PROSECUTOR DENIES SM OFFICER'S PETITION FOR REVIEW OF HER INDICTMENT

SM Prime Holdings Inc.’s (SMPHI) senior tax manager Imelda Lim will face trial for violation of other deceits under the Revised Penal Code. This, after the Regional Prosecutor’s Office denied the petition for review filed by Lim after it found probable cause to charge her. In the resolution, Regional Prosecutor Fernando Gubalane said Lim cannot evade liability by simply denying any participation in the preparation of the tax declaration of the mall. In his news conference yesterday, Cebu City Mayor Tomas Osmeña said he will run after Lim and make sure she goes to jail. Osmeña had filed a complaint against four SMPI officers after they allegedly misrepresented the size of SM Seaside City to reduce its tax obligations.

The Regional Prosecutor’s Office has denied the petition for review filed by SM Prime Holdings Inc. (SMPHI) senior tax manager Imelda Lim after it found probable cause to charge her for violation of other deceits under Article 318 of the Revised Penal Code.

With the development, Mayor Tomas Osmeña warned the mall management not to cheat the City Government.

Regional Prosecutor Fernando Gubalane said Lim cannot evade liability by simply denying any participation in the preparation of the tax declaration of the mall.

Under the law, the real property tax (RPT) is determined by multiplying first the value of the property with the assessment level as determined under Section 218 of Republic Act 7160 to arrive at the assessed value, which then is multiplied by the rate of tax.

The owner’s declaration of real property is therefore crucial in arriving at the correct amount of tax.

“The concerned Prosecution Office correctly found that there was suppression of a material fact which indicated false representation, pretense, and even concealment on the part of Lim, considering the fact that she had actual participation in the questioned transaction,” read a portion of Gubalane’s resolution.

In his news conference yesterday, Osmeña said he will run after Lim and will put her in jail.

“I’m warning all the employees and officers of SM, maybe your bosses are exempted but you’re not,” he said. The mayor said he doesn’t want to compromise with the manage- ment of SMPHI and that he will push through with the case. /