Alfredo Yabut, vs. Hilltop Water System Association, Inc., et al.

[SEC CASE NO. 1781. September 9, 1987.] ALFREDO YABUT , petitioner , vs . HILLTOP WATER SYSTEM ASSOCIATION, INC., ET AL. , respondents . O R D E R This is the resolution on petitioner's motion dated June 23, 1987, praying that the penalty of imprisonment be imposed upon the President of the respondent corporation for the latter's failure to comply with the writ of execution issued in this case. Notwithstanding the order dated May 21, 1987, finding the respondent guilty of indirect contempt of this Commission and the imposition of a fine of FIFTY PESOS (P50.00) a day upon the respondent corporation "until the water supply of petitioner is reconnected", said President of respondent corporation still continued to disregard the order of this Commission. The said order further ordained that "In the event the daily penalty reaches the amount of ONE THOUSAND (P1,000.00) PESOS and the water supply has not been re-connected, we shall be constrained to impose the additional penalty of imprisonment". The order dated May 21, 1987, was received by counsel for the respondent on June 2, 1987, as per certification of the Postmaster, Subic, Zambales. Since the receipt of said order up to the filing of the instant motion on June 25, 1987, counsel for the respondent never questioned the May 21, 1987 order. The act sought to be performed by respondent is so simple and within its capacity to perform which is the reconnection of petitioner's water supply. SHIETa It would seem that the respondent is taking this Commission for granted or too lightly. To assert its power and preserve its dignity, this Commission is constrained to impose strictly to the letter the provision of its rules relative to contempt. WHEREFORE, the petitioner's motion is hereby GRANTED. Accordingly, the penalty of imprisonment, aside from the One Thousand (P1,000.00) Pesos imposed in the order dated May 21, 1987, is hereby imposed upon the President of the respondent corporation for a period not to exceed one (1) month, unless the act sought to be performed is executed sooner, in which event, the President may be set free. Therefore, as prayed for and pursuant to Section 6(b) of Presidential Decree No. 902-A, as amended, which empowers the Commission to punish for contempt, both direct and indirect, in accordance with the pertinent provision of, and penalties prescribed by the Rules of Court, as well as Section 3 of said decree which empowers the Commission to enlist the aid and support of and to deputize any and all enforcement agencies of the government, civil or military, this Commission hereby direct the Station Commander, Olongapo City Police Station or his duly authorized representative to arrest the President of respondent Hilltop Water System Association, Inc. and imprison him until he complies with the Decision of this Commission dated February 20, 1986. Let copies of the petitioner's Motion dated June 23, 1987, the Writ of Execution dated May 29, 1986 and the Order dated May 21, 1987, both issued by this Commission, be furnished the Station Commander, Olongapo City Police Station, Olongapo City, for his ready reference. TASCDI SO ORDERED. (SGD.) ALBERTO P. ATAS Hearing Officer