The Makati City local government announced on Monday, April 1, that it has filed graft charges against three Taguig City government employees before the Office of the Ombudsman due to delays in the release of various tax clearance documents.
According to the 10-page complaint filed by Makati City, Taguig City employees, identified as Taguig City Treasurer Voltaire Enriquez and city employees Jessie Garcia and Erika Macaligtas, allegedly violated the Anti-Graft and Corrupt Practices Act, Grave Misconduct, Gross Neglect of Duty, and Conduct Prejudicial to the Best Interest of the Service.
The case stems from the 11-month delay in the release of tax clearance documents by the Taguig City Treasurer’s Office for three parcels of land purchased by Makati City from the Bases Conversion and Development Authority (BCDA) at a cost of P146,503,273.
“The Taguig City Government has shown on many occasions a contemptuous disregard for the law. Aside from the unjustifiable delay in the release of tax clearance documents, they have harassed our employees and are now facing charges of illegal detention and grave coercion. Their obsession to grab properties owned by Makati seems to have compromised their judgement, public conduct, and sense of decency," Makati City Mayor Abby Binay said.
She explained that after completing the transaction and paying taxes due to the national government, it obtained from the Bureau of Internal Revenue (BIR) the Certificate Authorizing Registration for the Transfer Certificate of Title, however, in order to process the transfer of the title to Makati City, the Register of Deeds for Taguig City required the submission of the Tax Declarations of the three parcels of land, Local Tax Clearances for Taguig City and Proof of Payment of Local Transfer Taxes.
"While the tax declaration documents were easily obtained, there was inordinate delay in securing the tax clearance and assessment for the payment of local transfer taxes. During the series of follow ups, the respondents only said that the application for tax clearance is still pending with the City Treasurer’s Office but offered no acceptable reason for the delay," the Makati local government unit (LGU) said.
“Despite having certified true copies of the tax declarations, we have yet to obtain the tax clearance documents or a tax assessment of possible taxes due to the City of Taguig. We have repeatedly followed up and sent a letter request on May 05, 2023 but the respondents intentionally delayed the procedure,” the complaint stated, adding that under Taguig City’s Citizen’s Charter, it should only take the City Treasurer’s Office three working days for individuals and five working days for corporations.
Makati City stressed that failure to process the tax clearance is patently unlawful, neglectful, and unwarranted. It added that the respondents’ deliberate and willful inaction on a valid request clearly showed their discrimination and bias against Makati City.
“The procedure for processing tax clearance is fairly standard and uncomplicated, and does not require an unjustified 11 or more months to process the requests,” the complaint read.
It also said that the three respondents are being charged with violating Section 3f of the Anti-Graft and Corrupt Practices Act which states: “Neglecting or refusing, after due demand or request without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.”
Makati City's complaint also said Taguig City employees are administratively liable for grave misconduct, gross neglect of duty, and conduct prejudicial to the best interest of the service.
“Their conduct affects not just the City of Taguig but all the persons dealing with their office. Likewise, their improper and imprudent acts will tend to undermine people’s faith and confidence in our government,” the complaint read.