NATIONAL TRANSMISSION CORPORATION v. PROVINCIAL GOVERNMENT, Represented by: Ms. Emilia L. Iringan, Asst. Provincial Treasurer, OIC- Office of the Provincial Treasurer

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY ENBANC NATIONAL TRANSMISSION CTA EB No. 795 CORPORATION, (CfA OC No. 013) Petitioner, Present: Acosta, P.J., Castaneda, Jr., -versus- Bautista, Uy, Casanova, Palanca-Enriquez, Fabon-Victorino, Mindaro-Grulla, and Cotangco-Manalastas, JJ. PROVINCIAL GOVERNMENT OF CAGAYAN, Represented by: Ms. EMILIA L. IRINGAN, Asst. Provincial Treasurer, OIC - Office of the Provincial Treasurer, Respondent. Promulgated: FEB061011 ~ x-------------- -- - ----- ------ - --- --- --- --- - -- - - ------- - ------- ~ - -~ ;(~~--x RESOLUTION CASTANEDA, JR., J.: For resolution is the Joint Manifestation and Motion filed by National Transmission Corporation ("petitioner") and the Provincial Government of Cagayan, represented by Assistant Provincial Treasurer, OIC-Office of the ~

RESOLUTION CTA EB Case No. 795 (CTA OC No. 13) Page 2of4 ' Provincial Treasurer, Ms. Emilia L. Iringan ("respondent") praying that the Honorable Court dismiss the Petition for Review. Records disclose that on January 27, 2011, the Court's Third Division ordered petitioner to pay the amount of P4,735,886.24 representing franchise tax deficiency for calendar years 2002 to 2007, governor's fee in the amount of P20,000.00, surcharges and interest. 1 Acting upon petitioner's Motion for Reconsideration, the Court issued a Resolution dated June 10, 2011 denying the Motion for lack of merit. 2 On July 15, 2011, petitioner filed an appeal with the Court en bane, while respondent filed the corresponding Comment to the Petition on September 5, 20 11.3 In compliance with the Court's Resolution dated September 21, 2011, only the petitioner filed a Memorandum. Thereafter, the case was submitted for decision as of January 4, 2012.4 Both parties consequently submitted a Joint Manifestation and Motion seeking for the dismissal of the Petition due to the fact that last December 5, 2011, they agreed that petitioner will pay the amount of P6,101,877.13 representing franchise tax liability and governor's permit fee of P40,100.00 for calendar years 2004 to 2007. On December 20, 2011, petitioner paid its r agreed monetary liabilities. 5 1 Rollo, pp. 51 -52. Penned by Associate Justice Amelia R. Cotangco-Manala stas and con curred in by Associate Justices Lovel l R. Bautista and Olga Palanca-Enriquez. 2 Rollo, p. 63. 3 Rollo, p. 8 & p.1 20. 4 Rollo, p. 162. 5 Rollo, pp. 164-167.

RESOLUTION CTA EB Case No. 795 (CTA OC No,. 13) Page3of4 The Court shall treat petitioner and respondent's Joint Manifestation and Motion as a Motion to Withdraw the case. Withdrawal of appeal is discretionary once the case is submitted for decision. 6 Although petitioner and respondent's Joint Manifestation and Motion was filed more than a week after the case was submitted for Decision, as early as of Decem ber 5, 2011, the parties have amicably entered into a compromise agreement to end the case due to petitioner's payment of P6,101,877.13 representing franchise tax liability and governor's permit fee of P40,100.00 for calendar years 2004 to 2007. A compromise agreement is a contract whereby the parties make reciprocal concessions in order to resolve their differences and thus avoid or put an end to a lawsuit. 7 There is a joint desire to terminate the proceedings. 8 Clearly, both petitioner and respondent through their duly authorized representatives have validly signed and voluntarily executed a compromise agreement warra nti ng the withdrawal of the case. WHEREFORE, petitioner and respondent's Joint Manifestation and Motion to Withdraw the case is hereby GRANTED. CTA EB Case No. 795 is y-- considered CLOSED and TERMINATED. 6 Kepco Ilijan Corporation vs. CIR, CTA EB Case No. 611, Resolution dated June 13, 2011 citing Central Luzon Drug Corporation v. Commissioner ofInternal Revenue, G.R. No. 181371, Resolution dated March 2, 2011, 644 SCRA 436 . 7 Cosmos Bottling Corporation v. Pablo Nagrama, Jr., G.R. No. 164403, March 4, 2008, 547 SCRA 571. 8 Cosmos Bottling Corporation v. Pablo Nagrama, Jr., supra.

RESOLUTION CTA EB Case No. 795 (CTA OC No. 13) SO ORDERED . ~hC-~o(.Q... ViUANITO C. CASTANEii"A{1R: Associate Justice WE CONCUR: Lti-- ~ ERNESTO D. ACOSTA Presiding Justice ISTA ER~.UY $ - - -- Associate Justice CAESAR A. CASANOVA 0~=-E~Z Associate Justice Associate Justice t.~t.t N. M~ ..0~ C'iECflo N. MINDARO-GRULLA Associate Justice ~~- /, ;y/~#- AMELIA R. COTANGCO- MANALASTAS Associate Justice