cta_resolution CTA Case No. O-1042O-1042 2023-08-29

PEOPLE OF THE PHILIPPINES v. LADY LOVE EDUBALA RATO, (Proprietress of F.E.R.N. Freight Enterprises - Room 318, 3rd Floor Champ Building, Railroad Street, Brgy. 650, 068, Port Area, City of Manila) - At large -

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PEOPLE OF THE PHILIPPINES, CTA CRIM. CASE NO. 0-1042 Plaintiff, For: Violation of Section 1401 (e), -versus- in rei. to Sees. 1400, 1403, 1113(i), (1)(3)(4)(5), 107, 404 and 405, of Republic Act No. 10863. Members: LADY LOVE EDUBALA RATO, RINGPIS-LIBAN, Chairperson, (Proprietress ofF.E.R.N. Freight MODESTO-SAN PEDRO, and Enterprises- Room 318, 3rct Floor FERRER-FLORES, JJ Champ Building, Railroad Street, Brgy. 650, 068, Port Area, City of Promulgated: Manila), (At-Large), Y" AUG 29 zo; y:~o ,.,. ' Accused. x------------------------------------------ -----------------x RESOLUTION To recall, the prosecution filed an Information with attached supporting documents against the accused on April13, 2023. The Court noted, however, that some of the supporting documents were mere photocopies; thus, it directed the prosecution to submit their original/certified true copy. 1 On May 24, 2023, the prosecution filed its Manifestation with Compliance, submitting the certified true copies of ( 1) Referral Letter dated March 12, 2021 of the Commissioner of Customs; (2) Complaint-Affidavit of Customs Operations Officer Noel M. Base (with the attached annexes); and (3) Investigation Data Form with NPS Docket No. XVI-INV-21C-00092 dated March 12, 2021, which the Court noted on June 14, 2023.2 On July 11, 2023, the Court directed the prosecution to submit the original/certified true copies of (I) Order dated June 9, 2021 issued by the Department of Justice; and (2) Annexes A to M with its sub-markings, 1 Resolution dated May 4. 2023, Docket. pp. 89 to 92. 2 Minute Reso/ut;un dated June 14, 2023. Docket.

RESOLUTION CTA CRIM. CASE NO. 0-1042 Page 2 of2 attached to the Complaint-Affidavit of Custom Operations Officer Noel M. Base.3 The prosecution then filed on July 18, 2023 its Manifestation with Compliance, submitting the allegedly certified true copies of the above- mentioned supporting documents. Nevertheless, a perusal of the aforesaid Compliance shows that the prosecution still failed to submit the original or certified true copy of the annexes attached to the Complaint-Affidavit of Customs Operations Officer Base, but submitted mere colored printouts ofthe scanned certified true copies of the annexes. Considering the foregoing and after a careful evaluation of the case records, the Court finds the supporting documents on record insufficient to establish probable cause. WHEREFORE, the instant Information 1s DISMISSED without prejudice. SO ORDERED. (On leave) MA. BELEN M. RINGPIS-LIBAN Associate Justice MARIA ROWEN ustice I RES 3 Resolution dated July II, 2023, Docket.

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