Dimasalang P. Flores vs. Generosa C. Benitez, et al.

 [SEC-SICD * CASE NO. 07-96-5398. July 30, 1998.]DIMASALANG P. FLORES, complainant-petitioner vs. GENEROSA C. BENITEZ, ET AL, respondents.D E C I S I O NThis is an action for annulment of the amended corporate name St. Joseph Christian School, Inc. formerly St. Joseph Study Center, Inc., with a prayer for the issuance of a temporary restraining order and/or a writ of preliminary injunction enjoining respondent Generosa C. Benitez from collecting fees from students for the school year 1996-1997 and from using the joint ventures funds. The petitioner also prays for an accounting of the income of the school for the said school year and for award of damages. Respondents' answer raised the affirmative defenses of (1) lack of jurisdiction, (2) forum-shopping, (3) lack of cause of action, and (4) non-compliance with the requirements of a derivative suit which affirmative defenses were treated as a Motion to Dismiss. In an order dated August 1, 1997, the motion to dismiss was denied. Likewise, the alleged defense of forum-shopping was ruled out in that Order. Civil Case No....