MANILA, Philippines (UPDATE) - The Department of Justice (DOJ) has found probable cause to indict so-called "pork barrel scam queen" Janet Lim Napoles and her husband, Jaime Napoles, before the Court of Tax Appeals (CTA) for tax evasion.
In an 18-page resolution dated March 13, obtained by ABS-CBN News, the DOJ, through Assistant State Prosecutors Stewart Allan Mariano and Mark Roland Estepa, said there was enough evidence to charge the couple for the combined tax liability of P61.18 million, as assessed by complainant Bureau of Internal Revenue (BIR).
"[A]fter preliminary investigation has been concluded, the gamut of evidence presented absolutely engendered a well-grounded belief that the crimes charged had 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."
"Respondent spouses Janet an Jaime Napoles' income tax liability for taxable years 2004, 2006, 2008, 2009, 2010, 2011 and 2012 amounts to [P44,711,147.48 millio] and [16,470,402.72 million]," the resolution read.
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, 2012.
The BIR alleged Mr. Napoles did not supply correct and accurate information in his ITR for 2009 and did not file ITR for 2004, 2006, 2008, 2010, 2011, and 2012.
The BIR used the expenditure method against the couple, allegeding 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 Arellano.
The couple's daughter Jeane Napoles is also facing a P17.8 million tax evasion case filed by the Department of Justice before the Court of Tax Appeals.