In the Matter of Christian Church Ministries of Mandaluyong, Inc.

January 13, 2009 SEC CRMD CASE NO. 08-11-0010 IN THE MATTER OF CHRISTIAN CHURCH MINISTRIES OF MANDALUYONG, INC. SEC REGISTRATION NO. A199912135 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, CHRISTIAN CHURCH MINISTRIES OF MANDALUYONG, INC. is a non-stock corporation registered with the Commission on September 17, 1999 under SEC Registration No. A199912135, with office address at 32 Arayat St., cor. Road 1, Mandaluyong City, organized to provide fellowship for churches, pastors and church members and to maintain facilities such as an office, library, youth and feeding center, as stated in its Articles of Incorporation. On December 1, 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated October 25, 2005, published on October 28, 2005 in the Philippine Daily Inquirer, for non-filing of reports.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 June 27, 2006, on the following grounds: 1. that the officers were 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 is 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. Trustees' Certificate dated November 12, 2008 certifying that at the annual meeting of the Board of Directors and members of the Petitioner held on March 31, 2008, at the office address, where a quorum was present, the resolution allowing the filing of the Petition was approved; 2. Photocopy of the Business Locational Clearance dated November 12, 2008, Barangay Malamig, City of Mandaluyong; 3. Photocopies of the 2005-2007 Annual Income Tax Return with 2006 Financial Statements and Bureau of Internal Revenue Payment Form; 4. Photocopy of the Quarterly Income Tax Return for the period June 2004; and 5. Photocopy of the BIR Payment Form for the year 2006. Petitioner submitted its 2008 General Information Sheet (GIS) and 2007 Financial Statements (FS) to prove its intention to continue its registration with the Commission. DIETcH Upon evaluation of the submitted documents vis-a-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) by effecting a change in its principal office address (32 Arayat St., cor. Road 1, Mandaluyong City, as stated in its 2008 GIS) without properly amending its Articles of Incorporation (which states 323-A Limay Street, Mandaluyong City, National Capital Region). Thus, a fine of Php5,000.00 2 was imposed on the Petitioner, pursuant to Section 144 of the Code. On November 17, 2008, Petitioner paid the fine of P13,500.00 under Official Receipt No. 0232492, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 2000-2007 2008 Financial Statements 2000-2006 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its officers were 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 corporations to submit an annual report of 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 as excuse from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operations since its incorporation, and its intent to continue as a juridical entity, the Order of the Commission dated October 25, 2005 revoking the Certificate of Registration of CHRISTIAN CHURCH MINISTRIES OF MANDALUYONG, INC., is hereby SET ASIDE. Further, the Petitioner is hereby directed to file its application for the amendment of its Articles of Incorporation (changing its principal office address from 323-A Limay Street, Mandaluyong City, National Capital Region to 32 Arayat St., cor. Road 1, Mandaluyong City ). The Petitioner is warned that non-compliance therewith shall constitute a continuous violation of Section 16 of the Code. Finally, Petitioner is hereby directed to submit its 2008 Mayor's Permit 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. SO ORDERED. Mandaluyong City, January 13, 2009. (SGD.) BENITO A. CATARAN Director Footnotes 1. Photocopies are faithful reproductions of the originals of the documents. 2. included in the O.R.