Teresita Y. Austria vs. Djuvel Management & Construction Services, Inc.

[SEC CASE NO. 3217. October 7, 1987.] TERESITA Y. AUSTRIA, doing business under the name and style of Djuvel Management & Construction Services , petitioner , vs . DJUVEL MANAGEMENT & CONSTRUCTION SERVICES, INC. , respondent . O R D E R When this case was called for hearing, only counsel for the petitioner appeared, the record, however, is not clear as to whether respondents have been properly served with the Order dated September 16, 1987. Thereupon, said counsel moved that respondents be declared in default for failure to file their answer within the reglementary period and that he (petitioner's counsel) be allowed to present evidence ex-parte not only on the incident of injunction but on the main case as well. The Commission, upon consideration of the uncertainty of the service of the September 16, 1987 Order on the respondents, directed said counsel to file a written motion to have the respondents declared in default and thereafter allowed him to present his evidence ex-parte subject to the right of the adverse party to cross-examine his witness. aSEHDA Petitioner's counsel then proceeded to present his lone witness, Mrs. Teresita Austria, the petitioner herein, in support of their prayer for the issuance of writ of preliminary injunction. Upon termination of the direct testimony of said witness, petitioner's counsel was given up to October 14, 1987 within which to file his formal offer of evidence. cDAEIH In the meanwhile, the cross-examination of Mrs. Teresita Austria by respondents is hereby set on October 27, 1987 at 9:00 o'clock in the morning. SO ORDERED. (SGD.) NAPOLEON M. TUMAMAO Hearing Officer