CA junks raps vs. Shell Petroleum on tax credit certificates

June 19, 2013 11:00 pm 

By Perfecto T. Raymundo, Jr.

MANILA, June 18 (PNA) — The Court of Appeals has dismissed the case filed against Pilipinas Shell Petroleum Corp. which was accused of allegedly using fraudulently obtained tax credit certificates.

In a two-page resolution of the CA's 9th Division dated June 3, 2013, written by Associate Justice Socorro Inting, it upheld the Manila Regional Trial Court decision clearing the PSPC of any misdeeds.

The CA denied the motion for reconsideration filed by the Bureau of Customs against PSPC since there are no new arguments presented which would warrant the reversal of their earlier ruling.

"After carefully considering the grounds raised in the subject vis-a-vis the Comment thereto, We find that the reasons and arguments in support of the motion have been amply treated, discussed and passed upon in the subject resolution. The additional arguments proffered therein constitute no cogent or compelling reason to modify, much less reverse it," the CA said.

In its original ruling, the CA found no "reversible error committed by the [Regional Trial Court of Manila Branch 49] in rendering a summary judgment inasmuch as no genuine triable issue exists in this case that requires trial on the merits and consequently dismissing the complaint against PSPC."

The CA ruling denied the appeal filed by the BOC seeking reconsideration on RTC's decision.

"The assailed Orders dated April 28, 2010 and July 2, 2010 of the [RTC of Manila] are hereby affirmed," the CA said.

The RTC earlier reversed and set aside its Feb. 22, 2010 Order, thus, dismissing the case against PSPC.

However, it also ordered the trial of the case against Filipino Way Industries.

Filway executed a Deed of Assignment over the Tax Credit Certificates in favor of PSPC on May 7, 1997 whereby it assigned, transferred and waived all its rights, claims and interests in PSPC's favor, in consideration of which PSPC paid the amount of P9,080,000.

The CA said the Supreme Court had resolved issues surrounding the case.

"As may be gleaned from the pleadings, the arguments advanced by both parties reveal that there is clearly no genuine issues necessitating a full-blown trial in view of the fact that the same point at issue had already been discussed and resolved by the Supreme Court in the previous case of Pilipinas Shell Petroleum Corporation vs. Commissioner of Internal Revenue," the CA said.

Concurring with the CA ruling were Associate Justices Jose Reyes, Jr. and Mario Lopez. (PNA)



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