CHERIE MARIE T. CHAN v. COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES COURT OF TAX APPEALS Quezon City FIRST DIVISION CHERIE MARIE T. CHAN , Petitioner, -versus- CTA CASE NO. 10240 COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE , Respondent. X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X ORDER In today's setting , supposedly for the presentation of the petitioner herself, Ms. Cherie Marie T. Chan, the said witness along with her lawyer, Atty . Simon Peter S. Jalad, failed to appear despite notice. Atty. Michael Kevin P. Bayona appeared for the respondent. Considering the unwarranted absence of petitioner, who is the intended witness today, and Atty. Jalad, Atty. Bayona moved for the dismissal of the case for failure to prosecute, pursuant to Rule 17, Section 3 of the Rules of Court, as amended. The records show that the instant case has previously been dismissed twice for failure of petitioner to appear, (but upon reconsideration was reinstated). In view of the repeated failure of petitioner and Atty. Jalad to appear without justifiable cause, the Court is constrained to GRANT the motion of Atty. Bayona. Accordingly, this case is DISMISSED. SO ORDERED. GIVEN IN OPEN COURT, this 24th day of January 2024, m Quezon City, Philippines. Presiding Justice

CTA Case No. 10240 Cherie Marie T. Chan v. Comm issioner of the Bureau of Inte rna l Reve nue ORDER Page 2 of2 x------- ---- -- ----------------------- --------- -----------x ... LAN~VID Associate Justice