Owing to the government's failure to file a case within the prescribed period of five years, it loses the right to prosecute the alleged tax evader.
MANILA, Philippines – A former caterer of the Bureau of Corrections escaped prosecution for supposed tax evasion because the government failed to file a criminal case within the prescribed period of five years.
“Jurisprudence has it that the waiver or loss of the right to prosecute the offender is automatic and by operation of law. Evidently, in this case, prescription has automatically set in when the plaintiff failed to file the present information within the five-year prescriptive period provided under section 281 of the NIRC of 1997, as amended.”
The Bureau of Internal Revenue , the government’s arm that oversees internal revenue taxes and fees, accused Tian of providing inaccurate information about his value-added tax return during the first quarter of 2010. The BIR also said the action caused damage and prejudice to the government in the amount of P3.17 million.
However, the case was only filed on October 25, 2022 – 10 years after the alleged violation was pointed out.
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