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Phillips Seafood (Philippines) Corp. v. The Board of Investment, G.R. No. 175787, 04 February 2009

05 Mar

[TINGA, J.]

 

FACTS

Phillips Seafood is a domestic corporation engaged in the export of processed crabmeat and seafood products. Respondent BOI informed petitioner that the ITH previously granted would be applicable only to the period from 13 August 1999 to 21 October 1999 or before petitioner’s transfer to a “not less-developed area.” Petitioner wrote respondent BOI requesting for a reconsideration of its decision but was denied.petitioner filed a petition for review before the Court of Appeals, questioning the dismissal of its appeal before the Office of the President. The appellate court dismissed the petition for review for having been filed out of time as petitioner opted to appeal to the Office of the President instead of filing a Rule 43 petition to the Court of Appeals within the reglementary period.

 

ISSUE

Is the decision of the BOI denying the ITH appealable to the Office of the President or to the Court of Appeals?

 

HELD

It is to the latter.

[P]etitioner should have immediately elevated to the Court of Appeals the denial by respondent BOI of its application for an ITH. From the letter dated 09 October 2003 of respondent BOI, which informed petitioner that its ITH would be extended only from 13 August 1999 to 21 October 1999, petitioner appealed to the Office of the President, a recourse that is not sanctioned by either the Rules of Civil Procedure or by the Omnibus Investments Code of 1987.

 
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Posted by on March 5, 2016 in Case Digests, Investment Law

 

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