In the Matter of Mansfield Technological College, Inc.

January 9, 2009 SEC CRMD CASE NO. 08-11-0007 IN THE MATTER OF MANSFIELD TECHNOLOGICAL COLLEGE INC. (FORMERLY: MANSFIELD TECHNOLOGICAL SCHOOL, INC.) SEC REGISTRATION NO. A200003616 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, MANSFIELD TECHNOLOGICAL COLLEGE INC., is a non-stock educational corporation registered with the Commission on 6 March 2000 under SEC Registration No. A200003616, with principal office address at A. Soriano Highway, Timalan, Naic, Cavite, as stated in its Articles of Incorporation. cHaADC On 02 August 2006, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 27 June 2006, published on 03 July 2006 in the Philippine Star, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 27 June 2006, on the following grounds: 1. that Petitioner had no knowledge of the yearly reportorial requirements of the Commission; and 2. that there are students currently enrolled at the Petitioner's school. 3. that Petitioner has students under the sponsorship of Technical Education and Skills Development Authority (TESDA) Scholarship Program. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 30 October 2008, certifying that at the special joint meeting of the trustees and members, held on 4 October 2008, at its principal office in A. Soriano Highway, Timalan, Naic, Cavite, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Photocopies of Mayor's Permit for 2004, 2006 to 2008, Municipality of Naic, Province of Cavite; 3. Photocopies of Bureau of Internal Revenue Form 1702-Annual Income Tax return for the years 2005 to 2006 and 2008, received by the BIR-Revenue District Office 54, Trece Martirez; 4. Photocopies of Government Recognition from the Commission on Higher Education (CHED) dated 7 June 2004, granting Petitioner recognition to conduct and operate the Bachelor of Science in Business Administration and Bachelor of Science in Hotel and Restaurant Management, and on 24 June 2004 for Bachelor of Science in Computer Science; 5. Photocopy of Certification from the Office of the Mayor, Municipality of Naic, dated 16 April 2004, recognizing the Petitioner's active participation in the municipal programs; 6. Photocopies Temporary Permits from CHED given on various dates in 2001 to 2003; and ACaEcH 7. Photocopies of Technical Education and Skills Development Authority (TESDA) Certificate of TVET Program Registration granting the Petitioner authority to offer 2-year programs in Hotel and Restaurant Management, Computer Technology, Computer Secretarial, Tourism and Computer Programming, issued on 16 May 2000; Petitioner submitted its 2008 General Information Sheet and 2008 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. Upon evaluation of the submitted documents vis--vis the records on file with the Commission, it appears that the Petitioner violated Section 48 of the Corporation Code of the Philippines (the Code), on the fiscal year of the corporation (April 1 to March 31, as stated in its 2008 Financial Statements) without properly amending its By-Laws (which states January 1st to December 31). On 06 November 2008, Petitioner paid the fine of P36,250.00, under Official Receipt No. 0226923, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 2001-2007 Financial Statements 2000-2006 2007 WHEREFORE, Petitioner's allegation that it has no knowledge of the reportorial requirements of the Commission is without merit considering that Section 141 of the Code 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 as excuse from compliance therewith. However, finding the submitted documents sufficient to establish the Petitioner's continuous operations since 2000 to present, and its intent to continue as a juridical entity, the Order of the Commission dated 27 June 2006, revoking the Certificate of Registration of the MANSFIELD TECHNOLOGICAL COLLEGE INC., is hereby SET ASIDE. IaSAHC Further, Petitioner is hereby directed to file its application for the amendment of its By-Laws (changing its fiscal year from January 1 to December 31 to April 1 to March 31 ) and pay the corresponding penalty for late filing thereof, within thirty (30) days from date of receipt of this Order. The Petitioner is warned that non-compliance shall constitute a continuous violation of Section 48 of the Code. Also, Petitioner is directed to secure favorable endorsements from the CHED and the TESDA within the same period as stated above; non-compliance therewith, shall cause the recall of this Order. SO ORDERED. Mandaluyong City, January 9, 2009. (SGD.) BENITO A. CATARAN Director Footnotes 1. Photocopies are faithful reproductions of the originals of the documents.