Commissioner of Internal Revenue v. Philippine Geothermal, Inc.

SPECIAL TENTH DIVISION [CA-G.R. SP No. 48571. October 9, 1998.] COMMISSIONER OF INTERNAL REVENUE , petitioner , vs . PHILIPPINE GEOTHERMAL, INC. , respondents . R E S O L U T I O N ABAD SANTOS , JR. , J p : For consideration by this Court is the Motion to Withdraw Appeal filed by the petitioner, through the Revenue Attorneys of the Bureau of Internal Revenue. The Rollo of this case shows that on August 7, 1998, petitioner filed a Motion for Extension of Time to File Petition for Review, praying for an extension of fifteen (15) days from August 7, 1998 within which to file petition for review. Conditioned upon the timeliness of the filing of the said motion, petitioner was granted a non-extendible period of FIFTEEN (15) DAYS, as prayed for, from the lapse of the original reglementary period within which to file petition for review. On August 21, 1998, petitioner filed a Second Motion for extension of time, praying for an additional period of thirty (30) days from August 22, 1998 or until September 21, 1998, within which to file petition for review. In the interest of substantial justice, the Second Motion for extension was granted, giving petitioner until September 21, 1998 within which to file petition for review. Despite the extensions granted by this Court, petitioner failed to file its petition. Instead, on September 25, 1998, petitioner filed the instant Motion to Withdraw Appeal. ACCORDINGLY, for failure of the petitioner to file petition for review, the above-entitled case is ordered DISMISSED. The Motion to Withdraw Appeal is merely NOTED. cdll SO ORDERED. Amin 1 and Rivera, JJ . , concur. Footnotes 1. Vice J. Bernardo LJ. Salas, on leave.