The Bureau of Internal Revenue on Thursday lodged multi-million peso tax evasion charges against two former members of the military's top brass, their spouses, and a relative.
The bureau filed three separate complaints before the Department of Justice against the following:
Former Armed Forces of the Philippines comptroller and accused plunderer Maj. Gen. Carlos F. Garcia and wife Clarita Garcia, who supposedly failed to pay and declare the proper amount of taxes in 2004. The BIR said their alleged tax deficiencies have reached P235 million.
Former AFP comptroller Jacinto Ligot and wife Erlinda Yambao-Ligot, whose alleged tax deficiencies amount to P428 million for their supposed failure to pay taxes from 2001 to 2004; and
Edgardo Yambao, Ligot's brother-in law and alleged dummy in the AFP coruption mess. He supposedly defrauded the government of P285 million for his alleged attempts to evade the payments of taxes for the years 1991 and 2001 to 2005.
At a news briefing, BIR commissioner Kim Henares said the bureau's move stemmed from the Senate blue ribbon committee's probe on alleged corrupt practices in the military.
In the Senate hearings, Garcia, Ligot, and Yambao had denied participation in alleged corrupt activities.
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The Garcia couple
The BIR said that in 2004, the Garcia couple "willfully attempted to evade or defeat" the payment of taxes and "willfully failed to file their income tax return" for earnings amounting P273 million.
They supposedly used the money "to buy properties and make deposits in several bank accounts and financial instruments." The bureau noted Garcia's P102-million deposit despite having no visible means of income.
The bureau's investigation also showed that in 2004, the couple's son, Ian Carl, was able to purchase a property in Iloilo province for P459 million.
The BIR then computed the Garcias' aggregate tax liabilities pegged at P235 million, inclusive of increments.
The complaint filed on Thursday is separate from the two pending tax evasion complaints the Garcia couple is already facing at the DOJ for alleged tax evasion in 2002 and 2003. The DOJ has already found probable cause to indict the couple, but Carlos and Clarita Garcia are still appealing the DOJ's resolution.
Garcia is also facing a P303-million plunder complaint at the anti-graft court Sandiganbayan. He had entered into a plea bargaining agreeement with his prosecutors from the Office of the Ombudsman.
The plea bargain deal has not yet been approved by the Sandiganbayan, but Garcia was already allowed to plead guilty to two lesser offenses and post a P60,000 bail that afforded him temporary freedom.
The Ligot couple
On the other hand, Jacinto and Erlinda Ligot are accused of evading their duties to pay taxes from 2001 to 2004. The bureau is requiring them to pay P428 million in aggregate tax liabilities.
The BIR said the Ligot couple are facing "eight counts of willful attempt to evade or defeat tax and five counts for willful failure to file their income tax returns covering the taxable years 2001 to 2004."
The bureau noted Ligot's millions-worth of bank deposits and his purchase of properties in Rizal province, a condominium unit in Makati City, and a sports utility vehicle.
While he was military comptroller, his wife Erlinda allegedly made "several bank deposits," including a $200,000 bank transaction.
"She also purchased serveral proprties that included a Paseo Parkview Tower II condominium unit at Salcedo Village in Makati City, a $322,181 real property at No. 1240 Cabernet Circle, Anaheim, California, USA, and a $599,500 house and lot at 7102 Stanton Avenue, Buenas Park, California," said the BIR.
At a Senate hearing, Ligot claimed having no knowledge of his wife's travels and acquisition of properties abroad.
Yambao
As for Mrs. Ligot's brother, Edgardo Yambao, who was allegedly used as Jacinto Ligot's dummy, the bureau said he is facing "six counts of willful attempt to evade or defeat tax and six counts for willful failure to file his annual income tax return for taxable years 1999, and 2001 to 2005.
The BIR cited Yambao's millions-worth of transactions and purchases, including: a P1.41-million condominium unit; a P14.4 million deposit at Citibank, Metrobank, and United Overseas Bank; a P2.8-million Toyota Highlander, a P58.3-million bank deposit; a P1.2-million Subaru Forester; another P153.5 million bank deposit, another Subaru Forester priced at P1.3 million; an Essensa East Forbes condominium unit worth P25 million; and bank desposits worth P38.7 million and P9.3 million.
The BIR then said that Yambao has a tax deficiency of P285.7 million. — LBG
