Real estate company faces P700-M tax evasion, illegal land deals query
Posted on | October 28, 2010 |
The Alagad Party-list has asked the House of Representatives to immediately conduct an exhaustive investigation, in aid of legislation, on a real estate company for possible violations of Republic Act 6657.
The violations allegedly deprived the government of, at least, P700 million worth of taxes.
RA 6657, otherwise known as the Comprehensive Agrarian Reform Program (CARP), aims to promote the welfare of landless farmers and farm-workers through social justice, which includes rural development and industrialization.
House Resolution 446, filed by Alagad Party-list Rep. Rodante D. Marcoleta, also asked Congress to direct the House committees concerned to conduct a joint inquiry on the issues of agrarian reform, housing, good government and finance.
The CARP is founded on the constitutional right of landless farmers and regular farm-workers to own directly or collectively the land they cultivate or, in the case of other farm-workers, to receive a just share of their produce.
Under CARP the government, through the Department of Agrarian Reform, awarded thousands of hectares of prime agricultural lands to several farmer-beneficiaries in Central Luzon, specifically in Mexico, Pampanga.
However, two years later, after the DAR awarded the Certificates of Land Ownership Award (CLOA) to the farmer-beneficiaries, the employees and sales agents of Nestor Mangio reportedly forced the farmer-beneficiaries to sign blank Deeds of Sale.
This, in effect, transferred the ownership and possession of their lands already covered by CLOA from their respective names to that of Central Country Estate Inc., which Mangio owned together with Binondo-based Chinese stockholders.
Hence, the said hectares of government-awarded land covered by CLOA were cancelled and transferred in the name of Central Country Estate Inc. and conveyed again in the name of Nobleman Properties Inc., both corporations owned and controlled by Mangio.
HR 446 filed on 22 September 2010, said this effectively hid the illegal cancellation of the CLOA titles without paying the Capital Gains Tax and Documentary Stamps Tax to the Bureau of Internal Revenue, the Transfer Tax in the Treasurers’ Office of Mexico, Pampanga and Registration Fees in the Registry of Deeds in San Fernando, Pampanga.
Section 27 of RA 6657, or the Comprehensive Agrarian Reform Act of 1988, expressly provides that lands acquired by farmer/beneficiaries under this Act may not be sold, transferred or conveyed, except through hereditary succession, or to the government or to the Land Bank of the Philippines or to other qualified beneficiaries for a period of 10 years.
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