In the Matter of Artacho UCCP Nursery/Kindergarten School, Inc.

January 7, 2009 SEC CRMD CASE NO. 08-09-0001 IN THE MATTER OF ARTACHO UCCP NURSERY/KINDERGARTEN SCHOOL, INC. SEC REGISTRATION NO. B199800738 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, ARTACHO UCCP NURSERY/KINDERGARTEN SCHOOL, INC., is a non-stock corporation registered with the Commission on 9 September 1998 under SEC Registration No. B199800738, with principal office address at Artacho, Sison, Pangasinan. AacDHE On 01 December 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 25 October 2005, published on 28 October 2005 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 25 October 2005, on the following grounds: 1. that Petitioner's pre-school enrollees will be affected if the Revocation Order is not set aside; 2. that Petitioner had no knowledge of the reportorial requirements of the Commission; and 3. that Petitioner intends to continue its operations. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 27 July 2008, certifying that at the special meeting, held on 20 July 2008, at its principal office in Artacho, Sison, Pangasinan, at which a meeting a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of 2008 Mayor's Permit issued on 31 July 2008, Municipality of Sison, Province of Pangasinan; 3. Photocopy of the Bureau of Internal Revenue Form 1903 Application for Registration, received by the BIR-Revenue District Office No. 6, Urdaneta City on 6 August 2008; 4. Photocopy of the Petitioner's program cover for the Moving Up Ceremony for the School Year 2006-2007; 5. Photocopy of Government Recognition for pre-elementary course, given on 30 January 2002, by the Department of Education Culture and Sports-Region I-City of San Fernando; 6. A copy of the Petitioner's proposed budget for the school year 2007-2008. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also manifested that it has no intention to violate the law and any SEC rules and regulations and commits to immediately pay the fines as due. aTADcH On 03 September 2008, Petitioner paid the fine of P9,250.00, under Official Receipt No. 5522884, for non/late filing/registration of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1999-2007 Financial Statements 1999-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that it had no knowledge of the reportorial requirements of the Commission is without merit considering that Section 141 of the Corporation Code of the Philippines requires corporations to submit an annual report of its operations and such other requirements as the Commission may require. The Petitioner is bound by the said provision of the law and it cannot claim ignorance to excuse it from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operation since 2002, and its intent to continue as a juridical entity, the Order of the Commission dated 25 October 2005, revoking the Certificate of Registration of the ARTACHO UCCP NURSERY/KINDERGARTEN SCHOOL, INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, January 7, 2009. (SGD.) BENITO A. CATARAN Director Footnotes 1. Photocopies are faithful reproductions of the originals of the documents.