BIR files 3rd Malampaya-related tax evasion case

MANILA, Philippine – The Bureau of Internal Revenue (BIR) on Thursday, March 13 filed a series of tax evasion complaints against another owner of a company tapped by the Palawan provincial government for projects financed by Malampaya fund.

The owner is the 3rd Malampaya contractor filed with willful attempt to evade taxes in 4 months.

The Malampaya fund consists of proceeds from the natural gas operations off the shores of Palawan. Contested until now before the Supreme Court (SC) for the sharing scheme between the national and local governments, it became a huge discretionary fund of the Office of the President under Gloria Macapagal Arroyo. Portions of it were released to agencies whose works were totally unrelated to energy development, and were siphoned off to fake non-governmental organizations associated with alleged pork barrel scam mastermind Janet Lim Napoles. (READ: Malampaya scam worse than fertilizer fund scandal)

The BIR filed criminal complaints Thursday against Agerico Banzon, sole proprietor of Banz Built Construction, based in Brgy San Jose, Puerto Princesa City in Palawan province.

Speaking before reporters at the Department of Justice (DOJ), BIR Commissioner Kim Henares said Banzon evaded taxes for the years 2008, 2009, and 2010. Banzon is liable for P62.46 million in tax deficiencies.

BIR filed complaints against 4 other delinquent taxpayers Thursday, including a Bulacan-based transport company, a Pangasinan and a Quezon City trader, and a Pasig City contractor.

The following are facing criminal complaints before the DOJ for millions of pesos in tax liabilities:

• Philip Delan Ben, sole proprietor of a wholesale and retail business in Quezon City, for P16.39 million in tax deficiencies;
• Pasic City contractor Tie Con Builders and its company president Felix Tienzo for P34.52 million tax liability;
• Bulacan transport company German Espiritu Liner Inc, its president Cecilio German, and its Secretary/Treasurer Erlinda German for P4.2 million in unpaid taxes; and
• Businesswoman Teresa Sison, owner of raw condiments supplier TS Commercial, for P10.62 million in unpaid taxes

The BIR said Delan Ben failed to pay taxes in 2006 and Tie Con Builders in 2008. German Espiritu Liner Inc failed to pay taxes for the years 2010, 2011, and 2012. 

Sison – whose company has engaged in supplying raw oyster sauce, fish sauce, and chicken extract to big domestic companies like Silver Swan Manufacturing Company Inc and Nissin-Universal Robina Corporation – did not pay taxes in 2009 and 2010.

Under Henares’ leadership, the BIR has so far filed criminal complaints against 226 individual and corporate taxpayers under its Run After Tax Evaders program. – Rappler.com