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Combination photo shows former Department of Public Works and Highways officials Henry Alcantara, Brice Ericson Hernandez and Jaypee De Leon Mendoza.
The Philippine STAR / File photos
MANILA, Philippines — The Bureau of Internal Revenue (BIR) said the Department of Justice (DOJ) has approved the filing of 44 criminal tax cases against three former Department of Public Works and Highways (DPWH) officials linked to the flood control scandal.
In a statement on Thursday, June 25, the BIR said it secured the DOJ's approval to file criminal complaints against Jaypee Mendoza, Henry Alcantara and Brice Ericson Hernandez for tax evasion under Section 254 and related violations under Section 255 of the National Internal Revenue Code.
According to the BIR, the combined tax liabilities of the three individuals exceed P1.68 billion, stemming from the non-filing of tax returns and the alleged severe underreporting of income across multiple taxable years.
"The BIR used the expenditure method, a recognized method for reconstructing income in tax investigations, wherein unexplained expenditures exceeding reported income may be treated as evidence of unreported taxable income," the BIR's statement read.
"Through this method, the Bureau uncovered substantial discrepancies between reported income and actual expenditures, which formed part of the basis for the criminal complaints filed before the DOJ," it added.
The BIR said criminal informations against the three may now be filed before the Court of Tax Appeals.
Citing a DOJ resolution, the BIR said Mendoza faces complaints covering taxable years 2021 through 2024 over an alleged income tax liability amounting to P179,785,191.86.
For Alcantara, covering taxable years 2022 to 2024, the BIR said it discovered a disparity between his declared income and his actual high-value acquisitions, with alleged total tax liabilities amounting to P913,827,146.89.
Meanwhile, Hernandez allegedly failed to file any income tax returns from 2020 to 2024, resulting in total unpaid tax obligations amounting to P593,776,009.80.
While Hernandez and Mendoza are currently being held at the New Quezon City Jail, Alcantara has been placed under the Witness Protection Program, making him exempt from criminal liability in the flood control cases filed in court.
Beyond the tax evasion complaints, the three individuals are also facing graft complaints before the Office of the Ombudsman.
Furthermore, their assets were previously covered by an initial wave of freeze orders involving 135 bank accounts and 27 insurance policies.
