CBFM International Freight Forwarding, Inc. vs. Evsa-Ade A. Minoza, et al.

[SEC-SICD * CASE NO. 3239. July 28, 1988.] CBFM INTERNATIONAL FREIGHT FORWARDING, INC. , petitioner , vs . EVSA-ADE A. MINOZA and PERFIDIA V. FLORES , respondents . O R D E R For resolution in this case is the respondents' affirmative defense which was set for preliminary hearing on July 5, 1988, and treated as a motion to dismiss. prLL When the incident was called for hearing as scheduled, only respondents and their counsel appeared, notwithstanding the fact that said scheduled hearing was by agreement of the parties. Upon verbal motion of counsel for the respondents, an ex-parte hearing was conducted. In said ex-parte hearing, it was established that on August 7, 1987, respondents resigned from their respective positions in the petitioner corporation and surrendered their shares to the corporation, consisting of one (1) share each; that with the surrender of their shares, they ceased to be shareholders of the petitioner corporation. This case was filed on October 5, 1987. Respondents ceased to be stockholders of the petitioner corporation on August 7, 1987. It is clear, therefore, that at the time this case was filed, there exists no intra-corporate controversy between the parties. WHEREFORE, let this case be, as it is hereby DISMISSED for lack of jurisdiction over the subject matter. SO ORDERED. (SGD.) FELIPE S. TONGCO Hearing Officer