Request for Guidance on the Demand of Maryland Distributors, Inc. for Withdrawal/Revocation of CMC No. 35-2011

August 5, 2011 DOF MEMORANDUM FOR : Commissioner Angelito A. Alvarez Bureau of Customs This is in connection with your 2nd Indorsement dated 19 July 2011, requesting for guidance on the demand of counsel of Maryland Distributors, Inc., for the withdrawal/revocation of Customs Memorandum Circular (CMC) No. 35-2011 on the ground that the Bureau of Customs (BOC) is not a party to the case involving "Energy Food and Drinks, Inc. vs. T.C. Pharmaceutical Industries Co., Ltd." docketed as Civil Case No. Q-08-63624, pending before the Regional Trial Court (RTC) of Quezon City, Branch 217. Records show that a Writ of Preliminary Prohibitory Injunction dated February 22, 2011 was issued by the RTC of Quezon City in the above-captioned case enjoining and restraining the defendant T.C. Pharmaceutical Industries Co., Ltd. from certain acts involved in the said civil case. Thereafter, upon the request of the counsel of Energy Food and Drinks, Inc., the Commissioner of Customs issued the assailed CMC for the dissemination of the aforesaid court order. Consequently, the opposing counsel in the said civil case now questions the issuance of the CMC as "strange and anomalous" considering that the BOC "is not even a party to the case and has not been made a party to the said case." After a close examination of the records, this Department agrees with the recommendation of the Legal Service, BOC, in its Memorandum dated July 5, 2011, which was concurred by the Deputy Commissioner for Revenue Collection and Monitoring Group (RCMG), for the withdrawal/revocation of CMC No. 35-2011 on the ground that the Writ of Preliminary Prohibitory Injunction issued to T.C. Pharmaceutical Industries Co., Ltd., does not in any manner concern or affect the Bureau. (SGD.) CARLO A. CARAG Undersecretary Revenue Operations and Legal Affairs Group