Arrest order out on ex-general and wife

The Court of Tax Appeals has ordered the arrest of former military comptroller Jacinto Ligot, a retired general, and wife Erlinda in connection with the tax evasion case filed against them by the Department of Justice.

In a resolution dated Sept. 28 but released only on Friday, the court’s second division has affirmed the Justice department’s holding the Ligot couple liable for evading payment of P153.20 million in taxes exclusive of interest and penalty charges for the year 2003.

The second division is composed of Associate Justices Juanito Castañeda, Jr., Caesar Casanova, and Cielito Grulla.

“After due deliberation and careful consideration of the information and the supporting documents, this court finds the existence of probable cause for the issuance of awarrant of arrest against herein accused,” the justices said.

The court set the bail bond for the Ligot couple’s temporary liberty at P20,000 each. The order covers only one count of four tax evasion charges filed against the Ligots.

Last July, the Justice department recommended the criminal prosecution of the Ligot couple for allegedly evading payment of P400 million in taxes for the years 2001 to 2004. Ligot’s brother in law, Edgardo yambao, was also implicated in the tax evasion case and also charged for his failure to file his income tax return in March, 2010.

In a resolution approved by Prosecutor General Claro Arellano, the Ligot spouses were indicted for violation of the National Internal Revenue Code, which penalizes the attempt to evade tax and penalizes the failure to file income tax return, supply correct and accurate information, respectively.

“It is crystal clear that respondents wilfully evaded payment of taxes on income derived from sources outside their employment for the years 2001 to 2004,” the resolution stated.

Government probers did not give credence to the claim of the respondents that they never generated any undeclared income and unpaid taxes close to the amount of P428 million.

The DOJ added that Erlinda, despite the fact that she was a housewife, was also obligated to file income tax return.

In its complaint, the BIR claimed that the former military comptroller failed to file his ITR in 2001 while his wife likewise ignored filing her ITRs in 2001 to 2004.
They also failed to declare their income in 2001 worth P41,854,181.57; P103,601,281.22 in 2002; P165,367,784.39 in 2003; and P184,995,700.14 in 2004.

The BIR further disclosed that the Ligots used this amount to purchase several properties and maintain huge bank deposits.

From 2001 to 2004, while general was still in service, he made several deposits and investments including two deposits with Citibank, US$1,288,418.91 and US$1,582,488.52.

He also purchased several pieces of property in Malaybalay and Rizal provinces, a Paseo Parkview Tower II condominium unit in Salcedo Village, Makati, and a Toyota Hilux.

His wife Erlinda likewise made several bank deposits including a US$200,000 deposit with Citibank. She also purchased several properties in Paseo Parkview Tower II condominium unit in Makati, US$322,181.00 real property in Anaheim, California and a US$599,500.00 property in Buenas Park, California.

The couple is also facing a forfeiture case filed against them in 2005 before the Sandiganbayan Fourth Division for amassing P135.28-million in unexplained wealth. by Rey Requejo and Elaine Ramos