In the Matter of Colegio de Immaculada Concepcion of Bulacan, Inc.

January 13, 2009 SEC CRMD CASE NO. 08-11-0014 IN THE MATTER OF COLEGIO DE IMMACULADA CONCEPCION OF BULACAN, INC. SEC REGISTRATION NO. A199804885 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, COLEGIO DE IMMACULADA CONCEPCION OF BULACAN, INC., is a non-stock corporation registered with the Commission on March 26, 1998, under SEC Registration No. A199804885, with principal office address at Bulihan, Plaridel, Bulacan, organized to operate an educational institution or learning center which shall provide courses of study in Pre-elementary, Elementary, Secondary and Tertiary, 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 On December 1, 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated October 25, 2005, published on October 28, 2003 in the Philippine Daily Inquirer, for non-filing of reports.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, 2003, on the following grounds: 1. that it is not aware of the Commission's reportorial requirements; 2. that it is existing and operational up to the present; 3. that it has no intention to violate the law and any of the Commission's rules and regulations; and 4. that it commits to submit the reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated November 12, 2008, certifying that at the regular meeting of the members and the Board of Trustees', held on October 18, 2008, at the office address, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of the Pahintulot ng Barangay (Business Permit) for the year 2008, Bulihan, Plaridel, Bulacan; 3. Photocopy of the 2008 Business Permit, Plaridel, Bulacan; 4. Photocopy of the Certification dated November 19, 2008, Tanggapan ng Sangguniang Barangay, Bulihan, Plaridel, Bulacan, as to Petitioner's operation since June 1998 up to present; 5. Photocopy of the Certificate of Registration dated January 12, 2004 issued by the Bureau of Internal Revenue; 6. Photocopies of Special Orders issued by the Department of Education, Malolos, Bulacan, on various dates in 2001, 2003, and 2007; 7. Photocopies of Summer Permits issued by the Department of Education, San Fernando, Pampanga, on various dates in 2004 and 2005; and 8. Photocopy of the Government Permit issued by the then Department of Education, Culture and Sports dated May 6, 1998 authorizing Petitioner to operate pre-elementary and Grades I-IV of the Elementary Courses. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On November 27, 2008, Petitioner paid the fine of P42,500.00 under Official Receipt No. 0236762, 2 for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1999-2006 2007 Financial Statements 1998-2005 2006 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 as excuse from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operation since 1998 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 COLEGIO DE IMMACULADA CONCEPCION OF BULACAN, INC., is hereby SET ASIDE. Finally, Petitioner is also directed to submit favorable endorsement from the Department of Education and the Commission on Higher Education within thirty (30) days from receipt of this Order. Failure to comply with this 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. The amount stated in the O.R. (P44,520.00) includes the docket fee of P2,000.00 and the Legal Research Fee of P20.00.