In re Zentex Cyber Solution Ltd. Co.

July 6, 2010 SEC ADMINISTRATIVE CASE NO. 08-07-87 (CED Case No. 07-2856) IN THE MATTER OF ZENTEX CYBER SOLUTION LTD. CO. COMPLIANCE AND ENFORCEMENT DEPARTMENT , petitioner . ORDER After finding Petitioner's Ex-Parte Manifestation dated 23 December 2009 satisfactory, this Order is being issued to supersede the Order dated 07 December 2009, to wit: In view of the findings of petitioner Compliance and Enforcement Department 1 ("CED") that all the addresses provided by the partners of Zentex Cyber Solution Ltd. Co. ("Zentex") in their Articles of Partnership are false, this Office concludes that any attempt to personally serve the summons upon Zentex or its partners at the aforesaid addresses would be a waste of time and effort of the Commission's process servers. Furthermore, this Office is also aware that attempts to effect personal service of several notices issued by CED had also proved futile, as evidenced by the following notations on the Notice Requiring Appearance issued by CED on 24 August 2006 and 07 September 2006: 1. Zentex Cyber Solution Ltd. Co. "Not holding office in this address, not even listed in the building directory 8/29/06 (signed)" 2. Jeffrey R. Sulit "9-11-06 There is no Jeffrey R. Sulit in this addressee (sic) , according to a barangay official of Brgy. 185, Malaria, Caloocan City." 3. Jerald Christian B. Lumbau "9-8-06 Cannot be located, majority of the houses here have no house numbers." 4. Ruby S. Carangana "Cannot be located. Subject number is supposed to be occupied by a public school under construction. 9/8/06 (signed)" CHcTIA 5. Jason C. Alcala "Not residing in this address. A certain Fermin family occupies the address, subject person is not connected to them. 9/8/06 (signed)" 6. Rodolfo V. Martinez "9-8-06 Cannot be located, majority of house (sic) here have no house numbers." Moreover, in a "Summary Report on Field Investigation" dated 13 September 2006 prepared by CED, it states that Zentex's address at 1302 Dela Rosa Street, Corner Perea Street, Legazpi Village, Makati is actually fictitious since the highest street number at the said corner is about 107, while the highest number for the whole Dela Rosa Street is only about 167. Considering the foregoing, and the fact that this petition was filed on behalf of the Commission, service by publication under Sec. 4-9 of Rule IV of the 2006 Rules of Procedure of the Commission is justified. WHEREFORE, let the SUMMONS dated 07 December 2009, together with this ORDER and a copy of the PETITION for Revocation of Certificate of Incorporation dated 29 August 2007, be immediately posted in the Commission's website (www.sec.gov.ph) for thirty (30) days. Moreover, let a copy of this ORDER and the SUMMONS dated 07 December 2009 be published once in a newspaper of general circulation. Respondents may avail of a copy of the petition during office hours from the Office of the General Counsel of this Commission. Accordingly, all publication expenses shall be borne by the petitioner. Let the Enforcement and Prosecution Department be furnished with a copy of this Order and the Summons for its appropriate action. SO ORDERED. Mandaluyong City, July 6, 2010. By Authority of the Commission: (SGD.) VERNETTE G. UMALI-PACO General Counsel Footnotes 1. Now Enforcement and Prosecution Department.