MANILA, Philippines — The Bureau of Internal Revenue has faced challenges in serving official notices to the companies of contractor couple Curlee and Sarah Discaya, as they were "uncooperative," Internal Revenue Commissioner Romeo Lumagui Jr. said.
Lumagui said this when asked why the tax evasion case against the contractor couple was filed only this year, despite the bureau having audited them since last year, saying that the couple sometimes refused to accept the bureau's documents.
"Nahihirapan tayo dahil medyo pasaway rin. Binibigyan natin ng due process. Minsan 'di nila tinatanggap ang mga notices. Kaya nagreresort tayo sa iba't ibang paraan para maiserve ito," he said in an interview with reporters on Wednesday, October 8.
(We're having a hard time because they're being quite uncooperative [or 'defiant']. We are giving them due process. Sometimes they don't accept the notices, so we have to resort to different methods to get them served.)
"Ang proseso na pinagdadaanan ay hindi rin naman puwedeng i-shortcut 'yon," he added.
(The process being undergone cannot be simply shortened.)
The tax chief also said that even if the Discaya couple paid their tax liabilities, the case would still continue, as the act of tax evasion is already consummated, according to Lumagui.
Lumagui also said that even if the individuals were to become state witnesses, they would still be required to pay their tax liabilities, emphasizing that this payment is separate and does not count as restitution for the criminal offense.
"So kahit bayaran 'yan, patuloy pa rin ang magiging criminal case na tutuloy pa rin ang pagtakbo ng criminal case," he added.
(As far as the BIR is concerned, the tax evasion case is already consummated. Therefore, even if it is paid, the criminal case will still continue and proceed to run its course.)
Lumagui, in his capacity as Internal Revenue Commissioner, filed multiple criminal tax evasion complaints against the couple and another corporate officer of St. Gerrard Construction General Contractor & Development Corp.
RELATED: 'Tip of the iceberg' P7.18-B tax evasion raps filed vs Discayas
The Bureau of Internal Revenue assessed a total tax liability of P7,182,172,532.25, stemming from unpaid income, excise and documentary stamp taxes from 2018 to 2021.
The construction and infrastructure companies associated with the Discaya couple secured a massive P31.04 billion in government contracts, encompassing approximately 421 projects awarded between 2022 and 2024.
These deals primarily involved flood control projects that are currently the subject of anomaly allegations.
Notably, the firms founded solely by the Discayas accounted for P25.2 billion of that value across 345 projects.
The Independent Commission on Infrastructure asked the Department of Justice (DOJ) on Wednesday to issue an Immigration Lookout Bulletin Order for 31 individuals.
The request targets over two dozen current and former lawmakers and officials involved in the ongoing probe into anomalous public works projects.
RELATED: ICI moves for lookout order on Martin, Chiz, Jinggoy in flood control probe