Jovencio Y. Karaan, et al. vs. Cesar C. Rosales, et al.

[SEC CASE NO. 3190. July 7, 1987.] JOVENCIO Y. KARAAN, ET AL. , petitioners , vs . CESAR C. ROSALES, ET AL. , respondents . O R D E R Submitted for resolution is the respondents' urgent motion to lift restraining order as well as the opposition thereto by the petitioners. After a careful consideration of all the arguments adduced by the parties, we find no compelling reason, in the meantime that the incident on the injunctive relief is being heard, and pending its resolution, to lift the Temporary Restraining Order. We fully subscribed to petitioners' contention that before the restraining order could be lifted, factual and legal issues raised therein should first be resolved. And to do this, a full blown hearing on the matter is needed. As aptly stated by the petitioners-oppositors, the allegations that petitioners have abused the implementation of the restraining order and the said restraining order has disrupted the smooth operation of the Corporation are mere bare allegations or questions of fact which necessitates the presentation of evidence. SAcaDE For all the foregoing, we find no sufficient justification to warrant the lifting of the temporary restraining order previously issued. WHEREFORE, respondents' urgent motion to lift restraining order should be, as it is hereby DENIED for lack of merit. SO ORDERED. (SGD.) ALBERTO P. ATAS Hearing Officer