Claire de la Fuente cleared of tax evasion

MANILA, Philippines - Justice Secretary Alberto Agra has cleared jukebox singer Claire de la Fuente in a P417.8-million tax evasion case in yet another reversal of findings of prosecutors in the department upheld by his predecessor earlier this year.

In an eight-page resolution, Agra ordered the dropping of the criminal charges against De la Fuente in court and granted her appeal of the resolutions of investigating fiscals and former Secretary Agnes Devanadera that found probable cause to indict her for her bus company’s alleged failure to pay P417.8 million in taxes for the years 1997 to 2004.

The DOJ chief granted the motion for reconsideration filed by De la Fuente seeking the reversal of a Jan. 18, 2010 resolution of Devanadera affirming the Nov. 24, 2008 resolution issued by state prosecutors that charged her in court for violation of the provisions of the National Internal Revenue Code particularly Section 236 (a) and (b) or alleged non-registration; Section 258 or unlawful pursuit of business; Section 75 or failure to file quarterly corporate income tax; Section 76 or failure to file final adjustment return; and Section 255 or failure to pay tax.

In granting De la Fuente’s appeal, Agra bought the argument of the singer that she was no longer the treasurer, even an officer-in-charge of the Philippine Corinthian Liner Corp. during the years it allegedly committed the offenses. Based on the record, De la Fuente and her late husband Moises de Guzman executed a deed on assignment on Dec. 22, 1997 in favor of her father-in-law, Teofilo de Guzman and brother-in-law, Rolando de Guzman transferring their respective shareholdings with the PCLC to the latter.

“Thus, we are of the considered view that respondent-appellant has shown, by the pieces of evidence she adduced, that she is no longer the treasurer, even an officer-in-charge, of PCLC during the relevant period. Significantly, even assuming that she remains to be the treasurer, complainant-appellee has dismally failed to show that respondent-appellant is the one ‘responsible for the violation’ allegedly committed by PCLC,” Agra said.

He also did not give merit to the findings of the state prosecutors that De la Fuente remained as the manager, or the one running the affairs of the PCLC despite divestment of her interests based on the special power of attorney executed by her brother-in-law, designating her to transact with the Land Transportation Office and Land Transportation Franchising and Regulatory Board (LTFRB) on behalf of the bus company.