Bamban, Tarlac Mayor Alice Guo in a Senate hearing in Pasay City on May 22, 2024. Mark Demayo, ABS-CBN News/File 

MANILA – The  Bureau of Internal Revenue on Wednesday filed a P500,000 tax evasion complaint against dismissed Bamban, Tarlac Mayor Alice Guo and other individuals. 

The tax bureau said the complaint stemmed from Guo's admission that  she transferred her shares in Baofu Land Development Inc. to a certain Jack Uy.

The BIR said it discovered that the transfer had no capital gains tax (CGT) and documentary stamp tax (DST) returns.

“Binenta daw niya ang shares niya dito sa korporasyon na ito at nakita natin din na hindi bayad ang buwis patungkol dito sa pagta-transfer niya ng shares niya dito, kaya malinaw na malinaw na may kasong tax evasion sa transaksyon na ito,” BIR Commissioner Lumagui said.

Aside from Guo and Uy, the complaint included Baofu’s corporate secretary, Rachelle Joan Malonzo Carreon. 

The BIR said Guo, Uy and Carreon allegedly violated the National Internal Revenue Code.

“Of course mayroong parusang pagkakakulong ito ano, mabigat din ang parusa laban sa corporate secretary na hindi tiningnan na bayad ang buwis kasi nasa batas iyan na bago ka mag-transfer ng shares sa corporate books at saka pag-report sa SEC (Securities and Exchange Commission) ay dapat makita muna na bayad ang buwis,” Lumagui said.

The BIR said it was auditing Guo's other business, in relation to the Senate hearings uncovering her alleged ties to Philippine Offshore Gaming Operators (POGO). 

She could face other tax complaints, the bureau said.

"Due process will be given to Guo. However, if she fails to pay her tax deficiencies, the BIR will proceed to file another criminal case for tax evasion," it said. 

The bureau earlier said it would pursue legal action against Guo and her companies “if the income declared with the BIR does not match the value of the properties amassed during the same taxable years.” 

Guo owns multiple vehicles based on documents gathered by the office of Sen. Risa Hontiveros, chairperson of the Committee on Women, Children, Family Relations and Gender Equality.

But Guo said these are no longer her assets and were part of the buy-and-sell business of Westcars, of which she is an incorporator.

The mayor said she also has a piggery, meat shop, farms, and an embroidery business. 

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The 37-year-old mayor told the Committee that she was able to venture into different businesses partly through the help of her father who gave her money. 

Guo’s father has a fabric and embroidery business in China, she said.

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Justice Secretary Jesus Crispin Remulla said the complaint filed by the BIR would undergo evaluation by a panel of prosecutors. 

“They reviewed it thoroughly I suppose, I would presume, and it will have to be decided by the prosecutors, by the panel of prosecutors who will be asked to evaluate the cases filed by the BIR,” Remulla said.

“Well, pagka nadagdagan ang kaso mas mahirap ang buhay di ba, ganon lang naman yan eh, the BIR has the basis to file I’m sure of that,” Remulla added.

The tax evasion complaint is the second criminal complaint lodged before the DOJ, after the Philippine National Police and the Presidential Anti-Organized Crime Commission filed qualified human trafficking cases against Guo and others.

“The case is submitted for resolution only for some of the respondents, so the case continues,” said DOJ Undersecretary Nicholas Felix Ty. 

MISREPRESENTATION COMPLAINT, DISMISSAL

Meanwhile, the Commission on Elections said it would pursue its misrepresentation complaint against Guo despite an Ombudsman ruling ordering her dismissal and perpetual disqualification from holding public office. 

Ombudsman orders dismissal of Bamban Mayor Alice Guo

The Comelec had alleged that Guo misrepresented herself as a Filipino, despite evidence that she is a Chinese national. 

“Ito pong aming kaso ay separate, independent sa kaso po ni Mayor Guo. And therefore, magtutuluy-tuloy po ang Comelec sa pag-try sa kaso nya at aalamin kung may sapat na ebidensya, para magkaroon ng tinatawag na probable cause upang maisampa ang kaso sa ating korte para sa kasong misrepresentation,” Comelec Chairman George Erwin Garcia said at the “Kapihan sa Manila Bay” news forum. 

Garcia noted that under the law, the Ombudsman’s order to dismiss Guo as mayor is “already executory, unless there is a restraining order from the Court of Appeals.” 

“Ang hinihintay natin, tataas ba sa Court of Appeals... magi-issue ba ng restraining order ang Court of Appeals... so kung saka-sakali po, immediately executory yung desisyon ng Ombudsman lalong-lalo na yung tinatawag na perpetual disqualification to hold public office,” Garcia said.

The Comelec is in charge of implementing the order of perpetual disqualification to hold public office, Garcia said.

Guo’s lawyer counsel Atty Stephen David said they would appeal the “unfortunate” Ombudsman ruling.  

“We are preparing for the Motion for Reconsideration as a prerequisite for filing an Appeal with rhetorical Court of Appeals,” he said.    

The Ombudsman also suspended Bamban Vice Mayor Leonardo Anunciacion and other town officials who were found guilty of conduct prejudicial to the best interest of service.

Municipal councilor Erano Timbang will temporarily serve as Bamban's acting mayor, the interior department said.