By Perfecto T. Raymundo, Jr.
QUEZON CITY — Bureau of Internal Revenue (BIR) Commissioner Romeo D. Lumagui, Jr. has filed criminal cases against Pacifico “Curlee” Discaya II, Cezarah Rowena “Sarah” Cruz Discaya, and a corporate officer of St. Gerrard Construction Gen. Contractor & Development Corporation.
The BIR has assessed them with P7,182,172,532.25 in total tax liabilities.
“Today, the BIR will file multiple tax charges against the Spouses Discaya and their Corporate Officer. We have assessed a total tax liability of P7,182,172,532.25. This is composed of several investigations on the unpaid individual income taxes of Curlee and Sarah Discaya, the unpaid excise taxes on their nine luxury vehicles, and the unpaid documentary stamp taxes on their supposed divestment from four of Discaya-owned construction firms,” Lumagui said.
The main case is an assessment case against Curlee and Sarah Discaya in their individual capacities.
The BIR discovered that for taxable years 2018 to 2021, the Spouses failed to pay billions in income taxes.
“Although we have already discovered 7.1 billion in tax deficiencies, the cases filed today are merely the tip of the iceberg. These cases focused more on individual tax liabilities of Spouses Discaya. Once we have finished our audit of the Discaya-owned construction firms, we expect findings of billions of tax deficiencies. We will file more tax evasion cases as soon as we have all the information we need,” Lumagui added.
The next case involves the failure to file a documentary stamp tax return and pay documentary stamp tax of Spouses Discaya.
According to the General Information Sheets of these four Discaya-owned construction firms, they have made several transfers/disposal of shares of stocks from such companies.
They also claim that they have divested from such companies during the legislative hearings on flood control projects.
However, upon investigation of the BIR, Spouses Discaya failed to file a documentary stamp tax return and pay the documentary stamp tax to properly execute such transfers of shares.
This means that not only did they fail to file the return and pay the corresponding taxes, they also failed to divest from any of these four companies as its beneficial owners.
“The Spouses Discaya never divested from St. Gerrard, St. Timothy, St. Matthew, and Alpha & Omega. The BIR has no record of any return or payment for such divestment, particularly that of documentary stamp taxes. They never divested because they never paid the corresponding taxes necessary for such divestment,” Lumagui stressed.
Aside from these cases, the BIR also discovered that Curlee Discaya, Sarah Discaya, and St. Gerard, failed to file the excise tax returns and pay the excise taxes of nine luxury vehicles registered under their names as per the records of the Land Transportation Office.
The BIR will continue its audit of Discaya-owned construction firms. If the BIR discovers more taxes that have not been paid, then the BIR will continue to file tax charges.
The same is true for other contractors and public officials involved in anomalous flood control projects.
“Curlee and Sarah Discaya are guilty of not paying their taxes. They failed to pay proper income taxes, excise taxes, even documentary stamp taxes. Government contractors are engaged to do public works and are paid through public funds, there is no reason why they should not pay their own share of taxes. Expect more cases to be filed. The BIR will make sure that the Spouses Discaya and their Corporate Officers will be imprisoned for violating our tax laws,” Lumagui emphasized. ###
