Charged

Actor Richard Gomez is charged with tax evasion for failure to declare his income for four years.


The Department of Justice (DOJ) today recommended the filing of tax evasion charges against actor Richard Gomez at the Court of Tax Appeals after it found probable cause that the actor "feloniously fail to file his income tax return with the Bureau of Internal Revenue."

The information sheet signed by Prosecutor Lawrence Chua-Cheng accused Gomez of not filing his income tax return for the years 2000 up to 2003.

The charge stemmed from a complaint by the BIR filed on April 14, 2005.

Investigations conducted by the BIR revealed that the actor earned some P3-million pesos from the year 2000 up to 2003. He earned P1,822,222.18 from ABS-CBN2 in 2001; P1,022,222.22 from ABS-CBN2 and GMA7 in 2002; and P166,666.70 from ABS-CBN2 in 2003.

Gomez had earlier claimed that he did not file his income tax for the years 2000, 2001 and 2002 because he had no income.

In 2003, he said he had donated his earning to Harte-Beest Inc., a company which Gomez had divested from in favor of his manager Douglas Quijano.

Constitutional Crisis?

A group of lawyers today warned that an executive order issued by the President yesterday may bring about a constitutional crisis because it is an "encroachment on the authority" of Congress to investigate.

Alternative Lawyers Group, Inc., a group of 17 legal research non-government organization said E.O. 464 limits the power of the Congress to investigate.

"It is unconstitutional. It's an upfront of the authority of the Senate," Atty. Marlon Manuel, the group's spokesperson said.

He added that they are studying the possibility of raising the question to the Supreme Court.

But Justice Secretary Raul Gonzalez, Jr. defended the order.

"Why (will there be a constitutional crisis?)? It did not say we will not appear in investigations. It merely says that when we are called on, we have to seek the permission of the President," Gonzalez said.

He disclosed that he was part of the core group of cabinet members who crafted the executive order. He was with Executive Secretary Eduardo Ermita, Presidential Chief Legal Counsel Merceditas Gutierrez, and National Defense Secretary Avelino Cruz.

Gonzalez said that the order was constitutional as it has been provided for in Ssec. 22, Art. 6 of the Constitution.

Former President Corazon Aquino, Gonzalez said, has issued a similar order. Memorandum Order No. 112 was issued on September 29, 1987 (Arroyo's was issued on September 28, 2005).

"For those who feel that a constitutional crisis will be reached, you can go to Court," Gonzalez dared.

No Stopping Now, Take-Over Draft Ready

Justice Secretary Raul Gonzalez, Jr.
Originally uploaded by josephthaddeus.

Justice Secretary Raul Gonzalez Jr. disclosed today that the legal research conducted to find basis for a government takeover of public utilities has ended and that a five-page document has already been prepared.

Gonzalez refused to divulge the contents of the document to justice reporters but assured that the document was not a pre-cursor to a declaration of Martial Law as was the fear of some sectors.

"It's ready. I can just pull it out the moment the President needs it. Martial Law was not contemplated there. We're not even thinking of emergency powers," Gonzalez said.

Cebu Cong. Tony Cuenco earlier told Gonzalez to stop what he called a "Machiavellian research."

"Who is he to tell me what to do? You are just creating your own Frankenstein monster. They're the ones scaring the wits out of people" Gonzalez refuted.

Gonzalez reiterated that the document just outlined the legal basis for a take-over in case a crisis breaks out.

The take-over, he said, is justified by Article 12, sec. 17 of the Constitution.

Malacañang meanwhile said, that it knows of Gonzalez' research and found nothing objectionable.

Executive Secretary Eduardo Ermita said it was perfectly normal for any department secretary to conduct pro-active studies.

No Martial Law; Gov't Takeover, Yes

Two officials of the Department of Justice today faced justice reporters to deny allegations by ex-Solicitor General Frank Chavez that they had drafted a document which was short of proclaiming martial law.

Atty. Benny Nicdao, Justice Secretary Raul Gonzalez' chief of staff, and State Prosecutor Jaime Umpa said it was impossible for them to have been entrusted (to draft) such a "sensitive document."

"There's no truth to the claim that there is a draft proclamation of martial law," Nicdao said.

But Nicdao did confirm that Gonzalez instructed them to explore all possible options, not for a martial rule, but a government takeover of public utilities such as power and oil corporations.

Gonzalez said that he thought of exploring legal justification for such an act just in case President Gloria Arroyo seeks it.

"Si Presidente mabigat magtanong. (She throws very difficult questions). And if she answers for you, mapapahiya ka (it's embarrassing)," Gonzalez said.

He said he asked Nicdao to look into Article 12, sec. 17 of the
Constitution. The section grants the President the power "during the emergency and under reasonable terms prescribed by it, (to)temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

"If she declares martial law, I will be the first one to resign. But there's no such plan. His source is pulling his leg and briefs," Gonzalez said.

Chavez on Saturday divulged that one of his sources in the justice department told him that Nicdao was preparing the draft. Two others sources outside the deparment have confirmed the existence of the document, he said, but admits that he didn't have an actual copy of the rumored proclamation.

watch news video report here at iGMA.tv

The Lazarus Act

Lawyers Seek SC Help in Reviving Impeach Move

Pro-impeachment lawyer Atty. Harry Roque and several others including Cebu Representative Clavel Martinez (4th District, Cebu) today sought the intervention of the Supreme Court in reviving the amended impeachment complaint.

In their petition for certiorari, the lawyers argued that the original Lozano complaint should not have been recognized by the House Committee on Justice because it was "stricken with a basic jurisdictional defect."

They argued that the complaint cannot be considered as properly verified and endorsed by a member of the House of Representatives. The petition stated that the constitution requires that a complaint be filed and endorsed at the same time. They contend that the Lozano complaint was endorsed by Rep. Rodante Marcoleta, two days after it was filed.

"This is a jurisdictional defect that effectively deprives the House of Representatives of any jurisdiction over the original Lozano complaint," the petition said.

The petitioners insisted that it was only the amended complaint which was sufficient in form and substance.

They asked the Supreme Court to nullify the act of the House of Representatives and direct the House of Representatives to remand the amended complaint to the Committee on Justice.

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