Pablo L. Narciso vs. Producers Bank of the Philippines

[SEC CASE NO. 3163. September 2, 1987.] PABLO L. NARCISO , petitioner , vs . PRODUCERS BANK OF THE PHILIPPINES , respondent . O R D E R Petitioner's failure to appear for the hearing on the injunction incident set on August 24, 1987, prompted respondent to move in open hearing for the dismissal of the case on the ground of "failure to prosecute" in addition to the grounds stated in its answer which likewise, prayed for the outright dismissal of the petition. CSDcTA It cannot be denied that indeed petitioner failed to appear during the last scheduled hearing. However, court practice normally does not resort to outright dismissal of a case if and when a party litigant fails to attend one hearing like what happened in this case. Thus, giving due course to respondent's motion to dismiss would certainly draw criticism for being drastic and unreasonable. In view thereof, respondent's motion for the dismissal of the petition is hereby denied for lack of merit. Meanwhile, the next hearing on the application for the issuance of a writ of injunction is set on September 21, 1987 at 2:00 o'clock in the afternoon. SO ORDERED. (SGD.) BERNARDO T. ESPEJO Hearing Officer