CHAPTER II
MCJ 205
CRIMES, OTHER OFFENSES AND FORFEITURES SEC. 253. General Provisions. $a% !ny person convicted of a crime penalized &y this Code shall# in addition to &eing lia&le for the payment of the ta'# &e su&(ect to the penalties imposed herein) Provided, *hat payment of the ta' due after apprehension shall not constitute a valid defense in any prosecution for violation of any provision of this Code or in any action for the forfeiture of unta'ed articles $&% !ny person who willfully aids or a&ets in the commission of a crime penalized herein or who causes the commission of any such offense &y another shall &e lia&le in the same manner as the principal $c% +f the offender is not a citizen of the Philippines# he shall &e deported immediately after serving the sentence without further proceedings for deportation +f he is a pu&lic officer or prescri&ed for the offense shall shall &e dismissed from the dis,ualified from holding any participate in any election employee# the ma'imum penalty &e imposed and# in addition# he pu&lic service and perpetually pu&lic office# to vote and to
+f the offender is a Certified Pu&lic !ccountant# his certificate as a Certified Pu&lic !ccountant shall# upon conviction# &e automatically revo-ed or cancelled $d% +n the case of associations# partnerships or corporations# the penalty shall &e imposed on the partner# president# general manager# &ranch manager# treasurer# officer.in.charge# and the employees responsi&le for the violation $e% *he fines to &e imposed for any violation of the provisions of this Code shall not &e lower than the fines imposed herein or twice the amount of ta'es# interest and surcharges due from the ta'payer# whichever is higher
SEC. 265. .ffenses Relatin' to Stamps. - !ny person who commits any of the acts enumerated hereunder shall# upon conviction thereof# &e punished &y a fine of not less than *wenty thousand pesos $P20#000% &ut not more than 4ifty thousand pesos $P50#000% and suffer imprisonment of not less than four $3% years &ut not more than eight $>% years) $a% ma-ing# importing# selling# using or possessing without e'press authority from the Commissioner# any die for printing or ma-ing stamps# la&els# tags or playing cards7$&% =rasing the cancellation mar-s of any stamp previously used# or altering the written figures or letters or cancellation mar-s on internal revenue stamps7$c% Possessing false# counterfeit# restored or altered stamps# la&els or tags or causing the commission of any such offense &y another7$d% Selling or offering for sale any &o' or pac-age containing articles su&(ect to e'cise ta' with false# spurious or counterfeit stamps or la&els or selling from any such fraudulent &o'# pac-age or container as aforementioned7 or$e% Giving away or accepting from another# or selling# &uying or using containers on which the stamps are not completely destroyed Sec. 266. Failure to .$ey Summons. - !ny person who# &eing duly summoned to appear to testify# or to appear and produce &oo-s of accounts# records# 7
SEC. 268. .t"er Crimes and .ffenses. ) (A %isdeclaration or %isrepresentation of %anufacturers Su$0ect to Excise Tax.- !ny manufacturer who# in violation of the provisions of *itle "+ of this Code# misdeclares in the sworn statement re,uired therein or in the sales invoice# any pertinent data or information shall &e punished &y a summary cancellation or withdrawal of the permit to engage in &usiness as a manufacturer of articles su&(ect to e'cise ta' (! Forfeiture of Property (sed in (nlicensed +usiness or Dies (sed for Printin' False Stamps, Etc. - !ll chattels# machinery# and remova&le fi'tures of any sort used in the unlicensed production of articles su&(ect to e'cise ta' shall &e forfeited @ies and other e,uipment used for the printing or ma-ing of any internal revenue stamp# la&el or tag which is in imitation of or purports to &e a lawful stamp# la&el or tag shall also &e forfeited (C Forfeiture of Goods lle'ally Stored or Removed. ) Unless otherwise specifically authorized &y the Commissioner# all articles su&(ect to e'cise ta' should not &e stored or allowed to remain in the distillery warehouse# &onded warehouse or other place where made# after the ta' thereon has &een paid7 otherwise# all such articles shall &e forfeited !rticles withdrawn from any such place or from customs custody or imported into the country without the payment of the re,uired ta' shall li-ewise &e forfeited 8
"ENA#TIES IM"OSED ON "U!#IC OFFICERS SEC. 269. 1iolations Committed $y Government Enforcement .fficers. ) =very official# agent# or employee of the 8ureau of +nternal Bevenue or any other agency of the Government charged with the enforcement of the provisions of this Code# who is guilty of any of the offenses herein &elow specified shall# upon conviction for each act or omission# &e punished &y a fine of not less than 4ifty thousand pesos $P50#000% &ut not more than One hundred thousand pesos $P100#000% and suffer imprisonment of not less than ten $10% years &ut not more than fifteen $15% years and shall li-ewise suffer an additional penalty of perpetual dis,ualification to hold pu&lic office# to vote# and to participate in any pu&lic election) $a% ='tortion or willful oppression through the use of his office or willful oppression and harassment of a ta'payer who refused# declined# turned down or re(ected any of his offers specified in paragraph $d% hereof7$&% :nowingly demanding or receiving any fee# other or greater sums that are authorized &y law or receiving any fee# compensation or reward# e'cept as &y law prescri&ed# for the performance of any duty7$c% 6illfully neglecting to give receipts# as &y law re,uired# for any sum collected in the performance of duty or willfully neglecting to perform any other duties en(oined &y law7$d% Offering or underta-ing to accomplish# file or su&mit a report or assessment on a ta'payer without the appropriate e'amination of the &oo-s of accounts or ta' lia&ility# or offering or underta-ing to su&mit a report or assessment less than the amount due the Government for any consideration or compensation# or conspiring or colluding with another or others to defraud the revenues or otherwise violate the provisions of this Code7$e% 9eglecting or &y design permitting the violation of the law &y any other person7$f% Ma-ing or signing any false entry or entries in any &oo-# or ma-ing or signing any false certificate or return7 $g% !llowing or conspiring or colluding with another to allow the unauthorized retrieval# withdrawal or recall of any return# statement or declaration after the same has &een officially received &y the 8ureau of +nternal Bevenue7 $h% Caving -nowledge or information of any violation of this Code or of any fraud committed on the revenues collecti&le &y the 8ureau of +nternal Bevenue# failure to report such -nowledge or 9
) !ny internal revenue officer who is or shall &ecome interested# directly or indirectly# in the manufacture# sale or importation of any article su&(ect to e'cise ta' under *itle "+ of this Code or in the manufacture or repair or sale# of any die for printing# or ma-ing of stamps# or la&els shall upon conviction for each act or omission# &e punished &y a fine of not less than 4ive thousand pesos $P5#000% &ut not more than *en thousand pesos $P10#000%# or suffer imprisonment of not less than two $2% years and one $1% day &ut not more than four $3% years# or &oth SEC. 272. 1iolation of !it""oldin' Tax Provision. ) =very officer or employee of the Government of the Bepu&lic of the Philippines or any of its agencies and instrumentalities# its political su&divisions# as well as government. 10
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