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QC court junks tax case vs actor John Lloyd Cruz
Written by staff   
Monday, 09 August 2010 01:25

The Quezon City Metropolitan Trial Court has junked the tax case filed by the government against young actor John Lloyd Cruz due to technicalities and lack of probable cause.

QCMTC Branch 33 president Judge Alfredo Ampuan dismissed the charges after the Bureau of Internal Revenue (BIR) “failed to observe its own rule in serving the subpoena duces tecum."

The BIR charged Cruz, who is under ABS-CBN, of violations of Sections 15 and 14 in relation to Section 266 of the Tax Reform Act of 1997 for his alleged failure to present to the bureau his books of accounts and other accounting records for the year 2004.
In his motion, the actor argued that he did not personally receive the subpoena duces tecum issued by the BIR asking him to appear and present his books of accounts.

Cruz said records would show that the subpoena was received by a person — his lawyer, in fact — other than him.

“It is incumbent upon complainant BIR to establish by clear and convincing evidence that accused was duly summoned by them pursuant to a valid subpoena. There is no such proof at hand. To hail the accused in court now will be violative of the elementary principles of procedural due process which mandates notice to the party primarily affected," part of Cruz’s motion read.

The BIR, in its comment and opposition, claimed it had validly issued a subpoena duces tecum against Cruz through his representative, Marc Perez, who is also the actor’s legal counsel.

It noted that it was even Perez who appeared before the revenue district office in the tax investigation conducted by Revenue District Office No. 39-South Quezon City.

“In the instant case, it was the very counsel of John Lloyd Cruz who received the subpoena duces tecum and on behalf of the accused. The accused could not therefore excuse himself from compliance with the subpoena by the mere allegations of his counsel in his motion as the said counsel acted for and on behalf of the accused in all of his dealings with the BIR," the bureau said.

Ampuan, however, gave more credence on the arguments of the accused in claiming the subpoena was not personally served to him.

source



Tags: court  junks  tax  case  actor  john  lloyd  cruz  controversies  the  

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