CTA Case No. 5961 (Resolution)

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY TIGER ASIA TRADING CORP., AGAPITO ESTOMATA & AGRIFINO ESTOMATA, Petitioners, -versus- C.T.A. CASE NO. 5961 ATTY. EMELITO V. VILLARUZ, District Promulgated: Collector of Customs, Port of Subic, Atty. NELSON A. TAN, in his capacity as JAN 08 200~~~ Commissioner of Customs, Hon. RONALDO ZAMORA, in his capacity as the EXECUTIVE SECRETARY of the PRESIDENT OF THE PHILIPPINES, Respondents. x-----------------------------------------------------------x RESOLUTION Submitted for the approval of this Court is the "Compromise Agreement" entered into between herein Petitioners and Respondents, the pertinent portion of which reads as follows: " 1. The importation of the six vehicles subject of CTA Case No. 5961 is supported by regular documentation. 2. Agapito Estomata, Agrifino Estomata and Tiger Asia Trading Corporation, through their attorney-in-fact hereby waive all claims for damages and all Gther causes of actions against BOC, OES, their duly authorized representatives anrt such other government officials, offices and employees acting for and on their behalf pertaining to and arising from the forfeiture of the vehicles subject ofCTA Case No. 5961 . 3. Upon the signing ofthis AGREEMENT, BOC, OES, on one hand; Agapito Estomata, Agrifino Estomata and Tiger Asia Trading Corporation, through their attorney-in-fact Carlos Bravo, on the other, shall submit this AGREEMENT to the Court of Tax Appeals

RESOLUTION- CTA CASE NO. 5961 PAGE2 in CTA Case No. 5961 for approval and shall simultaneously and jointly move to dismiss it, with prejudice. 4. Upon approval of this AGREEMENT and dismissal of CTA Case No, 5961 , with prejudice, Agapito Estomata, Agrifino Estomata and Tiger Asia Trading Corporation, shall pay to BOC the duties and taxes heretofore stated. 5. BOC and OES shall release the vehicles subject of CTA Case No. 5961 only upon payment of the aforementioned duties and taxes and upon presentation of the court's approval of this compromise agreement." On December 13, 2000, this Court issued a resolution holding in abeyance the approval of the said Compromise Agreement as there was no showing that it has been approved by the Secretary of Finance pursuant to Section 2316 of the Tariff and Customs Code of the Philippines. On January 2, 200 1, the parties, pursuant to the said resolution, submitted to this Court the written approval of the Secretary of Finance, Hon. Jose T. Pardo, to the compromise agreement. (see page 165, CTA docket) Thus, finding the above-quoted compromise agreement to be in order and considering the approval thereto of the Secretary of Finance pursuant to Section 2316 of the Tariff and Customs Code, the same is hereby APPROVED since its provisions are not prohibited by law nor condemned by judicial decision nor contrary to morals, good customs and public policy. This Court is therefore imposing a judgment on the basis of the very terms and conditions of the Compromise Agreement entered into between the parties. The parties are hereby enjoined to comply strictly dnd in good faith as well as with sincerity and honesty to the terms, conditions and stipulations therein contained.

RESOLUTION - CTA CASE NO. 5961 PAGE3 IN VIEW OF THE FOREGOING, Jet judgment be rendered ordering the release of the following imported vehicles to the Petitioners, Tiger Asia Trading Corp., Agapito Estomata and Agrifino Estomata, subject to payment of full customs duties and taxes in accordance with the said compromise agreement. BRAND OF CAR LINCOLN NAVIGATOR CHASSIS NO. MPU28LXWLJ57437 CONSIGNEE AGAPITO ESTOMATA BRAND OF CAR LEXUS RX300 CHASSIS NO. JTGHFI OU6X0029191 CONSIGNEE AGRIFINO ESTOMATA BRAND OF CAR LINCOLN NAVIGATOR CHASSIS NO. MPU28LXWLJ51618 CONSIGNEE TIGER ASIA TRADING CORP. BRAND OF CAR MERCEDES BENZ-M-320 CHASSIS NO. 4JGAB54E4WA050609 CONSIGNEE TIGER ASIA TRADING CORP. BRAND OF CAR LEXUS RX300 CHASSIS NO. JTGHFI OU7X0022802 CONSIGNEE TIGER ASIA TRADING CORP. BRAND OF CAR LINCOLN NAVIGATOR CHASSIS NO. MPU28L2WLJ55730 CONSIGNEE TIGER ASIA TRADING CORP. SO ORDERED. Q._,.~ . Q~ ERNESTO D. ACOST. �\ Presiding Judge ftV. ~ RAMON O. DE