In the Matter of Lord of Divine Mercy Parish Foundation (Quezon City), Inc.

January 30, 2009 SEC EN BANC CASE NO. 01-09-0590 IN THE MATTER OF LORD OF DIVINE MERCY PARISH FOUNDATION (QUEZON CITY), INC. SEC REGISTRATION NO. ANO94-00004440 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, LORD OF DIVINE MERCY PARISH FOUNDATION (QUEZON CITY), INC., is a non-stock corporation registered with the Commission on 22 November 1994 under SEC Registration No. ANO94-00004440, with principal office address at Maamo cor. Madasalin Streets, Sikatuna Village, Quezon City, as stated in its Articles of Incorporation. SacTAC On 3 November 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 30 September 2003, published on 4 October 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 30 September 2003, on the following grounds: 1. that Petitioner's officers believed in good faith that they were exempt from the submission of the Commission's reportorial requirements on the basis that it is a non-stock and non-profit organization and that it did not receive a formal notice of the Order of Revocation; 2. that Petitioner has on-going scholarship programs, parent formation, consultative meetings, livelihood programs and social services which will be affected if the Order of Revocation is not set aside; and 3. that petitioner has no intention to violate the law and any SEC rules and regulations, and that it intends to continue its operations. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 20 October 2008, certifying that at a special joint meeting, held on 18 June 2006, held at Saint Faustina Hall of the Parish of the Lord of Divine Mercy Annex, Maamo cor. Madasalin Streets, Sikatuna Village, Quezon City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Copy of Certification dated 23 April 2008, Tanggapan ng Punong Barangay, Sikatuna Village, Quezon City, that Petitioner has been rendering social services and outreach programs since 1994; 3. Copy of Certification dated 23 April 2008, Parish of the Lord of Divine Mercy, that Petitioner has been conducting social services and outreach programs in the said parish, which consists of eight barangays, since 1994, with a list of the scholars in the Barangay Sikatuna Learning Center, Quirino Elementary School and Malaya Elementary School; TaDSCA 4. Copy of St. Joseph Catholic School Certification dated 26 October 2006, that Petitioner has 5 scholars enrolled for the School Year 2006-2007 and that it has been sending scholars to the said school since 1995. Petitioner submitted its 2007 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. On 6 January 2009, Petitioner paid the fine of P50,000.00, under Official Receipt No. 0243737, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2004 2005-2006 Financial Statements 1996-2004 2005-2006 WHEREFORE, Petitioner's allegation that its officers believed in good faith that they were totally exempt from the filing of the Commission's reportorial requirements is without merit considering that Section 141 of the Corporation Code of the Philippines requires corporations to submit an annual report of its operations and such other requirements as the Commission may require. The law did not distinguish whether it is stock or non-stock, therefore, the petitioner is bound by the said provision of the law and it cannot claim negligence or good faith as excuse from compliance therewith. Further, Petitioner's allegation that it did not receive a formal notice of revocation, is also without merit, considering the Order dated 30 September 2003 was published in the Philippine Daily Inquirer on 4 October 2003. Pursuant to SEC Memorandum Circular No. 4 Series of 2003, which states that in cases where the Commission may deem practicable considering the great number or unknown addresses of corporations involved, the show cause order shall be published once in a newspaper of general circulation. Publication in a newspaper of general circulation is sufficient notice for the corporations concerned. HOWEVER, finding the submitted documents sufficient to establish Petitioner's operation since 1994 to present, and its intent to continue as a juridical entity, the Order of the Commission dated 30 September 2003, revoking the Certificate of Registration of the LORD OF DIVINE MERCY PARISH FOUNDATION (QUEZON CITY), INC., is hereby SET ASIDE. Moreover, the Petitioner is hereby directed to submit its 2009 Mayor's Permit within thirty (30) days from date of receipt of this Order. Failure on the part of the Petitioner to comply with the directive shall cause the recall of this Order. DaHSIT SO ORDERED. Mandaluyong City, January 30, 2009. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner on leave JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Photocopies are faithful reproductions of the originals of the documents.