JUNHEON KIM v. COMMISSIONER OF CUSTOMS

Republic of the Philippines Court of Tax Appeals Quezon City Second Division ************* JUNHEON KIM, CTA Case No.10096 Petitioner, -versus- COMMISSIONER OF CUSTOMS, Respondent. ){- - -- - - -- -- - - - - - - - -- - - -- - - ){ ORDER In today's proceedings, the following appeared: Associate Solicitor Victor Emmanuel L. Almazar, as lead counsel for the respondent, together with Associate Solicitor Aiza Katrina C. Valdez, and Atty. Virson Vispo from the Bureau of Customs; and Dr. Kyung Min Bae, the commissioned interpreter in this case. On the other hand, petitioner, Junheon Kim, the supposed witness for today, as well as petitioner's counsel failed to appear despite due notice. Atty. Jesus Inocando, the Division Clerk of Court, manifested that the secretary of petitioner's counsel, Atty. Erwin Jake Doctor, called the Office ofthe Clerk of Court to inform the Court that counsel was sent to the hospital this morning. Said manifestation is NOTED. However, Solicitor Almazar moved to dismiss the instant case for failure to prosecute considering that the previous resetting of this case was on the condition that it will be for the last time. It appearing that in the Order dated March I, 2023, the hearing on said date was reset with the condition that should the petitioner again fail to appear today, it shall be deemed a waiver of his right to testify in Court, the motion is GRANTED. Accordingly, this case is hereby DISMISSED for failure of petitioner and counsel to appear despite due notice.

ORDER CTA Case No. 10096 Page 2 of2 SO ORDERED. GIVEN IN OPEN COURT, this 12th day of April 2023, in Quezon City, Philippines. ERL~.UY Associate Justice LANt~A~u~/UhI:-tjh}/)f.AVID Associate Justice