Ardea R. Tagarda, et al. vs. Augusto M. Barcelon, et al.

[SEC-SICD * CASE NO. 04-97-5619. July 15, 1997.] ARDEA R. TAGARDA, et al. , petitioners , vs . AUGUSTO M. BARCELON, et al. , respondents . O R D E R In the preliminary conference scheduled at 10:00 A.M. today, only the lawyers from the law firms of BENGZON NARCISO CUDALA PECSON BENGSON & JIMENEZ and MANALO PUNO JOCSON & PLACIDO LAW OFFICES representing all but two of the respondents were present. cdlex Counsel for the petitioners, upon their receipt of the Order dated June 30, 1997 resetting the preliminary conference to July 15, 1997 and directing them to submit their preliminary conference brief not later than July 10, 1997, filed their second ex-parte motion to defer the submission of the brief and the preliminary conference. On this basis, and anticipating that their motion will be granted, petitioners and/or their counsel did not anymore bother to show up. Under the circumstances and upon the vigorous objection of respondents' counsel to the deferment as prayed for by petitioners, the undersigned Hearing Officer is left with no choice but to consider the petitioners non-suited in accordance with Section 4, Rule VIII of the SICD Rules . While indeed a motion is pending praying for the deferment of the preliminary conference and the submission of the preliminary conference brief, such motion is not worth anything, being basically infirm in that (a) it does not contain a notice of hearing ( Section 3, Rule X, SICD Rules ); and (b) it does not contain proof of service to the adverse party ( Section 5, Rule X, SICD Rules ). Besides, movants should not anticipate or presume that the motion they filed will be favorably acted upon. WHEREFORE, for their failure to file their preliminary conference brief as directed, and to appear at the preliminary conference scheduled today despite their receipt of notice thereof, petitioners are hereby declared non-suited. Consequently, this case should be, as it is hereby dismissed, without prejudice. cdlex SO ORDERED. (SGD.) MALTHIE G. MILITAR Hearing Officer