Gamma Gray Marketing v. Commissioner of Customs

SECOND DIVISION [C.T.A. CASE NO. 9855. April 10, 2019.] GAMMA GRAY MARKETING , petitioner , vs. COMMISSIONER OF CUSTOMS , respondent . 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. Juanito C. Castaeda, Jr. and Cielito N. Mindaro-Grulla, JJ. , concur.