Celedonio M. Javier vs. Silahis International Hotel

[SEC-AC NO. 334. February 6, 1992.] CELEDONIO M. JAVIER , petitioner , vs . SILAHIS INTERNATIONAL HOTEL, INC., (formerly International Hotel Corporation) , respondent . O R D E R Before this Commission en banc is petitioner's Motion For Issuance of Writ of Execution dated 15 January 1992. On 17 January 1992, this Commission en banc directed respondent to file its comment/opposition to the said motion, which comment was received by this Commission en banc on 24 January 1992. The decision of this Commission en banc dated 21 October 1991 was raised to the Honorable Supreme Court by way of a petition for certiorari and prohibition docketed as C.A. G.R. No. SP No. 26516. The Honorable Court of Appeals is denied the application for a temporary restraining order. Further, Paragraph 12 of Supreme Court Circular No. 1-91 dated 26 February 1991 * provides: 12. EFFECT OF APPEAL. The appeal shall not stay the order, ruling or decision sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. WHEREFORE, premises considered, the instant motion for execution is hereby GRANTED. SO ORDERED. For the Commission en banc : (SGD.) FE ELOISA C. GLORIA Associate Commissioner [SEC-AC NO. 334. No date supplied.] Re: Writ of Execution (SEC Case No. 1949) CELEDONIO M. JAVIER, petitioner , vs . SILAHIS INTERNATIONAL HOTEL INC., (formerly International Hotel Corporation), respondent . TO THE SHERIFF Pasig, Metro Manila Greetings: On May 4, 1987, the hearing officer in SEC Case No. 1949 rendered a decision, the dispositive portion of which states as follows: LexLib WHEREFORE, the respondent in the instant case is hereby ordered: 1. To recognize petitioner's ownership of the 20,000 preferred shares of its capital stock covered by Stock Certificate No. 006; 2. To pay the petitioner the guaranteed dividends that had since accrued to said shares, if such dividends had been declared by the Board of Directors; and 3. To give due course to the assignment made by the petitioner of part of his shares. The foregoing decision was affirmed on appeal by this Commission en banc in a decision rendered in SEC-AC No. 200 and dated July 13, 1988 . The respondent corporation went up to the Supreme Court on a petition for certiorari but the same was denied with finality by the High Tribunal in a resolution dated June 5, 1989. The 4 May 1987 decision has long become final. NOW THEREFORE, you are hereby commanded to execute and enforce the aforesaid resolution against respondent SILAHIS INTERNATIONAL HOTEL., INC., (formerly International Hotel Corporation) as expressly mandated in the 4 May 1987 decision in SEC Case No. 1949 as affirmed in this Commission en banc's decision in SEC AC No. 200 dated 13 July 1988 , and upon failure of the said respondent to pay the same, that you seize the goods, except such are by last exempt chattels of the respondent and made sale thereof pursuant to law to the amounts of said judgment, together with your fees upon this execution and pay the amount so collected by you thereof to the petitioner except the amount of your fees hereon. In case sufficient personal property of the said respondent cannot be found to satisfy the amount of said judgment, costs, interest and your fees thereon; you are directed to levy upon any real estate of the respondent and sell the same in the manner provided by law for the satisfaction of the balance of such judgment, costs, interest and your fee hereon; and that you make return of the proceedings of this writ within sixty (60) days from receipt hereof. Witness the Honorable Chairman, Securities and Exchange Commission this 6th day of February, 1992 at Mandaluyong, Metro Manila, Philippines. For the Commission en banc: (SGD.) FE ELOISA C. GLORIA Associate Commissioner