Supplement to BIR Ruling No. 135-94

September 1, 1994 BIR RULING NO. 135-A-94 MEMORANDUM FOR : The Commissioner RE : Mr . Jose Ma . Ossorio In connection with the Memorandum dated January 31, 1992 of Head Revenue Executive Assistant Saga, counsel of the above captioned taxpayer refuted the objections of Atty. Saga to the alleged vital interest of the taxpayer in Victorias Milling Company, Inc. and his suggestion that taxpayer could be maintaining a permanent home in the Philippines, thus making him a resident of the Philippines by submitting the following attached documents: 1. Certification issued by the City Assessor of Bacolod, Negros Occidental dated May 15, 1992, to prove that Don Jose Ma. Ossorio does not own real properties in Bacolod, Negros Occidental. 2. Certification issued by the Central Bank of the Philippines dated June 15, 1992 stating that Don Jose Ma. Ossorio is classified as a non-resident alien, and all cash dividends accruing to his shares were remitted net of withholding tax. 3. Certification issued by the Bureau of Immigration dated May 8, 1992 showing that for the period 1989 Don Jose Ma. Ossorio entered the Philippines only twice and stayed in the country for not more than 37 days and for the period 1990 and 1991, Don Jose Ma. Ossorio did not enter the country. 4. Treasurer's Certificate executed by Mr. Rolando C. Rodriguez, Treasurer of Victorias Milling Company, Inc. dated July 29, 1992 attesting to the fact that (VMC) the interest of Don Jose Ma. Ossorio represents only 1.37% of the outstanding shares of VMC and he is classified as a non-resident stockholder in the books of the company and any cash dividends accruing to his shares have been remitted to the United States, net of withholding taxes for the period 1990 and 1991. In view thereof, it is believed that the draft ruling on the matter is in order and therefore should be given due course. ALICIA P. CLEMENO Acting Assistant Commissioner (Legal Service)