REVENUE MEMORANDUM ORDER NO. 10-2013 issued on April 22, 2013
prescribes the revised guidelines and procedures in the issuance and enforcement of Subpoenas
Duces Tecum (SDT) and the prosecution of cases for non-compliance therewith.
The Order shall cover the following persons/entities enumerated under Section 5 of the
National Internal Revenue Code (NIRC), as amended, to wit:
a. Person liable for tax or required to file a return or any officer or employee of such
person, or any person having possession, custody, or care of the books of accounts
and other accounting records containing entries relating to the business of the person
liable for tax; and
b. Any person other than the person whose internal revenue tax liability is subject to
audit or investigation, or from any office or officer of the national and local
governments, government agencies and instrumentalities, including the Bangko
Sentral ng Pilipinas and Government-Owned or Controlled Corporations (GOCCs).
The Head of the Revenue District Office/Large Taxpayers Audit Division/Large
Taxpayers District Office/National Investigation Division/Special Investigation Division
concerned or any other officer duly delegated by the Commissioner (e.g., Head of the Letter
Notice Task Force) shall make a written notice to any of the persons enumerated above to
provide information or the pertinent books of accounts, accounting records and particular or
In case the information or records requested are not furnished within the period
prescribed in the written notice, or when the information or records submitted are incomplete, the
concerned Revenue Officer conducting a verification or investigation (covered by a
Memorandum Order, Mission Order, Letter of Authority, Tax Verification Notice or Letter
Notice) shall request for the issuance of SDT from the following through a Memorandum
Report, stating therein the relevant facts, specifying the particular documents or records not
made available to him and the taxpayer liable or the third party/office concerned:
a. Assistant Commissioner, Enforcement and Advocacy Service, through the
Prosecution Division – for the National Office;
b. Assistant Commissioner, Large Taxpayers Service, through the Prosecution Division
– for taxpayers under the jurisdiction of the Large Taxpayers Service, including Large
Taxpayers District Offices;
c. Revenue Regional Directors, through the Legal Divisions – for the Regional Offices;
d. Any other officer duly delegated by the Commissioner.
In case the request for issuance of SDT is found to be meritorious, the SDT shall be
issued to the person liable for tax or required to file a return, or should the information or records
be in the possession of a third party or office, then in that party’s name, requiring the concerned
person to appear and submit before the signatory of the SDT the mandated
information/documents at an appointed time, date and place.
In case of corporations, partnerships or associations, the SDT shall be issued to the
partner, president, general manager, branch manager, treasurer, registered officer-in-charge,
employee/s or other persons responsible for the custody of the books of accounts and other
accounting records mandated to be submitted or information mandated to be provided. To
ascertain the names of the incumbent of the aforesaid positions, the concerned Revenue Officers
may access, among others, the latest General Information Sheet filed by the corporation with the
Securities and Exchange Commission.
If the concerned party is the national and local government, government agencies and
instrumentalities, including the Bangko Sentral ng Pilipinas and GOCCs, the SDT shall be issued
to the head of such office, agency, instrumentality, political subdivision or GOCC. If the head
shall comply through a representative, the latter shall present the SDT, written authorization
letter from the head, and sufficient proof of identification.
The compliance date for the submission of books of accounts and other accounting
records shall be set on the 14th day from date of issuance of the SDT, which shall be the date
when it was officially signed.
The SDT shall be served by the concerned Revenue Officers within three (3) days from
receipt thereof by delivering personally a copy of the SDT to the party at his registered or known
address or wherever he may be found.
In case personal service is not practicable, the SDT shall be served by substituted service
or by mail. Substituted service can be resorted to when the party is not present at the registered
or known address under the following circumstances:
a. The SDT may be left at the party’s registered address, with his clerk or with a person
having charge thereof.
b. If the known address is a place where business activities of the party are conducted,
the SDT may be left with his clerk or with a person having charge thereof.
c. If the known address is the place of residence, substituted service can be made by
leaving the copy with a person of legal age residing therein.
d. If no person is found in the party’s registered or known address, the revenue officers
concerned shall bring a barangay official and two (2) disinterested witnesses to the
address so that they may personally observe and attest to such absence. The SDT
shall then be given to said barangay official. Such facts shall be contained in the
bottom portion of the SDT, as well as the names, official position and signatures of
e. Should the party be found at his registered or known address or any other place but
refuse to receive the SDT, the Revenue Officers concerned shall bring a barangay
official and two (2) disinterested witnesses in the presence of the party so that they
may personally observe and attest to such act of refusal. The SDT shall then be given
to said barangay official. Such facts shall be contained in the bottom portion of the
SDT, as well as the names, official position and signatures of the witnesses.
Service by mail is done by sending a copy of the SDT by registered mail to the registered
or known address of the party with instruction to the Postmaster to return the mail to the sender
after ten (10) days, if undelivered. A copy of the SDT may also be sent through reputable
professional courier service. If no registry or reputable professional courier service is available in
the locality of the addressee, service may be done by ordinary mail.
The server shall accomplish the bottom portion of the SDT. He shall also make a written
report under oath before a Notary Public or any person authorized to administer oath under
Section 14 of the NIRC, as amended, setting forth the manner, place and date of service, the
name of the person/barangay official/professional courier service company who received the
same and such other relevant information. The registry receipt issued by the post office or the
official receipt issued by the professional courier company containing sufficiently identifiable
details of the transaction shall constitute sufficient proof of mailing and shall be attached to the
The concerned Revenue Officers are required to be present during the appointed time,
date and place set for the presentation of the books of accounts and other accounting records in
order to check if the records presented are the complete records being required as stated in the
SDT. Non-compliance therewith shall subject violators to administrative liability.
Upon verification by the concerned Revenue Officers that the records presented are
substantially complete, the documents presented shall be consolidated with the records of the
case and shall be referred back to the appropriate office for continuation of the investigation. The
concerned Revenue Officer shall submit a written report to the issuing office that the
documents/records indicated in the SDT have been submitted or that there was either no
submission or that the documents presented were so incomplete.
In case there is no submission or incomplete presentation of the required books of
accounts and other accounting records, the action lawyer assigned to the case shall request the
concerned Revenue Officers for a conference on the 5th working day from the date set for
compliance with the SDT. The Revenue Officers shall work jointly with the action lawyer in
documenting/gathering evidence/s for the criminal prosecution of the individual who disobeyed
Within seven (7) working days from the said conference, the action lawyer shall prepare
a Letter-Complaint addressed to the Office of the Prosecutor, recommending the criminal
prosecution of the individual taxpayer or third party; or the responsible officer/s or partner/s,
who disobeyed the SDT for violation of Section 266 (“Failure to Obey Summons”) of the NIRC,
as amended, together with the Complaint-Affidavit and its supporting evidentiary documents,
properly marked. If the taxpayer concerned is a corporation, an association or a general copartnership, the sanctions mandated under Section 256 (“Penal Liabilities of Corporations”) of
the NIRC, as amended, shall likewise be imposed and invoked in the filing of a criminal case.
The Letter-Complaint, together with the Complaint-Affidavit and its attachments, shall then be
routed to the appropriate office/s for review and signature of the concerned revenue official/s.
Once the Complaint-Affidavit has been filed for violation of Section 266 (“Failure to Obey
Summons”) of the NIRC, as amended, no prosecuting officer of the BIR shall cause the
withdrawal or dismissal of the case, notwithstanding the subsequent submission of documents
indicated in the SDT.
In the preparation of the Complaint-Affidavit, the Revenue Officers, as the persons who
have personal knowledge of the non-compliance with the SDT shall be the complainants. In the
preparation of the Letter-Complaint to the Office of the Prosecutor, the Regional Director for
SDTs issued by the Revenue Regions and the Deputy Commissioner for Legal and Inspection
Group for SDTs issued by the Enforcement and Advocacy Service and the Large Taxpayers
Service, shall be the signatories. Upon return of the duly signed Letter-Complaint, together with
the Complaint- Affidavit and its attachments to the originating office, it shall then be
immediately filed with the Office of the Prosecutor that has jurisdiction over the case.