The Bureau of Internal Revenue, headed by Commissioner Romeo D. Lumagui Jr., wins in its criminal case with the Department of Justice against Tap Fog and its conspirators. The case stemmed from a raid that was headed by Commissioner Lumagui last November 2022, he was the Deputy Commissioner of the Operations Group during said raid. After winning the case before the DOJ, criminal information was filed before the Court of Tax Appeals and the Metropolitan Trial Court. Both courts have already ordered the issuance of warrants of arrest against the Tap Fog group.
“This is a testament to our promise that after the execution of raids, cases will be filed. In the case of Tap Fog, a big-fish vape seller, the courts have already ordered the issuance of warrants of arrests. The BIR is closely monitoring the vape industry. Comply with the registration and taxation requirements under our laws. The vape industry is already a regulated industry, the BIR has already established a system for the proper registration and payment for this purpose”, Commissioner Lumagui stated.
The estimated civil liability instituted in the criminal complaint is P1,240,748,088.63, inclusive of fines and penalties.
Tap Fog and its conspirators, are currently being charged with Unlawful Possession or Removal of Articles Subject to Excise Tax without Payment of the Tax in violation of Section 263, Selling of Heated Tobacco Products and Vapor Products at a Price Lower Than the Combined Excise and Value-Added Taxes in violation of Section 263-A, Selling or offering for sale any box or package containing articles subject to excise tax with false, spurious or counterfeit stamps or labels or selling from any such fraudulent box, package or container as aforementioned in violation of Section 265, Willful Attempt to Evade or Defeat Tax in violation of Section 254, and Willful Failure to Pay Taxes in violation of Section 255, in relation to Sections 15, 171, 172 and 253 (d), all of the NIRC of 1997, as amended.
