SEC Adm. Case No. 02-09-157 Ambos Mundos Restaurant, Inc.

Securities and Exchange Commission SEC Bldg. EDSA, Greenhilis, Mandaluyong City Republic of the Philippines

EN BANC

AMbos mundos restaurant, Inc. -versus- Petitioner SEC EN BANC CASE NO. 02-09-157 (SEC Case No. 06-07-189)

MARIA THERESA S. GAUDINEZ MARTINEZ Respondent. For: Change of Corporate Name

RESOLUTION

and directing petitioner Ambos Mundos Restaurant, Inc. to delete the words "Ambos Mundos" in its corporate name. On 07 February 2009, the last day of the reglementary period within which to file an appeal, petitioner filed a motion for five (5) days after the lapse of the period within which to file an appeal, petitioner, Petition. reconsideration assailing the Order dated 27 January 2009.On 13 February 2009, realizing its error in filing a motion for reconsideration, subsequently filed this instant On 27 January 2009, the Commission issued an Order in favor of respondent

The filing of a Petition for Review on Certiorari under Rule 12 of the 2006 Rules of Procedure of the Comnission (Rules') is not the proper remedy in questioning the assailed Order. Under Section 12-11 of the Rules, a Petition for appeal under Section 11-1 of the Rules is the proper remedy then available to the Review on Certiorari may be resorted to if there is no appeal or plain, speedy and adequate remedy in the ordinary course of law. In the instant case, an ordinary

aggrieved party. However, petitioner filed a motion for reconsideration in lieu of an ordinary appeal. Being a prohibited pleading, such motion should not be considered

petition with the Commission En Banc alieging the facts with certainty and praying that judgment be ' SEC. 1 2-1. Petition for Review on Certiorari. When any Hearing Officer/Panel of the Commission, has acted granting such relief as the applicable laws may require. speedy and adequate remedy in the.ordinary course of law. a person aggrieved thereby may file a verified rendered annulling .or modifying the proceedings. order or ruling of such Hearing Officer or Panel and without or in excess of jurisdiction, or with grave abuse of discretion and there is no appeal, nor any plain.

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http:77www.sec.gov.ph (632) 726-09-31 to 39

SEC En Banc Case No. 02-09- 157 SEC Case No. 06-07-189 Armbos Mundos Restaurant. Maria Theresa S. Gaudinez Martinez

and given due course. It shaii be automatically expunged from the records of the case.

for review on certiorari filed by petitioner is hereby DISMISsED WHEREFORE, premises considered, the instant appeal by way of a petition

SO ORDERED.

Mandaluyong City, 13 May 2010.

Pe B. BArIN Chairperson

MA. JUANITA E. CUETO Commissioner RAUL J. PALABRICA Commissioner

Manuel HuBe ERtO B. GAItE LADIO T A

Commissioner Commissioner

% SEC. 3-6(b). 2006 Rules of Procedure of the Securities and Exchange Commission.

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