THE Department of Justice (DOJ) overturned a ruling of state prosecutors recommending the filing of tax evasion charges against Jukebox queen Claire de la Fuente.
In an eight-page resolution, Justice Secretary Alberto Agra granted the motion for reconsideration filed by de la Fuente, Clarita de Guzman in real life, seeking a reversal of the November 24, 2008 resolution of Senior Assistant Chief State Prosecutor Severino Gana Jr.
Gana finds probable cause against the singer for violating the country's tax law from 1997 to 2004.
De la Fuente was charged in her capacity as vice president and treasurer of the Philippine Corinthian Liner Corporation (PCLC), which operates 237 buses in Metro Manila, mostly plying the Alabang-Baclaran-Monumento route.
The prosecutors found de la Fuente violating the National Internal Revenue Code (NIRC) for alleged non registration, unlawful pursuit of business, failure to file quarterly corporate income tax, failure to file final adjustment return, and failure to pay tax.
Earlier, the Court of Tax Appeals (CTA) ordered the arrest of de la Fuente based on the complaint filed by the DOJ and set a bail of P20,000 for her temporary liberty.
But in granting de la Fuente’s motion for reconsideration, Agra noted that the singer was able to prove that she is no longer the treasurer, even an officer-in-charge of the PCLC during the years the offenses were committed.
Based on the record, de la Fuente and her husband executed a deed on assignment on December 22, 1997 in favor of her father-in-law, Teofilo de Guzman and brother-in-law, Rolando de Guzman, transferring their respective shareholdings to the latter.
The DOJ secretary also did not merit the findings of the state prosecutors saying that De la Fuente remained manager of the PCLC .
Agra declined to discuss PCLC’s alleged liability under the NIRC until the BIR identifies the proper persons responsible for the offenses.
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