THREE former officials of the Department of Finance-One Stop Shop Inter-Agency Tax Credit and Duty Drawback Center (DOF-Center) have been convicted of graft by the Sandiganbayan for the fraudulent approval of a tax credit certificate in the amount of P6.065 million to a bus company in 1998.
Sentenced to six years in jail with perpetual disqualification from public office were former DOF-Center deputy executive director Uldarico Andutan Jr., Net Local Content/Net Value and Domestic Capital Division head Raul de Vera, and senior tax specialist Rosanna Diala.
In its 33-page decision dated October 4, 2019, the anti-graft court’s Third Division said the three caused injury to the government by processing and approving Tax credit Certificate (TCC) No. 009461 for the sum of P6,064,669 in favor of Jam Transit Inc. on March 11, 1998.
The court said they acted with manifest partiality in favor of the transport firm by failing to do an honest evaluation of the application for TCC even when there were existing “red flags” and “irregularities.”
“We found that manifest partiality exists when accused …despite the glaring inconsistencies and irregularities found in the supporting documents of the tax application, reviewed, processed, and approved Tax Credit Certificate No. 009461,” the Sandiganbayan declared.
The case against a fourth defendant, Jam Transit executive Joseph Cabotaje, was dismissed due to his death in 2009.