Our problem in the Philippines is that we do not follow proper procedures and that this administration specifically, subscribe to the notion of the end justifying the means. We tend to forget the presumption of regularity, that the accused is presumed innocent unless proven otherwise and that the burden of proof is with the accuser rather than with the accused which are all necessary in order for a society not to fall into anarchy. In the case of Manny Pacquaio, the burden of proof that he did not pay taxes in the United States rests with the BIR. He should not be asked to prove that he did. If the BIR did their job of proving that Manny did not pay taxes in the US by contacting the IRS then the IRS would have come back to them stating whether he paid or not settling the issue. My fearless prediction in this case is that Manny will win this case in the proper court. The BIR has no legal basis for their assessment. The income was earned abroad and as such they need a document to prove the amount of the income earned. There could only be two sources for such documents. Bob Arum and the IRS. They have refused all documents coming from Bob Arum and if they get one from the IRS, that means taxes were paid. In the absence of a solid documentation as to the amount of income earned, their assessment based on public knowledge does not hold water because it is also public knowledge that in the US, a percentage prescribed by the IRS is withheld before any payment is made just like in the Philippines. The bottom line in this case is the ultimate objective. If it is only doing the job, then logic and reasons should be able to settle it easily. However, if it is political harassment and subjugation, then no amount of logic and reasons would be good enough. My prayer is that our people in government will learn to put their hearts in the right place.
Posted on: Fri, 29 Nov 2013 09:00:16 +0000
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