Order Text
IN RE: FYNAMICS LENDING INC. OPERATING PONDOPESO ONLINE LENDING APPLICATION NPC 19-910
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ORDER
The Commission notes the Notice of Withdrawal filed by the law firm of Romulo Mabanta Buenaventura Sayoc & de los Angeles dated 21 September 2020, which states:
The law firm of ROMULO MABANTA BUENAVENTURA SAYOC & DE LOS ANGELES respectfully manifests it is withdrawing as counsel for FYNAMICS LENDING INC., ML, CW, AND BBS (collectively, the “Respondents”) in the above-captioned case, pursuant to the instructions that it received from the RESPONDENTS.
Undersigned counsel has been informed by the RESPONDENTS that the RESPONDENTS will be henceforth represented by the Gonzales & Quismorio Law Offices at the [x x x] Third Floor, Reylilia Building, Commonwealth Avenue corner Mercury Street, Fairview, Quezon City, Metro Manila and Atty. LAQ at [ ].
The Commission likewise notes the Entry of Appearance with Urgent Motion to Reset Clarificatory Hearing filed by the Gonzales and Quismorio Law Offices dated 22 September 2020, which states:
- The undersigned Law Firm respectfully enters its appearance as counsel for FYNAMICS LENDING, INC. (Pondo Peso). Henceforth, it is requested that all orders and such other legal processes of the Honorable Office be sent to its address indicated below.
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- Considering that the undersigned have just been engaged and is in the process of securing case documents from the Respondent and the previous counsel, the undersigned will need more time to finish securing the aforementioned documents and to study the same. Thus, the undersigned is constrained to move for the resetting of the clarificatory hearing scheduled on 24 September 2020 at 2:00 PM to a later date.
Following such submissions, the clarificatory hearing scheduled on 24 SEPTEMBER 2020 at 2:00 PM is hereby reset to 1 OCTOBER 2020 at 9:30 AM.
Respondents are directed to APPEAR and address inquiries relating to the previous submissions made for this case. To enable the Commission to take the necessary measures for the security of the hearing, Respondents shall SUBMIT to the Commission, before the date of the hearing, the names and designations of their representatives or counsel, if any. Such representatives or counsel should be competent to address the inquiries relating to the previous submissions made for this case.
In light of the restrictions brought about by the pandemic due to COVID-19, such clarificatory hearing shall be conducted via remote appearance through [ ] and guided by NPC Advisory No. 2020-02 or “Guidelines on the Use of Videoconferencing Technology for the Remote Appearance and Testimony of Parties Before the National Privacy Commission.”
Failure to comply with this Order shall cause the Commission to adjudicate the issues on the basis of the evidence on record.
SO ORDERED.
City of Pasay, Philippines 23 September 2020
LEANDRO ANGELO Y. AGUIRRE Deputy Privacy Commissioner
WE CONCUR:
RAYMUND E. LIBORO Privacy Commissioner
JOHN HENRY D. NAGA Deputy Privacy Commissioner
Copy furnished:
JWZ Data Protection Officer of Fynamics Lending, Inc.
ML President
CW Director
BBS Director
GONZALES AND QUISMORIO LAW OFFICES Counsel for Respondent Fynamics Lending, Inc.
ROMULA MABANTA BUENAVENTURA SAYOC & DE LOS ANGELES Former Counsel for Fynamics Lending Inc., ML, CW and BBS
GOROSIN GARCIA & ASSOCIATES Counsel for Respondents KF, JCG and HAD
COMPLAINTS AND INVESTIGATION DIVISION ENFORCEMENT DIVISION GENERAL RECORDS UNIT