SPLASH CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Court ofTax Appeals QUEZON CITY En Bane SPLASH CORPORATION, CTAEB N0.1541 Petitioner, (CTA Case No. 8530) -versus- Present: DEL ROSARIO, P.J., CASTANEDA, JR. BAUTISTA, UY, CASANOVA, FABON-VICTORINO, MINDARO-GRULLA, RINGPIS-LIBAN, and MANAHAN,!L COMMISSIONER OF INTERNAL Promulgated: REVENUE, Respondent. AUG 10 2017 o?.' ~~ lh\, X ------------------------------------------------------------------------------------------------------------~ RESOLUTION For resolution is petitioner's Motion to Withdraw Petition for Review ("Motion to Withdraw") filed on May 16,2017, sans comment from respondent despite notice. On November 14, 2016, petitioner filed the instant Petition for Review, thereafter, the Court En Bane ordered respondent to file his comment, which respondent failed to do. On March 15, 2017, the Court En Bane resolved to give due course to the Petition for Review and required the parties to submit their respective memoranda. Instead of filing their respective memoranda, petitioner filed an Urgent Motion to Defer Filing of Memorandum on April 20, 2017, which was granted by the Court En Bane in a Resolution dated May 15,

RESOLUTION CTA EB NO. 1541 (CTA Case No. 8530) Page2of3 2017; while respondent filed a Motion for Extension of Time to File Memorandum on April 21, 2017, which was granted in a minute resolution by the Court En Bane dated April27, 2017. On May 16, 2017, petitioner filed the instant Motion to Withdraw praying to withdraw the Petition for Review, stating that pursuant to Section 31, Rule 50 of the Rules of Court withdrawal of the Petition for Review is a matter of right considering that both parties have not yet filed their respective memoranda and that the Petition for Review has not yet been submitted for decision. The Court En Bane notes that other than citing Section 3, Rule 50 of the Rules of Court, petitioner did not offer any other explanation or reason for its motion to withdraw. The Court En Bane has required respondent to file its Comment on the Petition for Review but it failed to do so. Likewise, the Court En Bane has required both parties to file their respective Memoranda, and instead of filing their memoranda, petitioner filed an Urgent Motion to Defer Filing of Memorandum, while respondent filed a Motion for Extension of Time to File Memorandum, thus, the Court En Bane has not yet deemed the case for decision or resolution. Thus, the Court En Bane resolves to grant petitioner's Motion to Withdraw. Petitioner is reminded that by withdrawing the Petition for Review, it is deemed to have accepted the decision of the Second Division of the Court of Tax Appeals ("Court in Division"). An appellant who withdraws his appeal must face the consequence of his withdrawal, such as the decision of the court a quo becoming final and executory2. WHEREFORE, premises considered, petitioner's Motion to Withdraw Petition for Review filed on May 16, 2017, is hereby GRANTED. Accordingly, the instant Petition for Review filed on November 14, 2016 is hereby DISMISSED, and the case is declared CLOSED and TERMINATED. No further pleadings or motions shall be entertained herein. 1 Section 3, Rule 50 of the Rules of Court provide as follows: "Sec. 3. Withdrawal of appeal.- An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court." 2 Central luzon Drug Corporation vs. Commissioner of Internal Revenue, G.R. No. 181371, March 2, 2011, 644 SCRA 433.

RESOLUTION CTA EB NO. 1541 (CTA Case No. 8530) Page3of3 Consequently, the Amended Decision by the Court in Division dated October 12, 2016 is hereby declared FINAL and EXECUTORY. Let an entry of judgment in this case be made in due course. SO ORDERED. Presiding Justice ~~c.~~~9-. LOVELt. BAUTISTA Associate Justice J~NITO C. CASTANEDA,~R. Associate Justice CAESAR~ASANOVA Associate Justice , ER~P.UY Associate Justice � WtJ; ~.M~-h'~ . FABON-VICTORINO CIELITO N. MINDARO-GRULLA Associate Justice ?at,. ~ J '-- ~~A~ CATHERINtT. MANAHAN MA. BELEN M. RINGPIS-LIBAN Associate Justice Associate Justice