Alexander Wongchuking (right), president of Mighty Corp. MARIANNE BERMUDEZ/ INQUIRER.net
The Department of Justice (DOJ) has submitted for resolution the first tax evasion complaint filed by the Bureau of Internal Revenue (BIR) against cigarette firm Mighty Corporation.
During Tuesday’s hearing, Mighty Corporation submitted a rejoinder in response to the reply affidavit submitted by the BIR.
The rejoinder was received by the DOJ panel of prosecutors composed of Senior Assistant State Prosecutor Sebastian Caponong Jr., who sits as its chairperson, and Assistant State Prosecutors Ma. Lourdes Uy and Mary Ann Parong.
Named respondents in the P9.564-billion tax evasion complaint is Mighty Corporation and its officials Alexander Wongchuking, owner (assistant corporate secretary), former Armed Forces deputy chief-of-staff and retired Lt. Gen. Edilberto Adan, Mighty Corp.’s president; retired Judge Oscar Barrientos, company executive Vice President; and company treasurer Ernesto Victa. They all have already submitted their counter-affidavits denying the allegations raised by the BIR.
In the complaint, the respondents are accused of unlawful possession of articles subject to excise tax without payment and for possessing false, counterfeit, restored or altered stamps in violation of Sections 263 and 265(c) of the National Revenue Code of 1997.
The complaint stemmed from the discovery that fake excise tax stamps where found on its cigarette products stored in four warehouses at the San Simon Industrial Park, San Isidro, Pampanga.
READ: BIR files P9.5-billion tax evasion case vs. Mighty Corp.
The three-member panel is also handling the second complaint filed by the BIR against Mighty Corp., this time for P26.93 billion tax evasion after more fake excise tax stamps were discovered in warehouses Barangay Matimbubong, San Ildefonso, Bulacan.
Caponong said the two other complaints against Mighty Corp.—a P26.93-billion and P1.39-billion tax evasion cases—will be treated separately.
“We will treat these cases as two separate cases,” Caponong told both parties during the hearing.
Caponong set the preliminary investigation on the second complaint on June 8 at 2 p.m. JPV/rga