PEOPLE OF THE PHILIPPINES v. LIBERTY S. GAGUI (No. 107 Klawit St., Bo. San Jose Brgy. 127, Caloocan City) - At-Large -

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION PEOPLE OF THE PHILIPPINES, CTA Crim. Case No. 0-842 Plaintiff, For: Violation of Section 255 of the NIRC of 1997, as amended -versus - Present: CASTANEDA, JR., Chairperson, and BACORRO-VILLENA, JJ. LIBERTY S. GAGUI, Promulgated : Accused. FEB 19 // X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X RESOLUTION )- J:"' ,. On 23 November 2020, the Court ordered plaintiff to submit the original or certified true copy of the following documents: (1) Investigation Data Form ; and, (2) Subpoena sent to the accused. On 14 December 2020, plaintiff filed via registered mail its "Compliance {To Resolution dated 23 November 2020)"1 with the original Investigation Data Form attached thereto. However, plaintiff manifests that it is unable to locate a copy of the subpoena it sent to the accused. The compliance is duly NOTED. Although a subpoena is not the only means by which this Court could ascertain that accused was sufficiently notified of the complaint filed against him or her, the records show that none of plaintiff's submitted documents evince this fact. The Resolution of the assigned prosecutor does not even allege that accused attended the preliminary investigation or that accused failed to appear despite due notice. There being no competent proof to show whether accused was afforded due process via the preliminary investigation , the Court is constrained to dismiss the information . Received by the Court on 04 January 202 1.

RESOLUTION CTA Crim. Case No. 0 -842 People v. Liberty S. Gagui Page 2 of2 x----------------------------------------x Lastly, under Rule 112, Section 7 of the Rules of Court, which suppletorily applies herein, the information filed in court shall be supported by the affidavits and counter affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case. WHEREFORE, the foregoing considered, the above-captioned criminal complaint entitled People of the Philippines v. Liberty S. Gagui docketed as CTA Crim. Case No. 0-842 is hereby DISMISSED, without prejudice to its subsequent re-filing . SO ORDERED. c � Q � (],.JI-o.-.tToJ. I Q . JUANfrO C. CASTANEf>A, JR. Associate Justice