at Batasang Pambansa during his first term as representative of Ilocos Norte.

“Such assessment may be protested administratively by filing a request for reconsideration or reinvestigation in such form and manner as may be prescribed by implementing regulations within (30) days from receipt of the assessment; otherwise, the assessment shall become final and unappealable,” according to Sec. 229 of the National Internal Revenue Code.

Because the Marcos heirs failed to question the assessments within the prescribed period, the BIR’s decision is final, executory, and enforceable.

“Where there was an opportunity to raise objections to government action, and such opportunity was disregarded, for no justifiable reason, the party claiming oppression then becomes the oppressor of the orderly functions of government. He who comes to court must come with clean hands. Otherwise, he not only taints his name, but ridicules the very structure of established authority,” said the decision.

The camp of Marcos Jr., however, refuted last Thursday the remark of Moreno, claiming that the case is “hinged on a legal issue that has yet to attain finality” since the properties are still under litigation, citing the motion for reconsideration filed at the Sandiganbayan.

“Even the BIR and the Presidential Commission on Good Government have arrived at an agreement for the BIR to wait for the decision on the said case before any collection enforcement activities and to establish ownership of the subject properties with certainty to determine with accuracy the fair and just tax base to be used in computing estate taxes, if any,” said Atty. Vic Rodriguez, the spokesperson of Marcos.

The Sandiganbayan in 2019 junked a P200 billion forfeiture case against the Marcoses due to lack of sufficient evidence, stating the court cannot simply assume that the subject properties were ill-gotten.

Regardless of the proceedings at the anti-graft court, the estate of every decedent shall be levied, assessed, collected, and paid upon.

WHY IT MATTERS:

Since the late dictator’s ouster, five administrations have failed to collect the unpaid estate taxes of the Marcoses. The matriarch, Imelda Marcos, was convicted of seven counts of graft in 2018 but remains free after posting bail.

With Marcos Jr. looking to grab the seat in Malacañang, their ill-gotten wealth remains a national issue. Being one of the heirs, he has benefited from his parents’ assets, which were procured by using public coffers.

Some political observers believe that the stolen wealth of the Marcoses will never be recovered if Marcos Jr. gets elected as president.

News 5 is part of #FactsFirstPH which brings together various sectors that are committed to promoting truth in the public space, and exacting accountability on those who harm it with lies. For those interested to join the initiative, e-mail info@factsfirst.ph. Message News 5’s Facebook page if you want to have any claims fact-checked.

Read our fact-checking policy here.

(PM)

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