United Stevedoring Corporation (USC), et al. vs. Filipinas Port Services, Inc., et al.

[SEC CASE NO. 3133. July 15, 1987.] UNITED STEVEDORING CORPORATION (USC), ET AL. , petitioners , vs . FILIPINAS PORT SERVICES, INC. (FILPORT), ET AL. , respondents . O R D E R This "Motion to Dismiss" is deemed to have been submitted for resolution after the respondents failed to appear during the initial hearing on said motion. Neither have they (respondents) asked for a resetting, written or otherwise and considering further that petitioners appeared for the hearing as in fact filed their opposition to the motion to dismiss the Commission had to based its resolution solely on the pleadings that have so far been submitted by the contending parties. In their motion to dismiss the respondents relied on five grounds, all of which if substantiated are undeniably legal grounds for the dismissal of the instant petition or any petition for that matter. On the other hand, petitioners in their written opposition made counter arguments in what is believed effective enough to cast doubts on the unsubstantiated allegations and/or conclusions made by respondents in their motion to dismiss. Thus, we cannot possibly give due course to said motion without losing the opportunity of eliciting what the genuine truth is. Viewed in this light, the "Motion To Dismiss" should be, as it is hereby denied for lack of merit. SO ORDERED. (SGD.) BERNARDO T. ESPEJO Hearing Officer