Janet, husband deny tax raps

MANILA, Philippines - Alleged pork barrel scam brains Janet Lim-Napoles and her husband Jaime have denied evading payment of P61 million in taxes.

The couple submitted a joint counter-affidavit last Thursday in the tax evasion case filed against them by the Bureau of Internal Revenue (BIR).

The counter-affidavit was submitted to the Laguna prosecutor’s office at Fort Sto. Domingo in Sta. Rosa, Laguna, their lawyer Ian Encarnacion said at the preliminary hearing at the Department of Justice (DOJ) yesterday.

Encarnacion, however, refused to provide reporters a copy of the Napoles couple’s 12-page answer or give any details, citing lack of authority.

The investigating panel chaired by Senior Assistant State Prosecutor Edna Valenzuela gave the BIR until Dec. 17 to submit a reply to the couple’s affidavit before submitting the complaint for resolution.

The DOJ panel had hearings on Oct. 21, Nov. 5 and Nov. 19.

The BIR accused the Napoles couple of willful attempt to evade or defeat tax in 2004 and 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 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 said.

Mr. Napoles was also charged for not supplying correct and accurate information in his ITR in 2009 and for his failure to file his ITR in 2004, 2006 and 2008, and from 2010 to 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 said.

Among the properties the Napoles couple acquired were 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 a Ford Lincoln Navigator, Honda Civic and Porsche Cayenne.

The bureau said data showed Janet’s total acquisitions amounted 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.

This, even though Janet declared an income of only P195,800 in 2004, zero in 2006, P100,744 in 2008 and zero in 2009.

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 said Mr. Napoles did not file any ITR except in 2009, when he declared nothing.

The DOJ is also conducting an investigation into a P32.06-million tax evasion case against the couple’s daughter Jeane, who was given until Dec. 17 to file her counter-affidavit.    

‘Never benefited’

Meanwhile, a listed official of a non-government organization (NGO) linked with Napoles filed a one-page affidavit maintaining her innocence.

Aileen Palama, 32, said her former employer Marina Sula used her name without permission to fill in the needed number of names and officers of the members of the board of trustees as required by the Securities and Exchange Commission to register the NGO.

She also insisted that she “never benefited from the NGO.” 

“I have never participated nor have I ever had knowledge of any of the activities of these NGOs,” she said in her affidavit.

Palama’s lawyer, Stephen Cascolan, said they were surprised that she was included in the charge sheet when Sula has cleared her name.

Palama is among the 42 individuals the ombudsman recommended for indictment in connection with the pork barrel scam. She is also among the witnesses who claimed that Napoles ordered some of her employees to destroy certain documents. – With Aie Balagtas See