SEC Adm. Case No. AC 520 Johnny K.H. Uy and UBS Marketing Corporation vs. Ban Hua U. Flores et. al.

Republic of the Philippines SECURITIES AND EXCHANGE COMMISSION

SEC Bidg. EDSA, Greenhills, Mandaluyong City

JOHNNY K.H.UY and UBS MARKETING CORPORATION

Petitioners-Appellees

SEC Case No. AC 520 versus- (SEC Case No. 3328)

Bookkeeping and Accourting Agency CHUA and ROLAND M. KING, doing and SOOn KEE COMMERCIAL, INC. Ban hua u. Flores, Ban Ha u. business under the firm name of King's

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 shouid do so before the courts. Unless the proper court nullifies the Commission's Order, or issues an injunction against tne executior of the same, the Order remains valid and shouid be executed accordingly.

Uy, et al. vs. Flores, et al. SEC Case No. AC 520 (SEC Case-No. 3328) Order re: 08 July 2010 Motion to Suspend Compliance with Sheriff's Notice. Page 2 of z

Suspend Compliance with the Sheriff's Notice' is hereby DENIED for lack of merit. WHEREFORE, premises considered, respondents-appellants'"Motion to

SO ORDERED

Mandaluyong City, Philippines, 22 July 2010.

$ 1 Chairperson FE B. BARIN

MA. JUANItAE. Commissioner cuatO RAUL J. PALABRICA Commissioner

Manuel BErtO B. GAItE ElADIo M.JALA

Commissioner Commissioner