HANA CONSTRUCTION & DEVELOPMENT CORPORATION v. BIR - REVENUE REGION 7,Assessment Division, Quezon City

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY FIRST DIVISION HANA CONSTRUCTION & C.T.A. CASE NO. 8627 DEVELOPMENT CORPORATION Unit 1002-A, Landmark II, Valle Members: Verde II, Ugong, Pasig City, Metro Del Rosario, Chairperson, Manila, represented by its Corporate Uy, and Secretary, Ms. Mary Jane A. Mindaro-Grulla, JJ. Taguitang, Promulgated: Petitioner, versus - BIR - REVENUE REGION 7 - Assessment Division, Quezon City, Respondent. RESOLUTION In today's scheduled hearing for the continuation of the presentation of petitioner's evidence, only Mr. Victor Calalung appeared without the appearance of counsel. The respondent is duly represented by Atty. Lorna San Buenaventura Cruz. The Court notes that at the scheduled hearing on September 26, 2013, the petitioner already manifested that there was an ongoing proposal for the settlement of the case. In view of that manifestation, the parties particularly the petitioner was directed to submit a status of the proposed settlement within ten ( 10) days from that date or until October 6, 2013. No compliance with the directive was made by the petitioner. Likewise, at the last scheduled hearing on September 26, 2013, the Court noted that the Judicial Affidavit of Mr. Calalung failed to comply with the Judicial Affidavit Rule. For which reason, the presentation of Mr. Calalung as a witness was deferred with a directive that an Amended Judicial Affidavit be filed with the Court five (5) days before November 5, 2013. Again, no compliance was made.

RESOLUTION- C.T.A. CASE NO. 8627 -2- Petitioner's counsel has been duly notified of today's hearing. Nonetheless, petitioner's counsel did not appear. For failure to comply with the lawful orders of this Court and for failure to prosecute, upon motion of the respondent, the case is hereby DISMISSED. SO ORDERED. EAsRsL~~~s.t�iUcYe ~ NN: l-iw:~- 6'.-t' ~ CIELITO MINDARO-GRULLA Associate Justice