REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

Office of the City Prosecutor

___________

-oOo-

___________ ___________

Complainant, Investigating Prosecutor

NPS DOC. NO. ___________

-versus-

FOR: Violation of Section 74 and 75

of the Corporation Code of the

Philippines
___________

Respondent.

X-------------------------------------------------x

OPPOSITION TO MOTION FOR RECONSIDERATION

COMES NOW, Respondent through undersigned counsel and

unto this Honorable Court, most respectfully submits this
Opposition to the Complainant’s Motion for Reconsideration and
states that:
 1. Last ___________, the Respondent received a copy of the
Motion for Reconsideration filed by herein Complainant seeking to
reconsider the Resolution of the Honorable Court date
___________;

2. The Respondent respectfully opposes the Complainant’s

Motion for Reconsideration. It is submitted that the Honorable
Court correctly ordered the dismissal of the Complaint for lack of
probable cause.

3. Petitioner banks heavily on the General Information Sheet

which states that the stockholder on record of ___________ is
“___________”.

4. I hereby reiterate the claim I made in my previously filed

Counter-Affidavit dated ___________ that due to space constraints
on the space provided for in the General Information Sheet, the
whole description should have read as “ ___________”. It is not
plainly “___________” on her personal capacity. Therefore, contrary
to the claim of Complainant in Paragraph 3 of the Motion for
Reconsideration, she is NOT A STOCKHOLDER OF ___________.

5. It is bear stressing that ___________, the ___________ of

Respondent, was the registered stockholder of ___________. The
Complainant, being the alleged daughter of ___________ does not
ipso facto become bona fide stockholder of the Corporation. Upon
the death of a shareholder, the heirs do not automatically
become stockholders of the corporation and acquire the
rights and privileges of the deceased as shareholder of the
corporation.1

1
Joselito Musni Puno vs. Puno Enterprises, Inc. G.R. No. 177066
 6. It is clear that ___________ failed to commence the estate
proceeding of the late ___________ and have the transfer of the
stocks recorded in the books of the corporation. Section 63 of the
Corporation Code provides that:

“ Certificate of stock and transfer of shares. - The

capital stock of stock corporations shall be divided into
shares for which certificates signed by the president or
vice president, countersigned by the secretary or
assistant secretary, and sealed with the seal of the
corporation shall be issued in accordance with the by-
laws. Shares of stock so issued are personal property
and may be transferred by delivery of the certificate or
certificates indorsed by the owner or his attorney-in-fact
or other person legally authorized to make the transfer.
No transfer, however, shall be valid, except as
between the parties, until the transfer is recorded in
the books of the corporation showing the names of
the parties to the transaction, the date of the
transfer, the number of the certificate or certificates
and the number of shares transferred.No shares of
stock against which the corporation holds any unpaid
claim shall be transferable in the books of the
corporation.“

PRAYER

WHEREFORE, premises considered, the Respondent

most respectfully pray of this Honorable Court to deny
Complainant’s Motion for Reconsideration.
 Other reliefs deemed just and equitable under the premises
are likewise prayed for.

Most respectfully Submitted, ___________

___________ ___________, Philippines

___________
Counsel for the Respondent

COPY FURNISHED:

Counsel for the Complainant

 VERIFICATION

NORMAN A. JISON, of legal age, Filipino, and a resident of

the Bacolod City, Negros Occidental, Philippines, after having
been sworn to in accordance with law, do hereby depose and
state:

1. That I am the Respondent in the above-entitled case.

2. That I have caused the preparation of the foregoing

Opposition to Motion for Reconsideration.

3. That I have read the contents thereof and the allegations

therein are true and correct based on my personal
knowledge and authentic records and documents in my
possession.

4. THAT I FURTHER CERTIFY, that the Respondent have not

commenced any action or filed any claim involving the same
issued in any court, tribunal, or quasi-judicial agency, and to
the best of my knowledge, no such action or claim is pending
therein, we undertake to report such facts within FIVE (5)
 DAYS from receipt of such knowledge to this Honorable
Court.

IN WITNESS WHEREOF, I have hereunto set my hand this

_____ day of _______________ at Bacolod City, Philippines.

NORMAN A. JISON
Respondent

SUBSCRIBED ANS SWORN, to before me this ______________

in the City of Bacolod, Philippines, the Affiant exhibiting to me his
Gov’t Issued I.D. No. _______________, issued at ___________
on ____________

Doc. No. _____;

Page No. _____;
Book No.______;
Series of 2020.