In a one-page resolution, the CTA second division said it found probable cause to issue a warrant of arrest against Joel Mendez, who owns the Weigh Less Center chain.
The DOJ earlier junked the motion for reconsideration filed by Mendez, which sought the dismissal of the tax evasion complaint filed against him by the Bureau of Internal Revenue (BIR).
Mendez claimed the BIR did not accord him due process.
In an earlier resolution, State Prosecutor Juan Pedro Navera said Mendez’s motion for reconsideration lacked merit.
"Respondent Mendez’s arguments are mainly anchored on the assessment of his tax liabilities. His contention that there was no proper investigation conducted by the BIR due to its failure to issue subpoenas is erroneous," Navera said.
It was in October last year that the DOJ indicted Mendez for tax evasion and perjury.
The DOJ affirmed the BIR’s findings that Mendez has been earning from the operations of his Weigh Less Center and Spa, which has several branches all over the country, even before the company was registered with the BIR and the Department of Trade and Industry (DTI) in 2003.
The DOJ did not give credence to Mendez’s claims that he could not include his other branches in his 2001 and 2002 income tax returns since those clinics did not yet exist.
Navera said authorities had established that Mendez made a false declaration on his income tax return for taxable year 2003 and this made him liable for perjury. — Jose Rodel Clapano