CTA Resolutions CTA Case No. O-160O-160 2010-03-12

PEOPLE OF THE PHILIPPINES v. MARIVIC BRIONES, DAVID BANGA & BENJAMIN VALIC

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff, C.T.A. CRIM. CASE NO. 0-160 (I.S. No. 2004-806) For: Violation of Section 3602 - versus - of the Tariff and Customs Code, in relation to Article 172 of the Revised Penal Code MARIVIC BRIONES DAVID BANGA Members: (Rm. 201 El Hagar Bldg. ACOSTA, Chairperson Juan Luna Street, Binondo, UY,and Manila) FABON-VICTORINO, :J:J and Promulgated: BENJAMIN VALIC (Room 416 F. Regina Building Escolta, Manila) (ALL AT LARGE) Accused. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x RESOLUTION On December 04, 2009, the Court directed the State Prosecutor to amend the Information dated November 8, 2007, to reflect the correct name of the subject entity and to submit the originals or certified true copies of all the supporting documents especially the written approval or recommendation of the Commissioner of Customs to file the instant criminal case, for purposes of determining the existence of probable cause. To date and despite the additional period granted, the State Prosecutor failed to fully comply with the Court's directive obviously indicating lack of interest to prosecute the case for a crime committed on July 10, 2001, or almost nine years ago . WHEREFORE, this case is hereby DISMISSED for utter lack of interest to prosecute. SO ORDERED. \_~tp. 0~ ERNESTO D. ACOSTA Presiding Justice • ESP ERA Associate Justice

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