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DOJ finds probable cause to indict Napoles couple for PhP61.18-M tax evasion

Posted on March 30, 2015

MANILA, March 30 (PNA) — The Department of Justice (DOJ) said it has found probable cause to indict businesswoman Janet Lim Napoles and her husband, Jaime Napoles, before the Court of Tax Appeals (CTA) for tax evasion in the total amount of PhP61.18 million.

Mrs. Napoles is the alleged “brains” behind the PhP10-billion pork barrel and PhP900-million Malampaya Fund scams.

In an 18-page resolution dated March 13, 2015, the DOJ, through Assistant State Prosecutors Stewart Allan Mariano and Mark Roland Estepa, said there was enough evidence to charge the Napoles couple for the combined tax liability of PhP61.18 million, as assessed by complainant Bureau of Internal Revenue (BIR).

“After preliminary investigation has been concluded, the gamut of evidence presented absolutely engendered a well-grounded belief that the crimes charged have been committed, and that respondent spouses should be held for trial for violation of Sections 254 (Attempt to Evade or Defeat Tax) and 255 (Failure to File Return, Supply Correct and Accurate Information, Pay Tax) of the National Internal Revenue Code, as amended,” the DOJ resolution said.

“Respondent spouses Janet and Jaime Napoles’ income tax liability for taxable years 2004, 2006, 2008, 2009, 2010, 2011 and 2012 amounts to PhP44,711,147.48 and PhP16,470,402.72,” it added.

In its complaint, the BIR alleged that Mrs. Napoles did not supply correct and accurate information in her income tax returns (ITRs) for 2004, 2006, 2008, 2009 and did not file ITRs for 2010, 2011 and 2012.

On the other hand, her husband allegedly did not supply correct and accurate information in his ITR for 2009 and did not file ITRs for 2004, 2006, 2008, 2010, 2011 and 2012.

The BIR used the expenditure method against the couple, alleging that they purchased real properties, motor vehicles and other investments that exceeded their declared incomes during the mentioned periods.

The resolution was approved by Senior Assistant State Prosecutor Susan Dacanay and Prosecutor General Claro A. Arellano. (PNA)

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