In the Matter of Philippine Council on Accreditation of Healthcare Organizations, Inc.

January 9, 2009 SEC CRMD CASE NO. 08-11-0009 IN THE MATTER OF PHILIPPINE COUNCIL ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS INC. SEC REGISTRATION NO. A199914655 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, PHILIPPINE COUNCIL ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS, INC., is a non-stock corporation registered with the Commission on 21 September 1999 under SEC Registration No. A199914655, with office address at Room 401 Delta Bldg., West Avenue, cor. Quezon Avenue, Quezon City, organized to accredit health care organizations, as stated in its Articles of Incorporation. ITESAc On 01 December 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 25 October 2005, published on 28 October 2005 in the Philippine Daily Inquirer, for non-filing of reports.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 the Petitioner's officers were not aware of the reportorial requirements of the Commission; 2. that if the Order of Revocation is not set aside, accreditation of medical clinics under the Quality Standards Systems (QSS) Certification as required by the International Maritime Organization (IMO) would be affected, thus impeding deployment of overseas filipino workers; and 3. that Petitioner intends to continue its operation. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 14 November 2007, certifying that at the annual meeting of the Board of Trustees and its Members, held on 14 October 2007, at its office address at Room 401 Delta Bldg., West Avenue, cor. Quezon Avenue, Quezon City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. BIR Certificate of Registration dated 17 April 2008; 3. Photocopies of Certification of Quality Standards System issued by the Petitioner on various dates in February to June 2008 to its accreditees; and 4. Photocopy of Certificate of Recognition dated 20 February 2006, issued by Bureau of Health Facilities and Services-Department of Health, that Petitioner is a certifying organization for Quality Standards Systems of Medical Clinic for Overseas Filipino Workers and Seafarers. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines as due. AacDHE Upon evaluation of the submitted documents vis--vis the records on file with the Commission, it appears that the Petitioner violated Section 16 of the Corporation Code of the Philippines (the Code), on the principal address of the corporation ( Room 401 Delta Bldg., West Avenue, cor. Quezon Avenue, Quezon City , as stated in its Petition and as shown by the supporting documents) without properly amending its Articles of Incorporation (which states, Bureau of Licensing & Regulation Department of Health, Sta. Cruz, Manila ). On 14 November 2008, Petitioner paid the fine of P45,000.00, 2 under Official Receipt No. 0229732, 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 had 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 operations since 2006 to present, 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 PHILIPPINE COUNCIL ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS INC., is hereby SET ASIDE. Further, the Petitioner is hereby directed to submit its 2009 Mayor's Permit and to file its application for the amendment of its Articles of Incorporation (changing its principal address from Bureau of Licensing & Regulation, Department of Health, Sta. Cruz, Manila to Room 401 Delta Bldg., West Avenue, cor. Quezon Avenue, Quezon City ), within thirty (30) days from date of receipt of this Order. The Petitioner is warned that non-compliance therewith shall cause the recall of this Order. TDCcAE SO ORDERED. Mandaluyong City, January 9, 2009. (SGD.) BENITO A. CATARAN Director Footnotes 1. Photocopies are faithful reproductions of the originals of the documents. 2. Includes fines for the violation of the Code.