Discayas dispute P7.18-B tax evasion raps, submit counter-affidavit to DOJ

Contractors Sarah and Curlee Discaya filed their counter-affidavit with the Department of Justice (DOJ) on Friday to dispute the P7.18-billion tax evasion charges lodged against them by the Bureau of Internal Revenue (BIR).

DOJ spokesperson Atty. Polo Martinez confirmed that the Discaya couple personally appeared before the DOJ for the preliminary investigation.

“For everyone’s information, the presence of the spouses Discaya at the DOJ earlier was for the Preliminary Investigation in cases filed against them by the BIR,” Martinez told reporters.

“Spouses Discayas submitted their counter-affidavits in relation to the cases filed by BIR for violation of Sections 263, 254 and 255 of the NIRC of 1997, as amended,” he added.

The BIR filed the tax evasion charges on 8 October 2024, citing a total tax liability of P7.18 billion.

The agency accused the couple of failing to fully divest from several companies — including St. Gerrard Construction Corporation — despite previous claims. They were also alleged to have unpaid individual income taxes for taxable years 2018 to 2021, unpaid excise taxes on nine luxury vehicles, and unpaid documentary stamp taxes (DST) related to their supposed divestment from four construction firms owned by the family.

Former BIR Commissioner Romeo Lumagui earlier said the Discayas’ claimed divestment was deemed invalid because they allegedly failed to file the required DST return and pay the corresponding tax to legally execute the share transfers.

The BIR previously said it is preparing to file additional tax evasion cases against the couple as new information becomes available.