Alex Lina vs. Rogelio Ordoñez, et al.

[SEC-SICD * CASE NO. 3273. July 20, 1988.] ALEX LINA, for and in behalf of METROSTAR PORT AND ALLIED SERVICES, INC. , plaintiff, vs . ROGELIO ORDOEZ, ET AL. , respondents . O R D E R For resolution in this case is the motion to dismiss filed by defendants Amelito R. Mutuc, Victor Zapanta, Segundo D. Rodrigo, Vicente A. Perez, Dominador Chispa and Eladio S. Pasamba, on the ground that they are not stockholders of plaintiff corporation as shown by their affidavits attached to the motion to dismiss. LexLib Plaintiff opposed the motion to dismiss, alleging that the defendants are officers of the corporation. The corporate records of the corporation show that the plaintiff, Alex Lina, who filed the complaint for and in behalf of the corporation, in a DEED OF ASSIGNMENT executed on September 5, 1986, "have conveyed, transferred and ceded absolutely, irrevocably and unconditionally by way of ASSIGNMENT all my rights, interests and/or participation" in METROSTAR PORT AND ALLIED SERVICES, INC. to one Romeo L. Santos of B.F. Homes, Paraaque, Metro Manila, and had authorized the Corporate Secretary to issue the corresponding stock certificate to his assignee and record the appropriate entries in the corporation's stock and transfer book. By virtue of the aforesaid DEED OF ASSIGNMENT, the plaintiff ceased to be a stockholder at the time this case was filed on December 2, 1987. Consequently, he has no legal personality to bring this suit. WHEREFORE, let this case be, as it is hereby DISMISSED. SO ORDERED. (SGD.) FELIPE S. TONGCO Hearing Officer