PEOPLE OF THE PHILIPPINES v. LEILANI QUIJANO PARUNGAO AND BELINDA S.G. ALFONSO

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY THIRD DIVISION PEOPLE OF THE PHILIPPINES, CTA CRIM. CASE NO. 0-198 Plaintiff, (I.S. No. XVI-INV-09A-00056) For: Vio lation of Sec. 3602 of the Tariff and Customs Code of the Philippines in relation to Article 172 of the Revised Penal Code. -versus- Members: BAUTISTA, Chairperson PALANCA-ENRIQUEZ, and COTANGCO-MANALASTAS, II LEILANI QUIJANO PARUNGAO and BELINDA S.G. ALFONSO, Promulgated: Both of 324 Escolta St., Brgy. 291, Dish�ict II, Sta. Cruz, Manila, (ALL AT LARGE) JUN 2 8 2011 Accused. X-----------------------------------------------------------------~~~--~~-~-~~-~~ , RESOLUTION The accused, Leilani Quijano Parungao and Belinda S.G. Alfonso, are charged in an Information which reads as follows: The undersigned State Prosecutor, Department of Justice, hereby accuses Leilani Quijano Parungao and Belinda S.G. Alfon so for violation of Section 3602 of the Tariff and Customs Code of the Philippines in relation to Article 172 of the Revised Penal Code, committed as follows: "That on or about October 28, 2008, in the City of Marilla, Philippines, the said accused, conspiring and confederating together and helping one another with evident intent to defraud the Government of the Republic of the Philippines of the legitimate taxes and duties accruing to it from living plants imported into this counh-y, did then and there willfully and unlawfully, by m eans of fraudulent practice, that is, by presenting a falsified Bill of Ladings (P3MSC021T) and

Resoluti on CTA Crim. Case No. 0-198 Invoice/Packing List (GOQ54631) covering a 40-footer container (FCIU8278195) containing 984 pieces of plant products instead of what was declared as porcelain and claypots consigned to Lepar Trading International, make an enhy of said articles in the manner above set forth, they know full well that the said goods have not been properly declared and the duties and penalties thereon have not been paid, valued at One Million Nine Hundred Eighty Four Thousand Three Hundred Nine Pesos (P1,984,309.00), to the damage and prejudice of the government. On April 18, 2011,1 this Court promulgated a Resolution ordering Assistant State Prosecutor Gemma B. Madrid and Senior Deputy State Prosecutor Pedrito L. Ranees to submit clear and legible copies as required in the Resolution dated March 17, 2011, within five (5) days from receipt of the Resolution. On May 25, 2011, this Court again issued a Resolution ordering Assistant State Prosecutor Gemma B. Madrid and Senior Deputy State Prosecutor Pedrito L. Ranees to comply with the Resolution of the Court dated April18, 2011, within five (5) days from receipt hereof. Otherwise, the case shall be dismissed for failure to comply with a lawful order of the Court. Records show that despite notice and receipt of the Resolution dated May 30, 2011, Assistant State Prosecutor Gemma B. Madrid and Senior Deputy State Prosecutor Pedrito L. Ranees failed to comply with the said Resolution. WHEREFORE, for failure to comply with a lawful order of the Court, the case-in-caption is hereby DISMISSED. SO ORDERED. 1 Rollo, pp. 101 to 102.

Resolution CTA Crim . Case No. 0 -198 Ue_c~ ISTA OLGA PALANCA-ENRIQUEZ N~~~-4~-- Associa te Justice AMELIA R. COTANGCO-MANALASTAS Associate Justice