CTA Case No. 3728 (Resolution)

/ I 1Ut.-tJBL.JC 0 F 1H�. f'.t�~t:otn� �:OUR'f OF T AP1'EAU Ql..l1r.tull onr ELECTRONIC POWER C. T. A. CASE NO . 3728 SYSTEMS CORPORATION, Petitioner , - versus - THE ACTING COMM ISSIONER OF cusTor~ s , Respondent . X- - - - - - - - - - - X R ES 0 L UT I 0 N After careful consideration of petitioner ' s "!,1otion For Leave To Avail Of Executive Order No . 38" filed on t�1a rch 11, 1988, respondent ' s opposition thereto and petitioner ' s arguments in its reply to the opposition , the Court finds plausible ground for gr~nting sa i d leave during the pendency of th i s case , cons i dering that : 1) The decision of respondent Acting Comm issioner of Customs i n the seizure proceeding declaring the forfeiture of : 600 G 51229- 02 - AK 18E Compre ssors 1000 G 503929- 06- AK 12E6 Compre ssors llOO G 505629-6 - Pos i tion Rotary Switch 1100 G 512884 - Thermostats 6100 G 506433 - Door Mechanics has been appealed by petitioner to this Court, and therefore , has not yet become final and executory . As such , pending judicial adjudication or di sposition of the appeal assailing the legality of forfeiture , respondent should not prejudge the case by stating that fraud is employed by herein movant;

RESOLUTION - CTA CASE NO . 3728 - 2- 2) That the merchandise in question are not prohibited potation under applicable laws . And in any case, the settlement is subject to the approval bJ the Com,issioner of Customs . WHEREFO E, in line vlith the present administration's thrust to increase and accelerate revenue collection and hasten the release of cargoes under seizure proceedings , etitioner is hereby G AHED leave of Court to avail of Executive Order No. 38 pursuant to the terms and conditions laid down therein. Let the Court be advised of the result thereof as soon as practicable for proper disposition of this case . SO 0 DERED . Quezon City, Netro ~an ila, July 6, 1988 . ~~f.?/ Presiding Judge ALEX Z. REYE (On Official Leave) Associate Judge CO,~STANTE C. ROAQUIIJ Associate Judge