Members of the Bangkal-Biñan Drivers' Association, Inc. vs. Hilario Castro, et al

[SEC CASE NO. 3192. September 3, 1987.] MEMBERS OF THE BANGKAL-BIAN DRIVERS' ASSOCIATION, INC. led by RODRIGO BERNABE AND LEONARDO ARCE , complainants , vs . HILARIO CASTRO, ET AL. , respondents . O R D E R When this case was called for the hearing on the injunction incident, respondents failed to appear despite due notice except respondent Hilarion de Castro whose given address per Articles of Incorporation of Bangkal-Bian Drivers' Association, Inc. could not be located by the process server. Thereupon, counsel for the complainant moved that he be allowed to present his evidence ex parte considering that majority of the respondents had been served with the summons and that the non-receipt of the summons on the part of respondent Hilarion de Castro is not attributable to them (complainant). To expedite the proceedings, the Commission granted the said oral motion subject to the right of the opposing party to cross-examine the witnesses of the complainant. Counsel for the complainants then proceeded to present complainants Rodrigo Bernabe and Leonardo Arce to the witness stand and after termination of their direct examination, their cross-examination was accordingly set on September 21, 1987 at 2:00 o'clock in the afternoon. ECaAHS SO ORDERED. (SGD.) NAPOLEON M. TUMAMAO Hearing Officer