In the Matter of Batangas Province Chamber of Commerce and Industry, Inc.
SEC EN Banc Case No. 01-08-0329 (Order) • Securities and Exchange Commission • Commission En Banc • Oct 31, 2008
Full text
October 31, 2008 SEC EN BANC CASE NO. 01-08-0329 IN THE MATTER OF BATANGAS PROVINCE CHAMBER OF COMMERCE AND INDUSTRY, INC., SEC REGISTRATION NO. AN094-000158 , petitioner. FOR: SETTING ASIDE THE ORDER OF REVOCATION OF THE CERTIFICATE OF REGISTRATION O R D E R Petitioner BATANGAS PROVINCE CHAMBER OF COMMERCE AND INDUSTRY, INC., is a non-stock corporation registered with the Commission on 13 January 1994, under SEC Registration No. AN094-000158, with principal office at P. Burgos St., Batangas City, organized to advance trade, industry and agriculture through private business sector initiative, as stated in the Articles of Incorporation. On 03 November 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 30 September 2003, published on 04 October 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the said Order of Revocation dated 30 September 2003, on the following grounds: IEHaSc 1. that Petitioner is now a very active organization recognized by the government as a member of the Provincial and Regional Development Council, the Small and Medium Enterprises Development Council (SMED), the Bids and Awards Committees of the Provincial Government, the National Food Authority, the Batangas City Water District, the Batangas State University and other government offices where private sector participation is essential under the law; 2. that it sits at the Batangas Tripartite Industrial Peace Council and the Tripartite Monitoring Team of the group overseeing if the Power Plants in Batangas conform to the local environmental laws; 3. that it has ongoing projects entitled "Promoting Regional Opportunities for Enterprise and Livelihood Development" and the "Installation of Responsible Parenthood and Family Welfare Program in the Workplace" for Ten Selected Firms under the program by the United States Agency for International Developments (USAID); and 4. that it gets the support and recognition of the national and local government and quasi-government organizations that rely on its participation and presence. ACaTIc In support of its Petition, Petitioner submitted the following documents: 1 1. Photocopy of the 2008 Mayor's Permit, Municipality of San Pascual, Batangas; 2. Trustees' Certificate dated 14 January 2008, certifying that at the regular meeting of the members and the Board of Trustees, held on 18 October 2007, at Hotel Pontefino, Batangas City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 3. Photocopies of correspondences issued by different local and national agencies, offices, and organizations on various dates in the years 2001, 2002, 2005 to 2008; 4. Photocopies of the Minutes of the Board of Trustees' Meetings held on various dates in the year 2007 at the Hotel PonteFino, Batangas City; CEaDAc 5. Promotional leaflets to entice membership; and 6. Newsletters issued on various dates in the years 2004, 2006 and 2007. Petitioner submitted its 2007 General Information Sheet and 2007 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 that it commits to immediately pay the fines due. On 15 January 2008, Petitioner paid the fines of Php10,500.00 under OR No. 0130716, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2004, 2006 Financial Statements 1996-2005 Membership Book Registered late WHEREFORE, finding the Petition meritorious, the Order of the Commission dated 30 September 2003, revoking the Certificate of Registration of BATANGAS PROVINCE CHAMBER OF COMMERCE AND INDUSTRY, Inc., is hereby SET ASIDE. ScTaEA SO ORDERED. Mandaluyong City, October 31, 2008. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner (SGD.) JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (on leave) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Photocopies are verified against the original of the documents.
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