THE Commission on Audit has rejected a claim for a P3.032-billion reward filed by a certain Danilo A. Lihaylihay who presented himself as a government informer in a tax evasion case.
In an Aug. 8 decision, the Commission Proper denied Lihaylihay’s petition for lack of jurisdiction.
The Bureau of Internal Revenue had jurisdiction over the claim, it said. His petition also smacked of forum shopping, the commission said.
According to Lihaylihay, he was entitled to a 25-percent share of the P3.6-billion settlement deal between BIR and the Bangko Sentral ng Pilipinas in July 2008 and in the P6.64-billion tax deficiency assessment paid by the latter based on a sworn information he filed with the BIR on April 24, 2006.
His sworn statement formed the basis for the BIR to assess the BSP for deficiency in remitting gross receipt tax in 2004 totaling P1.33 billion and final withholding tax of P858.623 million in 2004 and P7.371 billion from 2005 to 2007.
Commissioners Jose Fabia and Isabel Agito said Lihaylihay did not only file his claim before the wrong government agency, but he also previously tried to collect from BIR through a similar scheme.
“It appears that the claim filed before this Commission by Mr. Lihaylihay to collect the alleged informer’s reward was in view of the denial by the BIR of the same. The filing of such claim, aside from being infirm on jurisdictional grounds, must likewise fail due to forum shopping,” the decision read.
In 2007, Lihaylihay also filed a reward claim with the Sandiganbayan, saying that he must receive P6.25 billion from the proceeds of the sale of recovered shares of the Philippine Telecommunications Investment Corp. (PTIC).
He claimed that he held shares of Philtranco Service Enterprises Inc., a company supposedly belonging to the late President Ferdinand Marcos and his family.
The Presidential Commission on Good Government said Lihaylihay’s claim was baseless, adding that the P25-billion proceeds of the sale of the PTIC shares had been acquired by the government without Lihaylihay’s involvement.
Lihaylihay filed a certificate of candidacy to join the presidential race in the last May 9 elections, but the Commission on Elections declared him a nuisance candidate.
