In re Couples for Christ Foundation, Inc.

June 5, 2008 SEC EN BANC CASE NO. 01-08-0326 IN THE MATTER OF COUPLES FOR CHRIST FOUNDATION, INC. (SEC Reg. No. 118783) , petitioner . FOR: SETTING ASIDE OF ORDER OF REVOCATION O R D E R Petitioner "COUPLES FOR CHRIST FOUNDATION, INC." ("Petitioner") is a non-stock corporation registered with the Commission on January 30, 1984 under SEC Reg. No. 118783. Its principal office is located at 300 P. Guevarra Street, San Juan, Metro Manila. It was established for the following purposes, among others: 1. Concerning the Individual Family : a. to promote, support and encourage the improvement of Filipino marital and family life and consciousness of community, to conduct, promote, underwrite programs and projects that aim to inculcate moral and human values in family life; b. to promote, support and encourage the total human development and spiritual formation of husbands and wives, and to contribute to the formation and development of a genuine cultural, moral and human values; c. to promote, support and encourage the total human development and spiritual formation of their children and in general, to uphold, promote and enhance the dignity of the human being as well as the quality of life and the general well-being of the nation; to conduct and undertake activities designed to promote and enhance a person's physical, intellectual, emotional and spiritual growth and to satisfy his other human needs, individually and as a community; 2008sec1strel 2. Concerning the Movement as a Whole : a) to foster and maintain fellowship and goodwill, an atmosphere of harmony, cooperation and mutual understanding, a spirit of brotherhood, integrity and unity among its members and all those with whom the Foundation and its members may interact, and to inculcate in their minds and hearts the spirit of genuine concern for others and the ideals of justice, equity and fair play; b) to support, encourage, assist its members and to cooperate with others in the pursuit and realization of the objectives for which the foundation has been established; to create, promote and maintain a strong and healthy environment which shall provide proper nourishment for mind, body and soul; to sponsor and hold instructive and enriching workshops, conferences, seminars, social functions or other gatherings as means to achieve and fulfill the aims of the Foundation. On August 11, 2003, Petitioner's Certificate of Registration was revoked pursuant to the Order dated July 8, 2003 for non-compliance with the Commission's reportorial requirements. Such Order was published in a newspaper of general circulation on July 11, 2003. It now prays for the lifting of the Order of Revocation based on the following grounds: Its past officers were not sufficiently advised, and thus unaware of the Honorable Commission's reportorial requirements. Petitioner decided to continue and fully revive the activities (per its purposes and objectives) given that Couples for Christ Global Mission Foundation, Inc. Gawad Kalinga has veered away from the Charism of Couples for Christ. On July 30, 2007, Mr. Jose T. Tale, Chairman and President of Couples for Christ (CFC) Global Mission Foundation, Inc. wrote the Commission that the registration of herein petitioner was revoked on August 11, 2003 thus the same has no more corporate life. Mr. Tale registered his objection or opposition to any reinstatement of the Couples for Christ Foundation, Inc. or the use of same name or something similar or confusing to "Couples for Christ" and "CFC". To date, however, no temporary restraining order (TRO) nor injunction has been issued by the regular courts enjoining the revival of petitioner's corporate charter. Hence, in the absence of a TRO or injunctive writ, SEC, in the exercise of its ministerial function, has to give due course to a regular application for the setting aside of order of revocation. In support of its petition, Petitioner submitted the following documents, among others: 1. 2007 Mayor's Permit issued by the City of Antipolo; 2. 2007 Business license issued by the City of Antipolo; 3. 2007 Barangay Certifications of various cities and municipalities; 4. 2007 General Information Sheet; 5. 2007 various receipts; 6. Sources and Application of Funds certified by the President and Treasurer; and 7. 2006 Audited Financial Statements. Petitioner further alleges that it has no intention to violate the law and henceforth, commits to immediately pay the penalties due and religiously comply with the SEC reportorial requirements. It paid the penalty of Eleven Thousand Five Hundred Pesos (Php11,500.00), the amount assessed by the Law and Regulation Division of the Company Registration and Monitoring Department (CRMD), under O.R. No. 0130229 dated January 9, 2008. It appearing that petitioner herein has complied with the requirements for the lifting/setting aside of the Order of revocation and considering further that the grounds relied upon by herein petitioner are impressed with merit, the petition is hereby GRANTED. WHEREFORE, premises considered, the Order of Revocation of the Certificate of Registration of Couples for Christ Foundation, Inc. dated 8 July 2003 is hereby SET ASIDE subject to the condition that petitioner shall submit the Mayor's permit for the current year and comply with the SEC Memorandum Circular No. 8, Series of 2006. 1 particularly Sections 4 and 5 thereof within thirty (30) days from date of receipt of this Order. Otherwise, the instant Order shall be RECALLED. Let a copy of this Order be furnished the Company Registration and Monitoring Department (CRMD) for implementation and attachment to the corporate records of Petitioner on file with the Commission. The Economic Research and Information Department (ERID) is hereby directed to delete the name of Petitioner from the List of Revoked Corporations immediately upon receipt of this Order. SO ORDERED. Mandaluyong City. June 5, 2008. (SGD.) FE B. BARIN Chairperson MA. JUANITA E. CUETO Commissioner (SGD.) JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Revised Guidelines on Foundations dated June 22, 2006.