STILL UNPAID | Marcos’ spokesperson made inaccurate claim on estate taxes, says PCGG

March 15, 2022 , 02:19 PM

By Beatrice Puente

(March 15, 2022) – The Presidential Commission on Good Government (PCGG) has clarified the verbal understanding that the agency had with the Bureau of Internal Revenue (BIR) about two decades ago concerning the estate taxes of the family of former President Ferdinand Marcos Sr.

PCGG chairperson Atty. John Agbayani, along with two other commissioners, made the clarification in a response to the letter sent by Aksyon Demokratiko chairperson Ernest Ramel last week, noting the statement issued by the spokesperson of presidential candidate Bongbong Marcos Jr. “may not be accurate.”

Last March 3, Atty. Vic Rodriguez claimed that the PCGG and the BIR had agreed to wait for the decision on a pending case before enforcing the collection and establishing the ownership of the properties in question “to determine with accuracy the fair and just tax base to be used in computing estate taxes.” The PCGG, however, has refuted this.

“As early as 1993, the BIR has already executed its final assessment when it levied and sold 11 real properties in Tacloban City, and as early as 1997, the judgment on the tax case had become final and executory,” wrote the PCGG in a letter dated March 11.

In 1991, the BIR pegged the estate taxes unpaid by the late dictator at around P23.29 billion. This amount was separate from the P184 million that he and his wife owed in income taxes for 1985 and 1986.

Marcos, the standard-bearer of Partido Federal ng Pilipinas in the 2022 elections, meanwhile, incurred income tax deficiencies worth P20,410.

Such assessments became final and executory due to the lack of administrative protests filed within 30 days. With this, the lots in Tacloban City were subsequently awarded to the government following the lack of bidders in a public auction on July 5, 1993, according to the PCGG.

Agbayani also clarified that the verbal understanding between the PCGG and the BIR in 2003 exempted “those that are sequestered or subject of a recovery case by the PCGG, and the Swiss funds under escrow by the Philippine National Bank” from the assessment and collection of estate taxes.

“By having sequestered them, the government has legally laid claim on them. Should government’s claims be finally upheld by the courts, the BIR would have in effect satisfied tax claims of the government with properties of government itself instead of properties of delinquent taxpayers,” added the letter of the PCGG.

Until now, the Marcoses have not yet paid their estate taxes believed to have reached P203 billion. The PCGG is also still trying to recover some P125 billion worth of ill-gotten wealth.

Former Supreme Court Senior Associate Justice Antonio Carpio warned that the amount might no longer be returned if Marcos wins as president.

“Nobody seems to hold him to account for that. If he becomes president, lalo na, goodbye na ‘yan,” said Carpio last January.

(PM)

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