update this thread now, alam ko na,,
March 26, 2012, Manila Peninsula Hotel, Makati City
Good morning friends from the media. Days from now, I will start training for my forthcoming fight which will require my full concentration and focus. I am therefore leaving you this heavy burden that has affected me and my family. I cannot train hard with excess baggage so after this press conference, I am leaving this matter to my lawyers who sit beside me here.
As all of you know, the BIR has filed a criminal case against me. Since its filing last March 1, 2012 with the Office of the City Prosecutor of Koronadal, I have kept my silence upon the advice of my counsel while the Bureau of Internal Revenue went to town and was generous in giving interviews with the media. After I have filed my counter-affidavit, I thought it was prudent on my part just to keep my silence and just allow the City Prosecutor to resolve the matter free from undue interference of public opinion.
However, my silence has generated so much innuendo coming mostly from those who swallowed hook line and sinker the BIR’s allegations as if they were gospel truths. I cannot fault their gullibility human as they are. I fault the BIR however. The institution of the case against me is plain and simple harassment. Contrary to public perception, I am not charged with Tax Evasion or Tax Fraud. That is farther from the truth. Over the years as a boxer, a product endorser and a businessman, I have not shortchanged the government for what it is due. Hence, it is with a heavy heart to hear that I was charged with tax evasion or tax fraud. It was even reported in international media that I shall follow Mayweather soon in jail. I don’t have that intention. I would rather see him inside the ring. The truth is, the case that the BIR filed against me refers to a violation of Section 266 of the National Internal Revenue Code which is for alleged failure and refusal on my part to submit more than 62 documents required by the BIR as contained in its subpoena duces tucem. Worse, the BIR has asked me also to submit other documents whose nature and kind are only known to them. I thought that a subpoena duces tecum must state with particularity the things to be produced but the BIR has asked me to also provide them “other documents”.
The case against me is without basis. As I did not receive the subpoena duces tecum, how can I be charged for violation thereof. On the contrary, it was the BIR who violated its very own Revenue Memorandum Order No. 88-2010 when it served the subpoena not to me personally but to a person whose name and identity is not known to me. Worse, the records of the case reveal that it was served in General Santos City. Had it escaped the mind and common sense of the BIR that I am a resident of Kiamba and have my field congressional office at Alabel, both in Sarangani Province?
The Regional Director of the BIR who initiated the filing of the case was interviewed just lately that the case filed against me is not harassment. The records of the case tell otherwise, thus:
1. The BIR issued a Letter of Authority against me last November 11, 2011. Aside from the fact that it was also erroneously served in General Santos City and to a person whose identity and whereabouts are not known to me, which are again violations of Revenue Memorandum Order No. 88-2010, it was served at that very time I was fighting Juan Manuel Marquez in Las Vegas. Why would the BIR then served the Letter in General Santos City when the whole world knew I was fighting for the country’s glory in the United States? Kahit iilang araw man lamang pagkatapos ng aking laban, hindi po nakapaghintay ang BIR para maihain ang sulat sa akin ng personal.
2. While the period of investigation was still subsisting, and in gross violation of my rights under the letter of authority, the BIR issued a subpoena duces tecum commanding me to produce papers and documents of my sources of income including my fights with Antonio Margarito and Joshua Clottey. I cannot think of any reason why they were required except to tax me.
Unless the rules have been especially changed for me, the BIR must be told that I cannot be taxed here anew for these fights for I have already been taxed in the US. Otherwise, it will be a case of double taxation;
3. I was told that the BIR filed cases of similar nature against a number of individuals all over the country. Unlike them, it was only in my case that the BIR had a press conference telling everyone that I have been charged. Why the BIR has singled me out smacks of bad faith designed to tarnish my reputation. Dugo at pawis po ang naging puhunan ko para maging Manny “Pacman” Pacquiao na kinikilala sa buong mundo. Itinaya ko po ang aking buhay sa loob ng ring para makapag bigay ng karangalan sa Pilipino saan mang panig ng mundo. But in just one instance, the BIR has tarnished my name with its filing of a criminal case against me. Mabuti pa ho ang Internal Revenue Service ng Amerika. Tinrato nila ako ng may pag galang subalit ang sariling BIR mismo ng Pilipinas ay walang pagpahalaga sa karapatan ng tao. Higit bang mas matimbang sa kanila ang buwis kaysa sa pag-galang sa karapatang pantao? Hindi ho siguro ito matuwid na daan. Just lately, the BIR said that paying a large amount does not necessarily mean you are paying the correct amount. In behalf of the top taxpayers who were previously given awards by the BIR, let me say this to the B IR: You just tarnished the names of top taxpayers. You put undue doubt to the good faith of those who paid large amount by insinuating that they did not necessarily mean paid the correct taxes.
4. I urge the BIR to stop this cavalier attitude. It is not fair. It is not right. Kung nagawa ninyo mismo sa akin na dungisan ang aking pangalan, tiyak na kaya rin ninyong gawin sa ordinaryong mamamayan. Naranasan ko na ang magutom. Naranasan ko na ang karangyaan. Ngayon naranasan ko na kung paano alipustain ng gobyerno. Pero katulad ng mga Pilipinong inaapi at inaalipusta, I shall rise to the occasion. I shall fight this case to the finish until the last and final round. Lalaban ako sa totoong daan na matuwid na may pagpahalaga sa karapatan ng tao.
KATIGAN NAWA AKO NG DIYOS.
Official Press Statement of Sarangani Rep. Emmanuel D. Pacquiao on the BIR Issue | The Official Political Website of Hon. Emmanuel "Manny" D. Pacquiao