The Manila Southwoods Golf and Country Club, Inc. v. Manila Southwoods Ladies Chapter, Inc.

October 21, 2010 SEC EN BANC CASE NO. 08-07-112 (SEC Case No. 09-06-147) THE MANILA SOUTHWOODS GOLF AND COUNTRY CLUB, INC. , petitioner-appellee , vs . MANILA SOUTHWOODS LADIES CHAPTER, INC. , respondent-appellant . ORDER For consideration by the Commission is the Motion to Set Case for Oral Argument filed by appellant Southwoods Ladies Chapter, Inc. (Appellant). On August 14, 2007, appellant filed the instant appeal assailing the Order of the Office of the General Counsel dated July 16, 2007, the dispositive portion of which reads: "WHEREFORE, premises considered, Respondent is hereby directed to change or modify its corporate name by deleting the words "Manila Southwoods" within thirty (30) days from date of receipt of this Order." On September 3, 2007, the Commission issued an Order directing appellee to submit its Reply Memorandum. On September 26, 2007, appellee filed its Reply Memorandum. Appellant premises its motion on Section 11-7 of the Commission's 2006 Rules of Procedure (hereinafter the Rules of Procedure), which provides that "[u]pon the filing of the reply memorandum with the Commission En Banc, or after the expiration of the period to file the same and no such memorandum has been filed, the appeal shall be deemed submitted for decision, unless the Commission En Banc motu proprio, or upon motion and for special reasons, sets the case for oral arguments." Appellant also cites its pending case with the Regional Trial Court of Makati City, Branch 149, entitled "Manila Southwoods Ladies Chapter, Inc. vs. Claire Ong, et al." docketed as Civil Case No. 06-771, which, by virtue of an Order dated June 26, 2007, was held in abeyance pending the outcome of the instant case with the Commission, considering that any decision made here may well affect the outcome of the case before the trial court. Appellant contends there is a need to "fully and extensively" explain the factual and legal arguments of both parties considering that the case involves "novel issues" the resolution of which "will establish Philippine jurisprudence." It submits, finally, that a presentation of the facts and circumstance surrounding the appeal will aid the Commission in resolving the case. HCDaAS Having read the parties' memoranda, pleadings, their supporting documents, and even certain records available to the Commission, we have come to conclude that the "special reasons" referred to in Section 11-7 of the Rules of Procedure which would warrant setting the case for oral arguments are not present. The case can be decided on the basis of the available submissions and documents without any need for further argumentation. To allow oral arguments at this stage would unnecessarily prolong the proceedings. After all, it is stated in Section 1-4 of the Rules of Procedure that the proceedings before the Commission are summary in nature, subject only to due process. Considering that the parties have submitted their respective memoranda in this instance, the due process requirement has been adequately met. Section 11-7 only provides the Commission with the option to set the case for oral arguments in case there is a particularly compelling need for them such as the existence of complicated legal or even factual issues. Although this should be clear enough from the wording of the Section, it should be emphasized that motions to set the case for oral arguments are not granted as a matter of course, particularly when, as in the instant case, there is already ample basis for deciding the case to be found in the parties' memoranda, pleadings and other submissions. WHEREFORE, premises considered, the Motion to Set Case for Oral Argument is hereby DENIED. The instant case is now SUBMITTED FOR RESOLUTION. SO ORDERED. Mandaluyong City, Philippines, October 21, 2010. on official travel FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner Officer-in-Charge (SGD.) RAUL J. PALABRICA Commissioner (SGD.) MANUEL HUBERTO B. GAITE Commissioner (SGD.) ELADIO M. JALA Commissioner