The Supreme Court en banc on Tuesday issued another temporary restraining order (TRO) against a Bureau of Internal Revenue (BIR) tax policy requiring self-employed professionals to submit an affidavit indicating rates and manner of billings, this time in favor of doctors. During summer sessions in Baguio City last April, the high court stopped the policys implementation among lawyers. SC Public Information Office chief and spokesman Theodore Te said the high court allowed the Philippine College of Physicians to intervene in a petition originally filed by the Integrated Bar of the Philippines contesting the new BIR policy. The subject of the injunction, BIR Regulation No. 4-2014 or the Guidelines and Policies for Monitoring of Services Fees of Professionals, requires all self-employed professionals to submit an affidavit indicating the rates, manner of billings, and the factors they consider in determining their service fees upon registration and every year thereafter on or before January 31. The Court acted on... the attached motion for intervention filed by the PCP... and (issued) a temporary restraining order against the BIR Revenue 4-2014, in favor of doctors this time, Te said. In its petition, the IBP argued that only courts have exclusive authority and jurisdiction to regulate and prescribe rules for the legal professions. According to the BIR policy, the professionals were also required to submit their books of accounts and official appointment books, containing the names of their clients and the dates and time of the meetings. The BIR also ordered lawyers to issue receipts even in pro-bono cases, indicating that a 100 percent discount was given. The lawyers association said the new BIR policy would violate the strictly personal, fiduciary and highly confidential client-lawyer relationship. Expectedly happy The Philippine College of Physicians was expectedly happy with the Supreme Court ruling. “We see a silver lining here. We, the medical doctors have taken the high road towards developing a culture of change to help the government’s advocacy in paying the right taxes. We assure the government that we will continue to lead our ranks in practicing honesty and transparency,” PCP president Dr. Anthony Leachon said in a statement. “On behalf of the medical doctors, I must thank Commissioner Kim Henares in providing us the support to comply with our obligation and pave the way for a partnership that restores pride and nobility in the medical profession. We are humbled by the SC decision, finding the PCP position meritorious and justifiable,” he added.
Posted on: Wed, 04 Jun 2014 05:48:39 +0000
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