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gross and habitual negligence

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1 gross and habitual negligence on Sun Mar 20, 2016 11:42 pm


Arresto Menor
Dear Atty.,
i am a tax declarant on a private firm for more than five years. On jan. 2014 i made incorrect declaration due to wrond invoice currency used that resulted to overpayment of our client to the govt of 10M pesos. Comes june 2015 another wrong computation for incorrect invoices used with overpayment of 14M pesos. A memo was served for the firstcase on feb2015 with grounds of gross negligence resulting to financial loss of more than php50k and or lawsuit and or loss of client with a sanction of dismissal where i was able to provide reply memo but havent received any feedback on such case until now. No memo yet for the second one.
my questions are:
1. Is there any liability of the companys licensed broker whose name and signature bears on the import entry used for wrong declarations? He is pre signing the documents and we just have to print there the declarations.
2. Can the client sue the company to pay above amounts even there is a stipulation on service agreement/ contract that the company will not be liable for any act it made with a written approval from them? They provide approval to proceed wrong declarations thru email.
3. Is the above memo correct to be served even there is no financial loss and or lawsuit and client is still engaging business with the company?
4. Are the above errors enough to be considered as gross and habitual neglience for my termination?

Thank you...hoping for your help.

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