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Gerry was being prosecuted by the BIR for failure to pay his income tax liability for Calendar Year 1999 despite several demands by the BIR in 2002. The Information was filed with the RTC only last June 2006. Gerry filed a motion to quash the Information on the ground of prescription, the Information having been filed beyond the 5-year reglementary period.

If you were the judge, will you dismiss the Information? Why? 5%

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