MANILA, Philippines - The Department of Justice (DOJ) has summoned businesswoman Janet Lim-Napoles, the alleged brains of the controversial pork barrel scam, and her husband Jaime in connection with the P61-million tax evasion charges filed against the couple by the Bureau of Internal Revenue (BIR) last month.
In a subpoena sent last Monday, the investigating panel of prosecutors ordered the Napoles couple to appear before the preliminary investigation hearing set at 2 p.m. on Oct. 21 at the DOJ multi-purpose hall.
They were also ordered to submit their counter-affidavit.
Panel chair Senior Assistant State Prosecutor Edna Valenzuela said the summons were sent to the known residences of Napoleses and also to Fort Sto. Domingo in Laguna where Janet is currently detained while facing trial in connection with the alleged illegal detention of her cousin and former employee turned whistle-blower Benhur Luy before the Makati regional trial court.
BIR lawyers were likewise ordered to attend the first hearing. The second hearing was set on Nov. 5.
The other members of the DOJ panel are Assistant State Prosecutors Stewart Allan Mariano and prosecution lawyer Mark Roland Estepa.
The panel has been tasked to determine whether probable cause exists in the allegations of BIR that Napoles has a tax liability of P44.68 million, while her husband owes the government P16.43 million in taxes, or a total of P61.11 million for the couple.
In its complaint filed last Sept. 26, the BIR accused the Napoles couple of willful attempt to evade taxes for the years 2004, 2006, and from 2008 until 2012.
“In addition, Janet Napoles was charged with deliberate failure to supply correct and accurate information in her Income Tax Return (ITR) for taxable years 2004, 2006, 2008, and 2009 and with willful failure to file her ITRs for taxable years 2010, 2011 and 2012,†the BIR stressed.
Jaime Napoles was also charged for not supplying correct and accurate information in his ITR for 2009 and for his failure to file his ITR for 2004, 2006, 2008, and from 2010 until 2012.
“Information gathered during investigation disclosed that spouses Napoles during the years 2004 to 2012 were able to purchase and register in their names various real properties, a number of motor vehicles, several insurance policies and club shares. They also invested millions of pesos in various new corporations,†the BIR stressed.
Acquisitions of the couple included condominium units in Cityland Mega Plaza and the Discovery Center, and parcels of land in Pangasinan and Kidapawan City.
The Napoleses also have insurance policies with Insular Life Assurance Co., Ltd., Philippine American Life & General Insurance Co., Inc., and Philippine Axa Life Insurance Corp., and have purchased vehicles that include a Ford Lincoln Navigator, Honda Civic and Porsche Cayenne.
The bureau said data showed Janet Napoles’ total acquisitions summed up to P4.17 million in 2004, P22.29 million in 2006, P4.35 million in 2008, P9.84 million in 2009, P6.33 million in 2010, P5.64 million in 2011 and P6.89 million in 2012.
But these were made with an income of only P195,800 in 2004, zero in 2006, P100,744 in 2008 and zero in 2009, as shown in her ITRs.
She did not file any ITR from 2010 to 2012.
Her husband, meanwhile, had total acquisitions worth P1.42 million in 2004, P5.51 million in 2006, P0.78 million in 2008, P9.25 million in 2009, P2.1 million in 2010, P1.17 million in 2011 and P3.65 million in 2012.
The bureau found that he did not file any ITR for those years except in 2009, during which he declared nothing.
Napoles is the alleged brains of the pork barrel fund scam, where billions in Priority Development Assistance Funds of lawmakers were amassed allegedly through her bogus non-government organizations.
Plunder charges have been filed against her and her cohorts, including three senators and officials of various government offices, before the Office of Ombudsman last month.