CTA Case No. 4320 (Resolution)

REPUBLIC OF THE'PHILIPPINES COURT OF TAX ~PPEALS QUEZO CITY TESSY MERIDORES, C.T.A. CASE NO. 4320 doing bu in� und r th naae nd tyle of ELEVEN INDUSTRIES, Petitioner, - verwus HON. SALVADOR M. ISON, in his of'f'icial cap city as Coaaiwsionero of Cu toas, R spond nt. X- - - - - - - - - - - X RE S 0 L UT I 0 N On July 17, 11991, petitioner filed a "Motion To Withdt''aw Petition And To Release Slwety Bond" pr~ay i ng for the withdt�awal of the amended petition for review as well as the release and lifting of the surety bond CCBIC Bond No. 0300) posted and the time d posit ( pt"oceeds of EBC CTD No. i204339) of P570,000.00 ~ssigned in favor of the Country Bankers Insurance Cot"poration, the Sltrety in this case, in order to cover the bond on the ground that out of the 8 packages, subject mattet" of �the pt"esent suit, ordered by this Cot.trt to be released infavor of petitioner after the posting of said bond only 3 packages can be t"eleased by respond nt since the other 5 packages at"e missing and cannot be located despite diligent efforts on the part of respondent's 260

RESOLUTION CTA CASE NO. 4320 - 2- official5 to locate them and considering this recent development petitioner is no longet~ interested in p�.tr uing this case. Petitioner also surrenders to this court the unused original copies of the Bureau of Cs.tstoms Gate Pass No. 7164 dated May 30, 1991 xpr�ssing her intent and desire to abandon the subject ahipment involved in this case. Petit i omn�' motion to withdraw and release surety bond was set for hear:i. ng on J�.tl y 26 , 1991 but de spit notice of hearing set'Ved on respondent'~ counsel the latter failed to appear at the scheduled date of hearing of said motion. Hence, this Court submitted petitionet"' s motion for resol�Jtion. In view of the lack of interest on the part of petition r to pt~oseCl!te het~ appeal with this Cot.n�"t nd there being no objection nor comment interposed by respondent's counsel due to his failure to appear on the heat"i ng set for this rnot ion despite proper service of the notice of hearing which was received by respondent's counsel on July 19, 1991, this court RESOLVES to BRANT petitioner's motion to wi't;hdt"aw petition. Likewise, it is hereby Ot"dered that the surety bond <CBIC Bond No. 0300) issued by the Country Bankers Insurance Corporation on February B, 1990 in the amount of P57o,ooo. oo be lifted and the 261

RESOLUTION CTA CASE NO. 4320 - 3- Deed of Assignment of petitioner's time deposit CEBC CTD No. 204339> iss~ea by petitioner i n favor of the Country Bankers Insurance Corporation is hereby cancelled considering the surety bond on which this deed o ssignment is b~sed has already been lifted. ACCORDINGLY, 1 et the amended petition for re\1 i ew be deemed wi thdt~a wn and the above-ent it 1 ed case considered clos d And terminated. SO ORDERED. Qt..tezon City, Mrh o M nila, August 20, 1991. <On Leave> CONSTANTE C. ROAQUIN Associate Judge . 262 .,.. '-