MISAMIS ORIENTAL I RURAL ELECTRIC SERVICE COOPERATIVE, INC., (MORESCO I) v. COMMISSIONER OF INTERNAL REVENUE (CIR)

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY ENBANC MISAMIS ORIENTAL I CTA EB No. 2368 RURAL ELECTRIC SERVICE (CTA Case No. 9585) COOPERATIVE, INC. (MORESCO I), Present: Petitioner, Del Rosario, P.J, Castaneda, Jr., -versus - Uy, Ringpis-Liban, Manahan, Bacorro-Villena, and Modesto-San Pedro, JJ COMMISSIONER OF INTERNAL Promulgated: REVENUE, RESOLUTION For resolution of the Court En Bane is petitioner's Motion to Withdraw Petition filed via private courier on May 17, 2021. Petitioner moves for the withdrawal of the present Petition for Review on the ground that it was able to obtain an amnesty from respondent Commissioner of Internal Revenue in relation to CTA Case No. 9585. Section 3, Rule 50 ofthe Rules of Court, in relation to Section 3, Rule 1 ofthe Revised Rules of the Court ofTax Appeals (RRCTA) 1, provides: 1 Section 3, Rule I of RRCTA states: "SEC. 3. Applicability of the Rules of Court. - The Rules of Court in the Philippines shall apply suppletori ly to these Rules."

RESOLUTION CTA EB No. 2368 (CTA Case No. 9585) Page 2 of3 "SEC. 3. Withdrawal of appeal. -An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court." Given that respondent has not yet filed any responsive pleading to the present Petition for Review, the Petition for Review may be withdrawn as a matter of right. WHEREFORE, petitioner's Motion to Withdraw Petition dated March 22,2021 is GRANTED. As prayed for, the present Petition for Review dated October 30, 2020 is deemed WITHDRAWN. The assailed Decision dated October 1, 2019 in CTA Case No. 9585 is declared final and executory. Accordingly, the present case is now deemed CLOSED and TERMINATED. SO ORDERED. Presiding Justice Q.c.a...:f-~ Q ERL~UY JUAN<fiO C. CASTANED~,'JR. Associate Justice Associate Justice ~-~ ~ MA. BELEN M. RINGPIS-LIBAN Associate Justice ~7-~ CATHERINE T. MANAHAN Associate Justice

RESOLUTION CTA EB No. 2368 (CTA Case No. 9585) Page 3 of3 - LLENA MARIA PEDRO