cta_resolution CTA Case No. O-978O-978 2024-04-29

PEOPLE OF THE PHILIPPINES v. JUANITA L. ILAGAN (Poblacion, San Pascual, Batangas, and or CMI Compound, Brgy. Sta. Rita, Batangas City)

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PEOPLE OF THE CTA CRIM CASE NO. 0-978 Plaintiff (NPS I.S. NO: :A'VI-INV-19G- PHILIPPINES, 00275) -versus- For: Violation of Section 255 of the National Internal Revenue Code of 1997, as amended. Members: RINGPIS-LIBAN, Chairperson, MODESTO-SAN PEDRO, and JUANITA L. ILAGAN, FERRER-FLORES,JJ. (Poblacion, San Pascual, Batangas, and/or CMI Compound, Barangay Sta. Rita, Batangas City) Promulgated: (at large) APR Z9 ZOZ4 L_ Accused. x--------------------------------------------------------------------~-~-~~~;-------------x RESOLUTION I f�'? . On December 5, 2022, an Information dated September 16, 2019 was flied by the prosecution against the accused for violation of Section 255 of the National Internal Revenue Code of 1997, as amended. On February 8, 2023, a Resolution was issued, which found the existence of probable cause and ordered the issuance of a warrant of arrest against the accused. Consequently, on February 15, 2023, a warrant ofarrest was issued. However, in a Resolution dated January 26, 2024, the Court noted that the prosecution and/ or the enforcement officers deputized to execute the warrant have not informed it of the status of the same as required in Rule 113, Section 4 of the Rules of Court. On April 2, 2024, a Records Verification was issued by the Court's Records Division, which reported that the prosecution and/or the enforcement officers failed to comp!J with the January 26, 2024 Resolution.

RESOLUTION CTA CRIM . CASE NO. 0 -978 WHEREFORE, in view of the foregoing, the case is DISMISSED fo r failure to prosecute.1 SO ORDERED. ~.~ __..,. '----. MA. BELEN M. RINGPIS-LIBAN Associate Justice MARIARO u stic e ON LEAVE CORAZON G. FERRER-FLORES Associate J ustice 1 RULE 17 DISMISSAL OF ACTIONS. "Section 3. Dismissal due to fault of plaintiff. - If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his or her evidence in chief on the complaint, or to prosecute his or her action for an unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his or her counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court." (Underscoring supplied)

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