All-female panel formed to probe Arroyo’s tax case
April 26, 2011
HE Department of Justice has created an all-female prosecution panel to conduct preliminary investigation on the P73.85-million tax evasion case filed against Ang Galing Pinoy party-list Representative Juan Miguel “Mikey” Arroyo and his wife Maria Angela.
Under Department Order 292 dated April 19, Senior Assistant State Prosecutor Lagrimas Agaran was designated as chair of the panel, with Assistant State Prosecutors Mederlyn Presa-Mangalindan and Ma. Cristina Barot as members.
In the order issued by Justice Secretary Leila de Lima, the panel was directed to file the corresponding pieces of information in court and handle its active prosecution if evidence warrants or probable cause was found against the respondent spouses.
Arroyo, son of Pampanga Representative Gloria Macapagal-Arroyo, and his wife were charged with violation of Section 254 (attempt to evade payment of tax) and 255 (failure to file or submission of incomplete or false returns) of the National Internal Revenue Code of 1997 for their alleged willful failure to declare their true incomes for the years 2003 to 2009 totaling P73.85 million, despite their acquisition of numerous properties here and abroad.
Investigations showed that the Arroyos bought real, personal, and other properties worth several millions from 2004 to 2009, including residential houses in the United States, Lubao, Pampanga and La Vista Subdivision in Quezon City; motor vehicles, stock shares, jewelries, clothes and other personal effects, as enumerated in Arroyo’s statement of assets, liabilities and networth (SALN) as of December 31 of the years 2002 to 2009.
“Despite receipt of substantial amounts of income, as shown by their acquisition of numerous properties, the Arroyo spouses repeatedly failed to file any annual income tax returns and to pay the corresponding taxes due thereon,” said Bureau of Internal Revenue (BIR) Commissioner Kim Henares.
The BIR said being a government official, Mikey’s only source of income is his salary.
However, for the taxable year 2004, the couple reported a net income of P2.4 million; P1.7 million in 2006; P376,000 for 2007; and declared no income and did not file his ITR for the years, 2005, 2008 and 2009.
For her part, Angela has a taxpayer’s identification number (TIN) for a one-time transaction, but being unemployed, did not file her tax return. This means that she was either selling a land or property, or shares of stocks.
For Angela to own shares in any company, she should earn money to buy those shares, even though she only registered as a tax payer in 2004, Henares said.
The Arroyos’ failure to file their ITR is evident of their fraudulent scheme to defeat payment of taxes.
Worse, the substantial underdeclaration of income of more than 30 percent in the years 2004, 2006 and 2007, is considered a prima facie evidence of fraudulent return, the BIR added.
If found guilty of violation of Section 254 of the NIRC, Henares said the Arroyos may be penalized for each count with P30,000 to P100,000 and jail term of two to four years; for violation of Section of 255, a fine of not less than P10,000 may be imposed and imprisonment of one to ten years.
Earlier, de Lima said she is giving the prosecution panel the leeway to evaluate whether there may be other charges that can be filed against Mikey, being a public official.
She said the mechanism for the mutual legal assistance treaty (MLAT) with the United State government may also be used in the tax case against the Arroyos, considering they have properties in the US, but this will have to be evaluated further before a request may be made.
The MLAT was recently applied by the DOJ in going after the US-based assets of former AFP comptroller Jacinto Ligot and his wife Erlinda, who were both facing a forfeiture case before the Sandiganbayan as well as a tax case at the justice department.
Rabusa was likewise named one of the respondents in the wholesale plunder case filed by former AFP budget officer George Rabusa, who blew the whistle on the corruption in the military, against top military personnel. (ECV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/04/25/all-female-panel-formed-probe-arroyos-tax-case-152021
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