COMMISSIONER OF CUSTOMS, petitioner, vs. COURT OF TAX APPEALS and PILIPINAS SHELL PETROLEUM CORPORATION, respondents.

FIRST DIVISION[CA-G.R. SP No. 78563. February 15, 2007.]COMMISSIONER OF CUSTOMS, petitioner, vs. COURT OF TAX APPEALS and PILIPINAS SHELL PETROLEUM CORPORATION, respondents.D E C I S I O NROMILLA-LONTOK, J p:Before this Court is a petition for certiorari and prohibition with Prayer for the Issuance of a Temporary Restraining Order and Writ of Preliminary Injunction filed by the Commissioner of Customs to reverse and set aside the resolution of the Court of Tax Appeals dated January 17, 2003 denying his Motion to Dismiss and the resolution dated June 16, 2003 which denied his Motion for Reconsideration. The facts:On April 16, 1996, Republic Act No. 8180, known as the "Downstream Oil Industry Deregulation Act of 1996" took effect. It provides for the reduction of the tariff duty on imported crude oil from 10% to 3%.Before the effectivity of RA 8180 Pilipinas Shell Petroleum Corporation made importation of 1,979,674.85 US barrels Arab light crude oil. The shipment arrived on April 7, 1996 aboard the vessel EX MT Lanistels. Import Entry No. 683-96 for subject shipment was filed...