In the Matter of Terracota Villas, Inc.

May 17, 2012 SEC ADMINISTRATIVE CASE NO. 11-11-137 IN THE MATTER OF TERRACOTA VILLAS, INC. ENFORCEMENT AND PROSECUTION DEPARTMENT , petitioner . FOR : Revocation of Corporate Registration ORDER As reported by the process servers of the Commission, the Summons dated 01 December 2011 was returned unserved because Terracota Villas, Inc. ("Terracota Villas," for brevity) cannot be found in the address stated in the Petition. In view of the fact that the whereabouts of Respondent Terracota Villas could not be ascertained, the Petitioner filed a Motion for Leave to Serve Summons by Publication ("Motion," for brevity), which states that: "[T]he summons to respondent corporation as well as its president and treasurer was returned unserved as their whereabouts can no longer be ascertained despite diligent inquiry." 1 The same Motion prayed that service of summons be effected by publication pursuant to Section 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 Terracota Villas at the aforesaid address would be a waste of time and effort by the Commission's process servers. 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 Procedure of the Commission is justified. EAICTS 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 November 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 the Petitioner's Motion for Leave to Serve Summons by Publication dated 26 April 2012. Published in The Philippine Daily Inquirer on May 25, 2012 .