In the Matter of Jehovah Shammah Christian Community School, Inc.

January 9, 2009 SEC CRMD CASE NO. 08-11-0003 IN THE MATTER OF JEHOVAH SHAMMAH CHRISTIAN COMMUNITY SCHOOL INC. SEC REGISTRATION No. A199913731 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, JEHOVAH SHAMMAH CHRISTIAN COMMUNITY SCHOOL INC., is a non-stock corporation registered with the Commission on August 27, 1999 under SEC Registration No. A199913731, with principal office address at 645 Zenia St., Paciano Rizal, Bay, Laguna, organized to operate of elementary and secondary school, as stated in its Articles of Incorporation. ICacDE On December 1, 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated October 25, 2005, published on October 28, 2005 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated October 25, 2005, on the following grounds: 1. that it was not aware of the Commission's reportorial requirements; 2. that it has no intention to violate the law and any SEC rules and regulations; 3. that it shall henceforth submit reportorial requirements religiously; and 4. that it intends to continue its registration with the Commission. In support of its Petition, Petitioner submitted the following documents: 1 1. Board Resolution dated August 5, 2008 certifying that at the annual meeting of the Board of Trustees and members of the Petitioner held on March 29, 2008, at its office address, where a quorum was present, the resolution allowing the filing of the Petition was approved; 2. Photocopy of the Certification of School Existence dated August 19, 2008, since 1999 to the present, the Barangay Captain, Barangay Paciano Rizal, Municipality of Bay, Laguna; 3. Photocopy of the Certification dated September 1, 2008, of Petitioner's location and operation in Barangay Paciano Rizal, Bay, Laguna, by the Office of the Municipal Mayor, Bay, Laguna; 4. Photocopy of the 2007 Annual Income Tax Return; 5. Photocopies of the Government Recognition issued by the then Department of Education, Culture and Sports on various dates in 2003, 1999 and 1998; IcaEDC 6. Photocopy of the Philippine National Bank Certification dated August 3, 2007 certifying Petitioner's account with the said bank and Statement as of December 28, 2007; 7. Photocopies of Petitioner's letter to The Director of the Department of Education dated March 14, 2005 and June 2, 2007; 8. Photocopies of the Social Security System Contributions Payment Return of Petitioner for the month of April to May 2008 and Philippine Health Insurance Corporation Contributions Payment Return of Petitioner for the month of March 2008; and 9. Photocopy of the Certification of Registration with the Bureau of Internal Revenue dated September 7, 1999. Petitioner submitted its 2008 General Information Sheet (GIS) and 2007 Financial Statements (FS) to prove its intention to continue its registration with the Commission. On October 30, 2008, Petitioner paid the fine of P7,750.00, under Official Receipt No. 0225296, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 2000-2007 2008 Financial Statements 2000-2006 2007 WHEREFORE, Petitioner's allegation that it was not aware of the reportorial requirements to be submitted to the Commission which caused the revocation of its Certificate of Registration is without merit. Section 141 of the Corporation Code of the Philippines (the Code) requires corporation to submit an annual report of its operations and such other requirements as the Commission may require. 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 1999 up to the present, and its intent to continue as a juridical entity, the Order of the Commission dated October 25, 2005 revoking the Certificate of Registration of JEHOVAH SHAMMAH CHRISTIAN COMMUNITY SCHOOL INC. is hereby SET ASIDE. Further, Petitioner is hereby directed to submit its 2008 Mayor's Permit and a favorable endorsement from the Department of Education, within thirty (30) days from the date of receipt hereof. Failure on the part of the Petitioner to comply with the said directive shall cause the recall of this Order. DCATHS SO ORDERED. Mandaluyong City, January 9, 2009. (SGD.) BENITO A. CATARAN Director Footnotes 1. Photocopies are faithful reproductions of the originals of the documents.