Ortega, Del Castillo, Bacorro Odulio, Calma & Carbonnel

June 25, 2007 BIR RULING [DA-349-07] Section 90 DA-195-2003 Ortega, Del Castillo, Bacorro Odulio, Calma & Carbonnel ALPAP I Bldg., 5th & 6th Floors 140 L.P. Leviste Street, Salcedo Village Makati City Attention: Atty. Monette Eloisa C. Fabros Gentlemen : This refers to your letter dated April 16, 2007 requesting for an extension of thirty (30) days from April 18, 2007 within which to file the estate tax return and pay the estate tax due thereon. It is represented that you act as counsel for the Estate of Tomas O. Del Castillo, Jr., who passed away on October 18, 2006; that the decedent was a resident of No. 126 Mr. Fairweather Street cor. Mt. Elgon Street, Filinvest Homes I, Batasan Hills, Quezon City; that the estate tax return is due for filing with the Bureau of Internal Revenue (RDO 39) on April 18, 2007; that you are currently in the process of gathering all the documentary requirements and attachments for the estate tax return; and that you anticipate that you will not be able to meet with the deadline, hence this request. In reply, please be informed that under Section 90 (B) and (C) of the Tax Code of 1997, the estate tax return is required to be filed within six (6) months from the decedent's death, and in meritorious cases, a reasonable extension not exceeding thirty (30) days for filing the return may be granted by the Commissioner of Internal Revenue. The payment of the estate tax or any part thereof shall be made upon the filing of the return or on such date as fixed if an extension is granted by the Commissioner, but in no case exceed five years in case the estate is settled through the courts, or two (2) years in case the estate is settled extrajudicially pursuant to Section 91 (B) of the Tax Code of 1997. Based on the aforementioned justifiable reasons, your request for an extension of thirty (30) days counted from April 18, 2007, which is the last day for filing of the estate tax return of the late Tomas O. Del Castillo, Jr., is hereby granted. Accordingly, the filing of the said estate tax return of the decedent is hereby extended up to May 18, 2007 pursuant to Section 90 (C) of the Tax Code of 1997. aHcACI In view of the foregoing, this Office has decided to forego within the 30-day period the imposition of the surcharge and penalties on the estate tax due on the transmission of the estate of the late Tomas O. Del Castillo, Jr. to his heirs. However, it shall be understood that the estate shall be liable for the corresponding interest that have accrued thereon up to the time of payment of the estate pursuant to Section 249 of the Tax Code of 1997. This ruling is being issued on the basis of the foregoing facts as represented. However, if upon investigation, it will be ascertained that the facts are different, then this ruling shall be considered void. Very truly yours, Commissioner of Internal Revenue By: (SGD.) JAMES H. ROLDAN Assistant Commissioner Legal Service