PEOPLE OF THE PHILIPPINES v. ENERGITECH INDUSTRIAL CORPORATION/RONALD PEREZ, (Suite 213 Chateau Verde Condo Gate 2 Valle Verde E. Rodriguez Avenue, Ugong, Pasig City)
REPUBLIC OF THE PHILIPPINES COURT OFTAX APPEALS QUEZON CITY SECOND DIVISION PEOPLE OF THE PHILIPPINES, CTA CRIM. CASE NO. 0-1051 Plaintiff, -versus- For: Violation of Section 255, in relation to Sections 253(d) and 256, of the NIRC of 1997, as amended. Members: ENERGITECH INDUSTRIAL RINGPIS-LIBAN, Chairperson, CORPORATION/RONALD MODESTO-SAN PEDRO, and PEREZ, (Suite 213 Chateau Verde Condo Gate FERRER-FLORES, JJ 2 Valle Verde E. Rodriguez Avenue, Ugong, Pasig City), Promulgated: p . -C~ ~ -At-Large- Accused. SEP 15 11113~ X----------------------------------------- _� - - - - X RESOLUTION On April 20, 2023, the prosecution filed the Information, dated November 6, 2019, attaching therewith the supporting documents against herein accused, Energitech Industrial Corporation/Ronald Perez, for violation of Section 255 in relation to Sections 253(d) and 256 of the National Internal Revenue Code (NIRC) of 1997, as amended. In the Resolution dated May 26, 2023, the Court noted that all of the supporting documents were mere photocopies except for the Resolution, dated November 6, 2019, issued by the Department of Justice (DOJ) on NPS Docket No. XVI-INV-18L-01030. The Court, likewise, noted that there are some deficiencies in the entry of appearance of the prosecution's counsels. Consequently, the prosecution was given five (5) days from receipt of the resolution to suhmit the original or certified tn1e copy of the Investigation Data Form with its supporting documents, referral letter of the Commissioner of Internal Revenue to the DOJ Secretary, Joint Complaint-
RESOLUTION CTA CRIM. CASE NO. 0-1051 PAGE 2 of2 Affidavit of Atty. Dayne B. Medina, Susan G. Abesamis, Mosstheollou R. Santos, and Charmaine D. Tomas, with its attached annexes, and to comply with the deficiencies in the entry of appearance of its counsels. 1 The prosecution received the Court's Resolution, dated May 26, 2023, on June 7, 2023 through personal service;2 however, the prosecution has not yet complied with the said directive as per Records Verification dated August 16, 2023.3 Considering the foregoing and after a careful evaluation of the case records, the Court finds the Information and its supporting documents insufficient to establish a probable cause. WHEREFORE, CTA Crim. Case No. 0-1051 1s DISMISSED without prejudice. SO ORDERED. 06.t. -tL.L-. _, .___ MA. BELEN M. RINGPIS-LIBAN Associate Justice 1 Docket,pp. 71-74. 2 Notice of Resolution dated May 26, 2023, Docket, p. 70. 3 Docket, p. 76.
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