PEOPLE OF THE PHILIPPINES v. EAGLE'S FORTUNE, INCORPORATION and WHANG ZHI ZIN a.k.a Alex Ong c/o Jaromay Laurente Pamaos Law Offices 6th Floor, One Jaroma Place, Congressional Avenue, Corner San Beda St., Quezon City (At-Large)

Repub\\c of the Phi\\pp\n@S COURT OF TAX APPEALS Quezon City FIRST DIVISION PEOPLE OF THE CTA CRIM CASE NO. 0-530 PHILIPPINES, Plaintiff, For: Violation of Section 255, of the National Internal -versus- Revenue Code of 1997, as amended Members: EAGLE'S FORTUNE, DEL ROSARIO, Chairperson INCORPORATION and UY, and WANG ZHI ZIN a.k.a ALEX MINDARO-GRULLA, JJ. ONG, a.k.a WHANG ZHI ZIN Accused. Promulgated: . RESOLUTION MINDARO-GRULLA, .1.: For resolution are the following: 1. Motion to Withdraw filed by the People of the '' Philippines; and i' ' �'I 2. Urgent Motion to Quash Amended Information 1: I, I and/or reinvestigation ' :.�',. .~'� ' Plaintiff People of the Philippines moves to withdraw all the Informations in CTA Criminal� Case Nos. 0-530, 0-534 and 0-535 on the ground that there appears to be an incongruity between the crimes alleged in the Joint Complaint-Affidavit dated February 16, 2012 and the corresponding Resolution dated June 9, 2014 that might place the prosecution in a quandary as to the filing of the Informations. 4.

People of the Philippines vs. Eagle's Fortune, Incorporation and Wang Zhi Zin a.k.a. iI . Alex Ong a.k.a Whang Zhi Zin Page 2 of 2 CTA Criminal Case Nos. 0-530 RESOLUTION .. '. The rule is well-settled that once a complaint or '�� information is filed in court any disposition of the case as to its dismissal or the conviction or acquittal of the accused rests in the sound discretion of the court. 1 Considering that I� the Motion to Withdraw has been signed by the Special : Prosecutors of the Bureau of Internal Revenue, with the conforme of the Assistant Prosecutors and Prosecutor General Claro Arellano from the Department of Justice, withdrawal of the Informations is in order. Consequently, the Urgent Motion to Quash Amended Information and/or reinvestigation filed by accused is considered moot and academic. WHEREFORE, the Motion to Withdraw filed by the People of the Philippines is hereby GRANTED. The Urgent Motion to Quash Amended Information and/or reinvestigation filed by accused is hereby rendered MOOT and ACADEMIC. Consequently, the Informations in CTA Criminal Case Nos. 0-530, 0-534 and 0-535 are hereby WITHDRAWN. CTA Criminal Case Nos. 0-530, 0-534 and 0-535 are hereby DISMISSED without prejudice to the filing of new Informations. SO ORDERED. ~ N. M~~--G~ CIELITO N. MINDARO-GRULLA Associate Justice WE CONCUR: . (on leave) ERL~.UY ROMAN G. DEL ROSARIO Presiding Justice Associate Justice �, >'1 .. . ~�� i ;' : t' 1 Mario Fl .Crespo vs. Hon. Leodegario L. Mogul, et al., G.R. No. 53373, June 30, 1987. I