Sunday, March 2, 2025

DOJ slaps construction giant with P176-million tax evasion case; Arrest Warrants to follow

In its bid to curtail the rampant use of ghost receipts, Justice Secretary Jesus Crispin “Boying”” C. Remulla led the filing of eight (criminal Informations against Hilmarc’s Construction Corporation (Hilmarc’s), one of the country’s top government contractors, last February 26, 2025, before the Court of Tax Appeals (CTA).

The filing of said Informations stemmed from the complaint of the Bureau of Internal Revenue (BIR)  pursuant to its tireless and intensified commitment to eradicating fictitious and anomalous transactions using ghost/fake receipts.

The Department of Justice, after careful review of the pieces of evidence, found prima facie evidence with reasonable certainty of conviction to charge Hilmarc’s and its corporate officers Efren M. Canlas, Robert B. Henson, and Cristina Elisse F. Canlas for violation of Sections 254 (Attempt to Evade or Defeat Tax) and 255 (Failure to Supply Correct and Accurate Information) in relation to Sections 253(d) and 256 of the Tax Code.

Aside from criminal violations, Hilmarc’s also faces civil liabilities amounting to Php 176,363,284.77 basic tax liabilities. 

Hilmarc's made it appear that the fraudulent receipts/invoices issued by Ghost Companies (Unimaker Enterprises Inc. and Everpacific Incorporated) came from legitimate transactions. Consequently, the said fraudulent receipts/invoices were used to claim input tax in its VAT Returns and as an expense in its Income Tax Returns filed with the BIR. Such scheme ultimately had a negative impact on the tax collection of the BIR. Taken as a whole, this fraudulent act of using receipts from fake transactions resulted to billions of losses to the government.

"Ghost receipts should have no place in the commerce of man as it hinders our growth and prosperity as a nation, may this filing of cases be a warning to those who continue to defraud the State of its due. More importantly, this is also a perfect opportunity to emphasize that government contractors are not in any way exempt from faithfully complying with their tax obligations.  As a matter of fact, the State expects from them, more than anyone else, the highest quality of diligence in following tax laws," Secretary Remulla averred.

Meanwhile, warrants of arrest against the above-named corporation and its corporate officers are expected to be issued in the soonest possible time.

For full details, please refer to the DOJ official FB page 

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