DOJ acts to speed up prosecution of tax, smuggling cases

Justice Secretary Raul Gonzalez is cracking the whip on government lawyers and prosecutors to speed up the investigation and prosecution of all tax evasion and smuggling cases in a bid to disprove allegations that the Department of Justice (DOJ) is sitting on these cases.

Gonzalez said he directed Chief State Prosecutor Jovencito Zuño to ensure full compliance to Memorandum Circular No. 4 dated March 5, ordering all regional state prosecutors, provincial and city prosecutors, state prosecutors and prosecution attorneys to "recommend the imposition of the maximum penalties as provided for by law and not to entertain affidavit of desistance."

Gonzalez issued the directive to Zuño after he received information that "meritorious tax evasion cases are being unjustifiably dismissed, while some taxpayers are being harassed and victimized by unscrupulous (Bureau of Internal Revenue or) BIR personnel."

He said he will not hesitate to crack the whip on DOJ prosecutors found to have unduly delayed the resolution of high-profile cases.

Gonzalez is reacting to criticisms that the DOJ has been stalling the resolution of the P315-million smuggling and tax evasion case against Oilink International Corp., the oil supply company of Unioil Petroleum Phils. Inc.

"To restrain this illegal practice, maximize the collection of taxes and punish tax evaders, you are hereby directed to prosecute these cases relentlessly... You are also ordered to refrain from making any act that would defeat the purpose of this circular," Gonzalez said.

Aside from still-unresolved tax cases at the DOJ, the government has filed 141 cases on tax evasion, smuggling and corruption last year as part of its goal to plug revenue leakages arising from fraudulent activities by businessmen, trading firms and individual taxpayers, including actors and actresses.

Other major cases awaiting action at the DOJ include the P50-million tax evasion case against MEGA Fishing Corp.; P79-million tax case against Industrial Builders and Developers Corp.; and a tax deficiency case against Shelmark Builders of the Philippines.