Wrong court: CA junks Pasig City appeal on candy company’s P44M tax case
The Court of Appeals (CA) has thrown out the petition of the Pasig City government concerning a P43.88-million tax case against candy company Perfetti Van Melle Philippines, Inc., due to lack of jurisdiction.
In a recent 6-page resolution, the CA 5th Division pointed out that the correct venue, as the name implied, would be the Court of Tax Appeals (CTA).
Thus, it refused to entertain the city’s appeal on the February 13, 2018 order of Regional Trial Court (RTC) Branch 71 Judge Elisa Sarmiento-Flores allowing Perfetti Van Melle to present its evidence ex parte.
“Since appellate jurisdiction over private respondents’
complaint for tax protest is vested in the CTA, it follows that a petition for certiorari seeking nullification of an interlocutory order issued in the said case should, likewise, be filed with the same court,” read the resolution penned by Associate Justice Celia Librea-Leagogo.
The city government lost its chance to present its evidence before the RTC because it failed to submit its pre-trial brief as of the February 13, 2018 pre-trial hearing.