Pacifico R. Torrefiel vs. PMI Colleges, et al.

[SEC CASE NO. 2441. August 13, 1987.] PACIFICO R. TORREFIEL , petitioner , vs . PMI COLLEGES & TOMAS CLOMA , respondents . O R D E R For consideration is the "Motion to Lift or Vacate Order dated July 30, 1987" filed by the respondents. As an antecedent, on July 30, 1987, the Commission issued an Order, the dispositive portion of which reads: "Accordingly, aside from an accumulated fine of P1,000.00, a graver and heavier penalty of imprisonment, not exceeding one month, is hereby imposed upon respondent Tomas Cloma. Therefore, as prayed for and pursuant to Section 6 (b) of Presidential Decree 902-A, as amended, which empowers the Commission to punish for contempt, both direct and indirect, in accordance with the pertinent provisions 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 orders the Superintendent of Western Police District, Manila, or his duly authorized representative to arrest respondent Tomas Cloma and imprison him until he complies with the Decision of this Commission, dated January 23, 1985, but not exceeding one month." On the following day, counsel for the respondents appeared before this Commission and filed a "sworn letter manifestation-motion" praying, among others, that an order for the arrest of respondent Tomas Cloma be quashed or set aside immediately and that the latter be given a chance to fully explain and vindicate himself, and to settle the matters amicably. On August 4, 1987, the respondents filed the instant motion alleging, among others, that they had paid this Commission the sum of P1,000.00, by way of penalties, pursuant to the Orders dated March 10, 1987 and July 30, 1987, as evidenced by O.R. No. 4838083, dated August 4, 1987; that per respondents' negotiations and conversations with the complainant and his counsel, in the presence of the undersigned, the complainant and his counsel expressed their conformity to the lifting or suspension of the Order dated July 30, 1987 pending compliance by the respondents with the judgment in the above-entitled case. In view of all the foregoing and considering the manifestation of the respondents to comply with the Order dated July 30, 1987, the instant motion should be, as it is hereby, GRANTED. WHEREFORE, the Order of this Commission dated July 30, 1987 is hereby LIFTED. SO ORDERED. (SGD.) ROLANDO C. MALABONGA Hearing Officer