Call it the 34th bonus that they will receive before the year ends – tax evasion case.

In what is widely-seen as a continuing scrutiny of officials of government-owned and-controlled corporations (GOCCs) and government financial institutions (GFIs) who are said to be enjoying fat salaries, Commissioner of Internal Revenue Kim S. Jacinto-Henares ordered the Bureau of Internal Revenue (BIR) Run After Tax Evaders (RATE) team today to file separate criminal complaints against three (3) government executives for tax evasion for their deliberate and repeated non-declaration of revenues or income they earned in various years as members of the Governing Board of the Corporate and Regulatory Offices of the Metropolitan Waterworks and Sewerage System (MWSS) and their consequent failure to pay the income taxes due thereon.

Charged before the Department of Justice (DOJ) were Oscar I. Garcia, Ferdinand P. Mahusay, and Lorenzo S. Sulaik. The charges against the three were the result of separate investigations conducted by the BIR after the Senate Committee on Finance inquiry on the excessive salaries and unwarranted bonuses and allowances of GOCC and GFI executives.

In the course of its investigation, the BIR discovered that Messrs. Garcia, Mahusay and Sulaik concealed their true income by their deliberate and willful failure to file their income tax returns (ITRs) for the taxable years in question, thus resulting in the non-payment of taxes due thereon. Their fraudulent acts of not declaring their taxable income/revenues consistently committed for consecutive taxable years constitute prima facie evidence of fraud tantamount to tax evasion.

From copies of documents furnished by the Commission on Audit, it was learned that Garcia earned P2,611,900.07, P3,538,830.62 and P5,395,991.22 for years 2007, 2008 and 2009, respectively. As a result of his deliberate and repeated non-declaration of said income for the said three (3) year period, he failed to pay the correct taxes amounting to P1,608,676.25 in 2007, P1,982,362.08 in 2008, and P2,723,040.43 in 2009 for an estimated aggregate tax liability of P6,314,078.76, inclusive of surcharges and interests.

Mahusay on the other hand earned P897,220.01 and P4,557,160.13 for taxable years 2008 and 2009, respectively. His total estimated tax liability was pegged at P2,715,596.37 broken down as follows: 2008 – 435,081.30; and 2009 – P2,280,515.07, inclusive of surcharges and interests.

Sulaik for his part was paid P3,212,041.10 and P4,511,781.34 for taxable years 2008 and 2009, respectively, but failed to pay the correct taxes thereon amounting to P1,787,945.90 in 2008, and P2,263,155.90 in 2009 for an estimated aggregate tax liability of P4,051,101.80, inclusive of surcharges and interests.

The cases against Garcia, Mahusay, and Sulaik are the eighteenth (18th), nineteenth (19th), and twentieth (20th) filed under the RATE program of the BIR under the leadership of Commissioner Kim S. Jacinto-Henares. (reytdlc)