In the Matter of Excellent Manpower Services & Management Corporation

March 6, 2014 SEC CASE NO. 07-05-71 IN THE MATTER OF EXCELLENT MANPOWER SERVICES & MANAGEMENT CORPORATION ORDER On 06 July 2005, the Commission received the letter-complaint of Mr. Ricardo L. Sadac, the President of Excellent Manpower Services (hereinafter, EMS), seeking the cancellation of the registration of Excellent Manpower Services & Management Corporation (EMSMC) for having a name confusingly similar to that of EMS. Based on the letter-complaint, EMS was duly registered with the Department of Trade and Industry as a sole proprietorship providing local manpower services. The first renewal of the registration of the business name of EMS was dated 31 August 1988 and the said registration has been continuously renewed. On the other hand, based on the records of the Commission, EMSMC was registered with the Commission on 03 July 1992 with SEC Registration No. AS092-004177. Its primary purpose is as follows: "To engage in the business of providing or furnishing any and all forms or types of services and facilities relating to placement or employment and to engage in the business of contracting, enlisting, recruiting Filipino professionals, and skilled and unskilled workers for domestic work; to maintain and operate an information bureau for the collection and supply of information as to proposals for work and job opportunities, available unemployed labor (whether skilled or unskilled), business conditions, credit rating, and other subjects of trade interest; and otherwise, to carry on and conduct a general agency business, to act, and to appoint others to act as general agent, special agent, broker, factor, representative and commission merchant for individuals or firms for local endeavors only." TEDAHI EMS argues that it was the first to register and use the business name "Excellent Manpower Services" and, hence, prays for the cancellation of the corporate registration of EMSMC as its name is confusingly similar with that of EMS. Further, EMS intends to incorporate "Excellent Manpower Services" with the Commission in the future and the existence of EMSMC might present a difficulty in EMS' registration. At this point, it is necessary to note that the Commission issued SEC Order dated 30 September 2003 and published in 04-October 2003 in the Philippine Daily Inquirer revoking the Certificate of Registration of several corporations for non-filing of General Information Sheets and Financial Statements for the period 1997 to 2002. Based on the records of the Commission, EMSMC was included as one of the corporations whose certificate of registration with the Commission was revoked due to non-filing of the above-mentioned reportorial requirements. EMSMC was given up to 31 December 2013 to file a Petition to Lift the order of revocation pursuant to SEC Memo Circular No. 1 Series of 2012 dated 08 March 2012. However, up to the present, no Petition to Lift has been filed with the Commission. Thus, because the time granted to EMSMC for filing a Petition to Lift order of revocation has lapsed on 31 December 2013, its "revoked" status has become permanent as it can no longer be revived. WHEREFORE, the instant case is hereby DISMISSED for being moot. SO ORDERED. Mandaluyong City, March 6, 2014. aDSAEI (SGD.) TERESITA J. HERBOSA Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner MANUEL HUBERTO B. GAITE Commissioner (SGD.) ELADIO M. JALA Commissioner (SGD.) ANTONIETA F. IBE Commissioner