Back to Search
JurisprudenceG.R. No. 191856 -

G.R. No. 191856 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE BUREAU OF INTERNAL REVENUE (BIR), V. GMCC UNITED DEVELOPMENT CORPORATION, JOSE C. GO, AND XU XIAN CHUN.

Share:

TL;DR — Ruling

WHEREFORE , it is respectfully recommended that the instant complaint be DISMISSED . [29] The Bureau of Internal Revenue filed a Motion for Reconsideration, [30] which the Department of Justice denied in the Resolution dated August 31, 2006. [31] Aggrieved, the Bureau of Internal Revenue filed before the Court of Appeals a Petition for Certiorari. [32] The Bureau argued that the Department of Justice gravely abused its discretion in dismissing the criminal complaint against GMCC's officers.

Decision

Ruling

WHEREFORE , it is respectfully recommended that the instant complaint be DISMISSED . [29] The Bureau of Internal Revenue filed a Motion for Reconsideration, [30] which the Department of Justice denied in the Resolution dated August 31, 2006. [31] Aggrieved, the Bureau of Internal Revenue filed before the Court of Appeals a Petition for Certiorari. [32] The Bureau argued that the Department of Justice gravely abused its discretion in dismissing the criminal complaint against GMCC's officers. On September 8, 2009, the Court of Appeals denied the Petition and affirmed in toto the Department of Justice's Resolution. The dispositive portion of the Decision [33] reads: WHEREFORE , the foregoing considered, the instant petition is hereby DISMISSED and the assailed resolutions AFFIRMED in toto . No costs. SO ORDERED.