Joan Kamakee Cameron Parrish v. Baguio Country Club Corp.

[SEC-SICD * CASE NO. 05-94-4775. September 11, 1996.] JOAN KAMAKEE CAMERON PARRISH , complainant , vs . BAGUIO COUNTRY CLUB CORPORATION, POTENCIANO ILUSORIO and ERNESTO P. SANCHEZ , respondents . GREGORIO F. ORTEGA, as special administrator of the state of the late Lydia F. Henry . D E C I S I O N This is a petition for mandamus filed by herein petitioner Joan Kamakee Parrish (hereinafter referred to as Parrish) seeking to compel respondent Baguio Country Club Corporation (hereinafter referred to as BCCC) to issue replacement stock certificates for twenty eight (28) BCCC shares of stock of the late Gordon W. Mackay in the name of the petitioner. The petitioner alleged that she is the daughter and sole heir of Gordon W. Mackay. Pursuant to a Supplemental Extrajudicial Settlement of Estate, Parrish adjudicated to herself the twenty eight (28) shares of stock of BCCC registered under the name of her late father. All the formalities in the transfer of the said shares to the daughter Parrish, including the payment of taxes were duly complied with the petitioner. The only thing lacking was the recording of the said shares in her name. LLphil Parrish surrendered the certificates of the subject shares to BCCC in order that they may be replaced with new certificates in her name. The same however, were never replaced due to the fact that the same shares registered in the name of Gordon W. Mackay were being claimed by the estate of Lydia F. Henry. Because of the complicated situation which arose from the said incidents, BCCC prudently refused to issue any replacement certificate unless directed by a court of competent jurisdiction. To pursue their claim over the subject shares, the special administrator for the estate of Lydia F. Henry, Gregorio F. Ortega filed their Answer-in-Intervention in this case. Subsequently, administrator Gregorio F. Ortega was replaced by Gregorio Alcaraz, Jr. by virtue of an Order issued by the probate court Judge Manuel P. Dumatol (RTC Br. 112). In his capacity as Special Administrator, Gregorio Alcaraz, Jr. filed a manifestation in this case stating in effect that he is not in conformity with the Intervention and that he is withdrawing/abandoning all subsequent pleadings filed in this case. Furthermore, it has been manifested by the Special Administrator that they would not interpose any objection to the registration of the twenty eight (28) BCCC shares of stock in the name of Parrish. cdll In view of the foregoing, it appears that there is no longer any opposition to the instant petition. This being the case, the registration of the subject shares in the name of Parrish is now merely a ministerial duty on the part of BCCC. WHEREFORE, premises considered, this Commission hereby directs the respondents to issue replacement stock certificate(s) for the twenty eight (28) Baguio Country Club Corporation shares of stock of the late Gordon W. Mackay in the name of the petitioner Joan Kamakee Cameron-Parrish. SO ORDERED. (SGD.) C.A. GERARD M. LUKBAN Hearing Officer