Awass, Inc. vs. Joselito Santos, et al.

[SEC CASE NO. 2612. July 10, 1987.] AWASS, INC. , complainant , vs . JOSELITO SANTOS, ET AL. , respondents . O R D E R In the scheduled hearing of this case on July 7, 1987 at 10:00 o'clock in the morning, only counsel for respondents Nadal and Padua appeared. Counsel for respondent Joselito L. Santos, however, filed a motion to reset while the other contending counsels did not appear despite due notice. During the said hearing, counsel for respondents Nadal and Padua manifested and moved that the aforesaid motion to reset be denied and that the failure of complainant's counsel be deemed a waiver on his part to present any evidence on the respondents' counterclaims. He called the attention of the Commission to the fact that in any of the scheduled hearings on respondents' presentation of their evidences with respect to their counterclaims, the complainant's counsel never bothered to appear. Upon consideration of the aforesaid verbal manifestation and motion coupled with the fact that the complainant, through counsel, as per proof of service of the SICD process server, was duly notified of the hearing on July 7, 1987, the non-appearance of complainant's counsel in the aforesaid scheduled hearing should be, as it is hereby considered a waiver on his part to present evidence on respondents' counterclaims. Hence, the counterclaims of respondents in this case is hereby deemed submitted for decision. Accordingly, the aforesaid motion to reset filed by counsel for respondent Santos in this case having become moot, the same is hereby DENIED. SO ORDERED. (SGD.) ERNESTO T. MENDIOLA Hearing Officer