Beruflich Dokumente
Kultur Dokumente
1. NO. The compromise agreement between PNOC and BIR is void for being contrary to
law and public policy. PNOC could not apply for a compromise under E.O. 44 because its
tax liability was not a delinquent account or a disputed assessment. PNOCs tax liability
could not be considered a delinquent account because it was not self-assessed as the BIR
conducted an investigation after receiving information from Savellano. Nor is there a
deficiency assessment present. Neither PNOC or PNB conducted self-assessment, and
neither was there any tax assessment issued by the BIR. PNOC and PNB were both silent
about their tax liabilities until they were assessed thereon. Any attempt by PNOC and
PNB to assess and declare by themselves their tax liabilities had already been overtaken
by the BIR's conduct of its audit and investigation and subsequent issuance of the
assessments, against PNOC and PNB, respectively. Evidently, E.O. No. 44 applies only to
'disputed assessment or delinquent account pending as of December 31, 1985. This is not
an executive issuance meant to give blanket authority on the Commissioner of Internal
Revenue to compromise away tax liabilities. In fact, the 'cut-off period stipulated in the
executive order refers to a date nine months prior to the date of the promulgation of the
issuance, 4 September 1986.
2. YES. The withholding tax assessment against PNB had become final and unappealable.
The CTA and the CA declared as final and unappealable the assessment against PNB
since PNB failed to protest it within the 30-day prescribed period.
3. YES. Savellano is entitled to be paid the remainder of his informers reward. Savellano is
entitled to additional informers award since the BIR had already collected the full
amount of the tax assessment against PNB.