Tax credit certificates claimed by Shell

The Court of Appeals has affirmed a ruling of the Manila Regional Trial Court dismissing the case against Pilipinas Shell Petroleum Corp. accused of using fraudulently obtained tax credit certificates.

In an 18-page ruling, the CA’s 9th Division 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 denied the appeal filed by the Bureau of Customs seeking a reconsideration of the Manila RTC’s ruling.

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

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

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

Filway executed on May 7, 1997 a Deed of Assignment over the Tax Credit Certificates in favor of PSPC 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.

In its ruling written by Associate Justice Socorro Inting, 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.

Leave a Reply