In the Matter of Express Motors Mktg & Services, Inc.

May 17, 2012 SEC ADMINISTRATIVE CASE NO. 02-11-128 IN THE MATTER OF EXPRESS MOTORS MKTG & SERVICES, INC. ENFORCEMENT AND PROSECUTION DEPARTMENT , petitioner. FOR : Revocation of Corporate Registration ORDER As reported by the process servers of the Commission, the Summons dated 09 February 2011 was not successfully served to Express Motors Mktg & Services, Inc. ("Express Motors," for brevity) and its Chairman/President, Lou Jean A. Villanueva, for the reason that they cannot be found at the last known address. In view of the fact that Express Motors cannot be located, the Petitioner filed a Manifestation with Motion for Leave to Effect Service of Summons by Publication ("Manifestation," for brevity), which states that: "The addresses of the parties as indicated in the Petition were taken from the latest General Information Sheet submitted by Express Motors on 23 August 2007 and are therefore presumed to be correct and accurate. Further, Petitioner manifests that, despite diligent efforts, it has no other means of ascertaining any other address whereby the Respondents may be located for purposes of serving summons." 1 The same Manifestation prayed that service of summons be effected by publication pursuant to Sections 4-9, Rule IV of the 2006 Rules of Procedure of the Commission. Since the whereabouts of the Respondent are unknown and cannot be ascertained, the Commission concludes that any attempt to personally serve the summons upon Express Motors at the aforesaid address would be a waste of time and effort by the Commission's process servers. cEAHSC Considering the foregoing, and the fact that this petition was filed in behalf of the Commission, service by publication under Section 4-9 of Rule IV of the 2006 Rules of Procedures of the Commission is justified. Wherefore, let the SUMMONS dated 17 May 2012, together with this Order, be immediately posted in the Commission's website (www.sec.gov.ph) for thirty (30) days. Also, let a copy of this Order and the Summons dated 17 May 2012 be published once in a newspaper of general circulation. Respondents may secure a copy of the Petition for Revocation of Corporate Registration dated 08 February 2011 from the Office of the General Counsel of this Commission during office hours. Accordingly, all publication expenses shall be borne by the petitioner. Let the Enforcement and Prosecution Department be furnished a copy of this Order and the Summons for its appropriate action. SO ORDERED. Mandaluyong City, Philippines, May 17, 2012. By Authority of the Commission: (SGD.) C.A. GERARD M. LUKBAN Commission Secretary Footnotes 1. Paragraph 2 of Petitioner's Manifestation with Motion for Leave to Effect Service of Summons by Publication dated 27 April 2012. Published in The Philippine Star on May 30, 2012 .