The Department of Justice (DOJ) on Monday indicted alleged pork barrel scam queen Janet Lim Napoles and her husband, Jaime Napoles, before the Court of Tax Appeals (CTA) for the crime of tax evasion.
An 18-page resolution of the Justice department, dated March 13, but was released to the media only recently, found probable cause against the Napoles couple, believing that a crime has been committed of which the two probably guilty.
The resolution was signed and investigated by Assistant State Prosecutors Stewart Allan Mariano and Mark Roland Estepa.
They prosecutors argued that 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.”
The resolution was also signed and approved by Senior Assistant State Prosecutor Susan Dacanay and Prosecutor General Claro Arellano.
“Respondent spouses Janet and Jaime Napoles’ income tax liability for taxable years 2004, 2006, 2008, 2009, 2010, 2011 and 2012 amounts to [P44,711,147.48 million] and [P16,470,402.72 million],” it read.
The complaint of the BIR accused Janet of not supplying the correct and accurate information in her income tax returns for 2004, 2006, 2008 and 2009 and for not filing ITRs for 2010, 2011 and 2012.
The bureau used the expenditure method against the accused, by arguing that they purchased real property, motor vehicles and other investments that exceeded their declared incomes during the mentioned periods.
Jaime was accused of not supplying correct and accurate information in his ITR for 2009 and did not file ITRs for 2004, 2006, 2008, 2010, 2011 and 2012.