Victor J. Luciano vs. Harry Ang Ping, et al.

[SEC-SICD * CASE NO. 1829. May 27, 1980.] VICTOR J. LUCIANO , petitioner , vs . HARRY ANG PING, ET AL. , respondents . O R D E R This is an appeal from the Order of Hearing Officer Antonio Manabat dated April 18, 1980 granting petitioner-appellee's application for the issuance of the writ of preliminary injunction against respondent-appellant Harry Ang Ping. On the basis of the pleading in support of the appealed Order and considering that the election of the respondent-appellant Harry Ang Ping was alleged to be tainted with some anomalies and irregularities, the merits of which are now being heard in the principal case, it is the considered opinion of the Commission that the Order issued by the Hearing Officer lifting the Restraining Order insofar as the three (3) respondent executive vice-presidents are concerned but not with respect to the respondent-appellant, should not be disturbed at this stage. Precisely his qualification is the question to be determined in the hearing of the principal case. To lift the Restraining Order in favor of respondent Harry Ang Ping would in effect invariably decide the case in his favor even before the hearing of the principal case is terminated. And as far as the appointment of the three (3) respondent executive vice-presidents is concerned, considering that there is a need for a management group to handle the day to day affairs of the Association and in the light of the fact that their election was not alleged to be tainted with some irregularity, we consider the act of the Hearing Officer meritorious and must be sustained. Regarding the motion to disqualify Hearing Officer Manabat from hearing the merits of the case, we find no cogent reason to sustain the motion and therefore should be denied. And with respect to the designation of Respondent-Appellant Harry Ang Ping as head of the Philippine Jaycees, Inc. to the forthcoming Singapore Conference, we feel that this should not be done as he cannot, in the meantime, be considered head of the organization as his qualification is precisely the issue to be determined in the principal case. Hence, any action of the Board to clothe him with authority as head of the delegation might constitute a violation of the Order of this Commission. In order to settle once and for all the question of the qualification of the respondent-appellant Harry Ang Ping as President and his right to perform the functions of the said Office, the Hearing Officer is hereby directed to schedule series of hearings until the case is terminated the soonest possible time. llcd WHEREFORE, Respondent-Appellant's appeal is hereby DISMISSED for lack of merit. SO ORDERED. (SGD.) ANGEL L. LIMJOCO, JR. Chairman (SGD.) JULIO A. SULIT, JR. (SGD.) SIXTO T. J. DE GUZMAN, JR. Associate Commissioner Associate Commissioner