cta_resolution CTA Case No. O-1055O-1055 2023-10-02

PEOPLE OF THE PHILIPPINES v. SHELMARK BUILDERS PHILS, INC. and SANTIAGO C. BARANGAN No. 51 Pisces St., Carmel 5 Subdivision, Tandang Sora, Quezon City

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PEOPLE OF THE PHILIPPINES, CTA CRIM. CASE NO. 0-1055 Plaintiff, For: Violation of Section 255 in relation to Sections 253 (d) and 256 of the NIRC of 1997, -versus- as amended Members: SHELMARKBUILDERS PHILS., RINGPIS-LIBAN, Chairperson, INC. and SANTIAGO C. MODESTO-SAN PEDRO, and BARANGAN FERRER-FLORES, JJ. No. 51 Pisces St., Carmel 5 Subdivision, Tandang Sora, Quezon Promulgated: City, (At-Large), Accused. :./lf- "' . X�����------���------��-------������������� ~ �������X ------�� RESOLUTION To recall, on May 26, 2023, the Court directed the prosecution to submit the original or certified true copy of the Referral Letterfrom the Commissioner of Internal Revenue, Department of Justice (DOJ) Investigation Data Form, and the Joint Complaint-Affidavit. 1 Meanwhile, in the Resolution dated June 1, 2023, this case was transferred to the CTA Second Division pursuant to the Administrative Circular No. 01-2023 (Reorganizing the Divisions of the Court) dated May 23, 2023.2 Records show that the prosecution received the Court's Resolution dated May 26, 2023 on June 7, 2023; however, the prosecution has not yet 1 Resolution dated May 26, 2023, Docket, pp. 90 to 92. 2 Resolution dated June I, 2023, Docket, p. 93.

RESOLUTION CTA CRIM. CASE NO. 0-1055 Page 2 of2 complied with the said directive despite the lapse of the period for filing its compliance. 3 Considering the foregoing and after a careful evaluation of the case records, the Court finds the supporting documents on record insufficient to establish a probable cause. WHEREFORE, the instant Information is DISMISSED without prejudice. SO ORDERED. ~. ~ --z_ ' - - - MA. BELEN M. RINGPIS-LIBAN Associate Justice co'ftx~r>Nt'i~.&l~oR.\s Associate Justice 3 Records Verification dated August !6, 2023, Docket.

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