Pacita G. Lim vs. Rizalino O. Tan

[SEC CASE NO. 3030. September 16, 1987.] IN THE MATTER OF THE DISSOLUTION OF TAN KING PAPER PRODUCTS MANUFACTURING CO., PACITA G. LIM , petitioner , vs . RIZALINO O. TAN , respondents . O R D E R During the preliminary conference hearing held last August 31, 1987, petitioner, through counsel, made an oral manifestation and motion that in view of the pleadings on file, specifically the answer, wherein the respondent himself manifested his desire not to continue with the partnership, he is constrained to move for a partial summary judgment on the issue of dissolution, and to which motion, respondent, through counsel, did not interpose any objection. The undersigned Hearing Officer, upon consideration of the aforesaid oral motion, and considering that no objection thereto has been interposed by the respondent, hereby rules to grant said oral motion, and accordingly hereby renders a partial judgment declaring the partnership Tan King Paper Products Manufacturing Company DISSOLVED. ADEaHT The parties, by agreement, also delineated the following as the remaining issued still to be resolved in the above-entitled case, to wit: 1. Whether or not respondent, in his capacity as General Manager of the partnership, did not act or perform his duties as such General Manager in accordance with the provisions of the Articles of Partnership; 2. Whether or not petitioner, in the light of her duties in the partnership, did also fulfill said duties in accordance with the provisions of the Articles of Partnership; 3. Whether or not respondent is an industrial partner; 4. Whether or not the machineries subject of the alleged waiver should still be properly considered as properties of the partnership; and 5. Assuming that the aforesaid machineries are considered partnership properties, whether or not the respondent still has any claim to these partnership assets in view of the waiver of partnership interest he executed. petitioner, through counsel, manifested that she is presenting at least three to four witnesses while respondent, through counsel, intimated that he will be presenting four (4) witnesses. EAcHCI The initial hearing for the reception of petitioner's evidence is hereby set on September 23, 1987 at 2:00 o'clock in the afternoon. SO ORDERED. (SGD.) ALBERTO P. ATAS Hearing Officer