By Dane Angelo M. Enerio
THE Department of Justice, in a subpoena dated April 11 and released to media on Tuesday, has directed Rappler Holdings Corp. (RHC) President Maria A. Ressa and Treasurer James C. Bitanga to appear at a first hearing on the company’s P133-million tax evasion complaint filed by the Bureau of Internal Revenue (BIR).
The subpoena signed by Assistant State Prosecutor Zenamar J.L. Machacon-Caparros directed Ms. Ressa and Mr. Bitanga “to submit your counter-affidavit and other supporting documents or affidavits of your witness/es, if any, to be sworn to before me on April 24, 2018 and May 7, 2018.”
They are to appear at 11:00 a.m. at the agency office located in Padre Faura, Manila.
“You are hereby, warned that failure on your part to comply with this subpoena shall be considered as a waiver to present your defense and the case shall be considered submitted for resolution based on the evidence on record,” read the subpoena.
The BIR on March 8 filed a criminal complaint against RHC and its officials for alleged tax evasion and providing inaccurate information on the company’s 2015 income tax return (ITR) and value-added tax returns (VAT).
The tax agency claimed RHC, which was discovered to have bought and sold Philippine Depositary Receipts (PDR), was subject to income tax (IT) and VAT as the company was now considered a dealer in securities.
An aggregate tax liability amounting to P133,841,305.75 million is being demanded by the BIR, which is inclusive of P91,320,481.08 in IT and P42,520,824.67 in VAT.
Also charged was accountant Noel A. Baladiang of R.G. Manabat & Co. for certifying RHC’s financial statements despite the clear omission and misstatement of RHC’s actual taxable income.

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