Customs loses P15-M case vs importer of lotto paper By Benjamin B. Pulta 05/08/2011

Customs loses P15-M case vs importer of lotto paper

By Benjamin B. Pulta 05/08/2011
The Supreme Court’s Third Division has turned down a petition filed by lawyers of the Bureau of Customs (BoC) questioning the decision of the Court of Tax Appeals (CTA) and the Department of Justice (DoJ) to drop the criminal charges for violation of the Customs Code they filed against officials of a company which allegedly failed to pay the correct duties on more than a million dollars’ worth of thermal paper the firm imported for use by the government’s lottery operations.

In its decision, the high tribunal through Associate Justice Conchita Carpio-Morales upheld the dismissal of the case filed by the BoC against officials of Mark Sensing Philippines Inc. (MSPI).

“In fine, petitioner’s (BoC’s) motion for reconsideration of the challenged CTA Resolution did not bear the imprimatur of the public prosecutor to which the control of the prosecution of the case belongs, the present petition fails,” the SC said as it noted that the BoC was likewise “not represented by the Office of the Solicitor General in instituting the present petition which contravenes established doctrine that the OSG shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyers.”.... MORE

Source:  The Daily Tribune

URL: http://www.tribuneonline.org/metro/20110508met1.html