Uy v. Flores

July 22, 2010 SEC CASE NO. AC 520 (SEC Case No. 3328) JOHNNY K.H. UY AND UBS MARKETING CORPORATION , petitioners-appellees , vs . BAN HUA U. FLORES, BAN HA U. CHUA AND ROLAND M. KING, DOING BUSINESS UNDER THE FIRM NAME OF KING'S BOOKKEEPING AND ACCOUNTING AGENCY AND SOON KEE COMMERCIAL, INC. , respondents-appellants . ORDER This refers to Respondents-Appellants' Motion to Suspend Compliance with Sheriff's Notice filed on 09 July 2010. We note that Respondents-Appellants' Motion contains allegations that are not supported by any evidence. The Motion does not even contain a copy of the purported Sheriff's Notice. Further, the Motion does not contain a notice of hearing thereby depriving any other interested party from commenting on it. The Commission cannot act on just bare unverified allegations, and without affording due process to everyone. In any case, the Commission En Banc , in its 25 March 2010 Order, has already ruled with finality regarding the issues involved in the execution of the final judgment in this case as pronounced by the Supreme Court in G.R. No. 169747. Thus, if Respondents-Appellants still question the Commission's Order, they should do so before the courts. Unless the proper court nullifies the Commission's Order, or issues an injunction against the execution of the same, the Order remains valid and should be executed accordingly. WHEREFORE, premises considered, respondents-appellants' "Motion to Suspend Compliance with the Sheriff's Notice" is hereby DENIED for lack of merit. TAHcCI SO ORDERED. Mandaluyong City, Philippines, July 22, 2010. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) MANUEL HUBERTO B. GAITE Commissioner (SGD.) ELADIO M. JALA Commissioner