GAMMA GRAY MARKETING v. BUREAU OF CUSTOMS, REPRESENTED BY ITS COMMISSIONER, ISIDRO S. LAPE?A (Formerly UDK-SP 023)

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS QUEZON CITY SECOND DIVISION GAMMA GRAY MARKETING, CTA CASE NO . 9855 Petitioner, -versus- COMMISSIONER OF CUSTOMS, Respondent. X- - - - - - - - - - - - - - - - - - - - - - X ORDER When this case was called for the presentation of the lone witness for the petitioner, only counsel for respondent, Solicitor Kristan Carlos M. Cristobal, appeared. Counsels for petitioner failed to appear despite due notice. Records show that petitioner's counsels were duly notified of today's hearing . Despite due notice, petitioner's counsels failed to appear. Upon this ground, counsel for respondent moved that the judicial affidavit of the lone witness for the petitioner, Mr. Arthur A. Villalba , be stricken out of the records of this case and that the case be dismissed for failure to prosecute. Finding merit in the motion , the same is hereby GRANTED. WHEREFORE , the judicial affidavit of Mr. Arthur A. Villalba is stricken out of the records of this case and the case in caption is hereby DISMISSED for failure to prosecute (Section 3, Rule 17 of the 1997 Rules of Civil Procedure, as amended ). SO ORDERED. Quezon City, Philippines, April 10, 2019. 9.. c. -~-J. .Cl . ~~:~~~G~~ Associate Justice JUANfTO c. CASTANEDA, JR. Associate Justice