The Bureau of Internal Revenue (BIR) filed before the Department of Justice (DOJ) on Wednesday, Oct. 8, tax evasion charges against contractor spouses Pacifico “Curlee” and Cezarah “Sarah” Discaya for tax liabilities of over P7.1 billion for taxable years 2018 to 2021.

“Nagsampa na tayo ng kaso laban sa spouses Discaya and corporate officers ng mga ibang korporasyon na hawak nila (We have filed cases against the Discaya spouses and the corporate officers of their different corporations),” said BIR Commissioner Romeo D. Lumagui Jr. who led the filing of the criminal complaints.

Lumagui said that three sets of cases were filed against the Discaya spouses who were assessed a total tax liability of P7,182,172,532.25.

The first set of cases involved the Discaya couple’s failure to pay their individual income taxes for taxable years 2018 to 2021.

The second set of cases involved their decision to divest from some of their corporations -- St. Gerrard, St. Timothy, St. Matthew, and Alpha and Omega.

Lumagui explained: “‘Pag nagdivest ka sa isang korporasyon, nagbenta ka ng stocks sa isang korporasyon, may kaukulang pagbabayad ng buwis d’yan (when you divest from a corporation and sell stocks, you need to pay the corresponding taxes).”

“Nakita rin natin na hindi rin bayad ang tungkol sa paglipat ng shares of stocks na ito kaya meron din silang failure to file DST or document stamp tax and tax evasion d’yan (We found that they did not pay on the transfer of the shares of stocks and that’s why they are charged with failure to file documentary stamp tax and that is tax evasion),” he said.

The third set of cases involved the failure of the Discayas and St. Gerard to file excise tax returns and pay the excise taxes of nine luxury vehicles under their names, he also said.

The Discaya spouses have asked the DOJ that they be turned state witnesses in the “anomalous” flood control projects.

Even if the Discayas become state witnesses and become immune from liability from the cases concerning the anomalies, Lumagui stressed: “Kinakailangan nilang bayaran itong buwis na ‘to (they still have to pay all these taxes).”

“Kung sino ang mapipili nilang state witness, as far as we are concerned, hindi po saklaw ‘yan dahil taxes po ang pinag-uusapan natin (Whoever they pick to become state witness, as far as we are concerned, these tax cases are not covered because we are talking about taxes),” he pointed out.

He also pointed out that even if the Discayas would pay the P7.1 billion tax liabilities, “tuloy pa rin pagtakbo ng criminal cases (the criminal cases filed by the BIR will proceed).”

Meanwhile, Lumagui said the cases that the BIR filed are just the tip of the iceberg.

“Nagsisimula pa lang tayo (We are just starting),” said Lumagui who revealed that the BIR continues to audit the other taxable years and the corporations of the Discayas.

He disclosed that the BIR has started investigating the Discayas since last year based on information that the bureau received.

“Actually nagsagawa tayo ng parang lifestyle checks dito. Tiningnan natin ‘yung mga ariarian nila at binangga natin sa mga taxes na nabayaran nila kaya naman nabuo natin itong mga tax evasion cases against them (We actually conducted lifestyle checks. We compared their properties against the actual taxes they have been paying and that’s why we were able to have this tax evasion case against them),” he explained.

At the same time, Lumagui said the BIR is also investigating the other top 15 contractors of the country mentioned by President Marcos as involved in the “anomalous” government flood control projects.

“Hindi lang sa contractors, actually nag-conduct na rin tayo ng mga lifestyle checks sa mga iba’t ibang personalities involved (Not only contractors, we are actually conducting lifestyle checks of the different personalities involved),” he said.

He noted that those being investigated by the BIR also include politicians being linked to the anomalous flood control projects.