CTA Case No. EB CRIM-40 (Resolution)

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY ENBANC ENVIROAIRE INC., represented CTA EB CRIM NO. 040 By TYRONE N. ONG and ARLENE (CTA Crim. Case No. 0-408) CHUA, Petitioner, Present: DEL ROSARIO , P.J., CASTANEDA, JR., BAUTISTA, -versus- UY, CASANOVA, FABON-VICTORINO , MINDARO-GRULLA, RINGPIS-LIBAN, and MANAHAN, JJ. THE HONORABLE COURT OF TAX APPEALS (FIRST DIVISION), PEOPLE OF THE PHILIPPINES, + OF INTERNAL Promulgated: and BUREAU Respondent. MAR 17 2017 REVENUE, ){- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ){ RESOLUTION On February 17, 2017, petitioner filed the instant Petition for Certiorari under Rule 65. However, upon determination of its su fficiency in form and substance, it was discovered that said petition is lacking in verification and certification of non-forum shopping which is required under Rule 461 of th e Rules of Court in relation to Rule 652 and Rule 56 3. On Febru ary 20 , 2017, petitioner filed a Motion to Withdraw said petition. WHEREFORE, in accordance with the recent pronouncements4 of th e Supreme Court confirming the Court 1 Section 3. 2 Section 6. 3 Section 2. 4 Bureau of Customs v. Devanadera et al. , G.R. 193253, September 8, 2015 .

RESOLUTION CTA E.B. Crim. No. 040 Page 2 of2 of Tax Appeals' (CTA) jurisdiction over special civil actions for certiorari under Rule 65, involving cases that are within the expanded jurisdiction of the CTA, and after finding the petition for certiorari lacking in verification and certification of non- forum shopping which is fatal under the rules of court, said petition for certiorari is hereby DISMISSED for insufficiency in form. As to the motion to withdraw said petition, the issue becomes moot and academic. Presiding Justice 9. c ~ c..v-~o~-. ~ 5). ~. LOVELL BAUTISTA Associate Justice JU.AN4TO C. CASTAN~A~ JR. Associate Justice ft ERL~P.UY CAESAR A. CASANOVA Associate Justice Associate Justice CitJ: N. M,.;.~~C~ . FABON-VICTORINO CIELITO N. MINDARO-GRULLA Associate Justice ~- ~A- Z. c~� 7�~-n~~-- MA. BELEN M. RINGPIS-LIBAN cATHERINE T. MANAHAN Associate Justice Associate Justice