MANILA, Philippines (UPDATED) – Ang Galing Pinoy party-list Representative Juan Miguel “Mikey” Arroyo and wife, Ma. Angela, will now have to secure the permission of Justice Secretary Leila De Lima for any travel abroad following the Department of Justice’s (DOJ) issuance of a 60-day watch list order (WLO) against them in connection with the finding of probable cause for tax evasion against the couple by a DOJ investigating panel.
De Lima issued WLO number 394 today, October 5, which was immediately transmitted by the office of OIC Chief State Counsel Pastor Benavidez.
“[P]ursuant to the mandate of this Department to administer the criminal justice system, and in the interest of the public and in order not to frustrate the ends of justice, the Commissioner of Immigration is hereby ordered to include in the Bureau of Immigration’s Watch List the names of Juan Miguel ‘Mikey’ M. Arroyo and Ma. Angela M. Arroyo,” the order read.
In an interview with reporters, the justice chief said placing the couple under immigration watch list is warranted because aside from having undergone formal preliminary investigation proceedings before the DOJ, the information for multiple counts of tax evasion will be filed against them before the Court of Tax Appeals (CTA) anytime within the day.
“As I told you kahapon, I referred that to Legal [staff], I told Legal to consult with the Prosecutor General, kung ano nararapat — either WLO or HDO — and to draft the order accordingly. Kanina I saw the order and I approved it and therefore released it,” De Lima said.
“That falls perfectly within the ambit, purview and authority of the Secretary of Justice (SOJ) to issue either HDO (hold departure order) or WLO pursuant to Department Circular No. 41. Department Circular 41 still exists… is still a valid issuance until otherwise declared by a competent authority like the Supreme Court (SC),” De Lima added.
DOJ Department Circular No. 41, which governs the issuance and implementation of HDOs, WLOs and allow departure orders (ADOs), states that the justice secretary may issue a WLO against a respondent in criminal cases pending before it or against an accused in criminal cases pending before a regional trial court (RTC), and motu proprio, or upon request of any government agency, commission, task force or similar entities under the Office of the President, in connection with any investigation being conducted by it, pursuant to the Anti-trafficking in Persons Act of 2003 or in the interest of national security, public safety or public health.
Asked if she considered Rep. and Mrs. Arroyo a flight risk, De Lima said: “It’s just one of the circumstances considered since this [tax evasion case] involves high profile personalities with resources to possibly try to evade the arms of the law. I’m not saying that is their intention, it is one of the legal safeguards that’s available to the executive department, particularly, the prosecution arm (DOJ).”
Reacting to a statement issued by Rep. Arroyo that the resolution finding probable cause against him and his wife in a P73.85 million tax evasion complaint lodged by the Bureau of Internal Revenue(BIR) “does not come as a surprise, coming from an administration that has always subjected [them] to persecution,” De Lima said the DOJ is not into politicking and only looks at the legal issues in handling preliminary investigation proceedings.
“Sa amin sa DOJ, wala kaming ibang consideration. We don’t, at all, consider political and other considerations other than legal. Dumaan sa tamang proseso, sumagot sila, and they have been cooperative, nag-a-appear ang mag-asawa during PI(preliminary investigation) so may opportunity mag-lodge ng defense. They did interpose various defenses which were adequately passed upon, considered, resolved by the panel,” De Lima said.
In a 28-page resolution dated September 16, 2011, investigating prosecutors Senior Assistant State Prosecutor Lagrimas Agaran, Assistant State Prosecutor Ma. Cristina Montera-Barot and Assistant State Prosecutor Mederlyn Mangalindan recommended the filing of 7 counts of violation of Section 255 of the National Internal Revenue Code (NIRC) against Mrs. Arroyo for failure to file income tax returns (ITR) for taxable years 2003 to 2009, and 3 counts of violation of the same section of the NIRC against Rep. Arroyo for failure to file ITRs for taxable years 2007, 2008 and 2009.
Rep. Arroyo will also be slapped with 3 counts of failure to supply correct and accurate information in his tax returns for taxable years 2004, 2005 and 2006.
The BIR used the Net Worth Method (NWM) in tax investigation in probing the Arroyos and claimed there was “substantial underdeclaration” of their income. The bureau also used the couple’s Statement of Assets, Liabilities and Net Worth (SALN) to determine the increase in their net worth and allegedly found they purchased properties and assets, motor vehicles, shares of stocks and other personal effects worth millions of pesos.
Rep. Arroyo’s mother, former president and now Pampanga Representative Gloria Macapagal Arroyo, is also on the immigration watch list due to 3 pending plunder cases against her at the DOJ. Her husband, Jose Miguel “Mike” Arroyo, was placed on the immigration watch list in August but was removed from it in September after a senate committee investigating the alleged anomalous Philippine National Police(PNP) chopper deal declared he would no longer be summoned to its hearings.
Mr. Arroyo was implicated in the deal as the alleged owner of used helicopters sold as brand new to the PNP in 2009. He has vehemently denied the allegation.
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By: Ina Reformina
Source: ABS-CBN News, Oct. 5, 2011
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