In the Matter of Parish of the Alliance of Two Hearts, (Cebu) Foundation, Inc.
SEC En Banc Case No. 01-09-0598 (Order) • Securities and Exchange Commission • Commission En Banc • Feb 27, 2009
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February 27, 2009 SEC EN BANC CASE NO. 01-09-0598 IN THE MATTER OF PARISH OF THE ALLIANCE OF TWO HEARTS, (CEBU) FOUNDATION, INC. SEC REGISTRATION NO. CN96000096 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, PARISH OF THE ALLIANCE OF TWO HEARTS (CEBU) FOUNDATION, INC., is a non-stock corporation registered with the Commission on 20 March 1996, under SEC Registration No. CN96000096, with principal office address at Balay sa Kabataan-Parish of the Alliance of Two Hearts, Fortrich St. Banawa, Cebu City, organized to promote and encourage the socio-economic and religious advancement of the less fortunate members of the community in Cebu City, as stated in its Articles of Incorporation. cHITCS On 15 March 2004 its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 10 February 2004, published on 14 February 2004 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 10 February 2004, on the following grounds: 1. that the non-setting aside of the Order of Revocation would be prejudicial to the current enrollees of the Balay sa Kabataan and other beneficiaries of Petitioner; 2. that it has no intention to violate the law and any SEC rules and regulations; 3. that it is in operation since its incorporation in 1996; and 4. that it shall henceforth submit reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: * 1. Trustees' Certificate dated 1 August 2008 certifying that at the special meeting of the trustees, held on 19 May 2008, in Cebu City, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved; 2. Photocopies of Petitioner's 2006 and 2007 Annual Income Tax Returns, received by the BIR on April 13, 2007 and April 14, 2008, respectively; 3. Photocopies of Official Receipts issued by the Petitioner on various dates in 2006, 2007 and 2008; 4. Photocopy of a Certification dated 12 November 2008 issued by Rev. Fr. Jose Ma. S. Lim, Parish Priest, Alliance of Two Hearts, Horseshoe Drive, Banawa, Cebu City that Petitioner is the one responsible for the management of the "Balay sa Kabataan" the Pastoral Child Care Center of the Parish of the Alliance of Two Hearts; and CSIcHA 5. Various photographs highlighting Balay sa Kabataan's history and school activities since 1996. Petitioner submitted its 2008 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 14 May 2008, Petitioner paid the fine of Php12,000.00, the amount assessed by the Cebu Extension Office, under Official Receipt No. 5514322, for non/late filing of the following, on the years indicated hereunder: Not Filed Filed Late General Information Sheet 1997-2007 Financial Statements 1996-2007 Membership Book Filed late WHEREFORE, finding the Petition meritorious, the Order of the Commission dated 10 February 2004, revoking the Certificate of Registration of the PARISH OF THE ALLIANCE OF TWO HEARTS (CEBU) FOUNDATION, INC., is hereby SET ASIDE. However, Petitioner is directed to submit its 2009 Mayor's Permit within thirty (30) days from date of receipt hereof. Failure on the part of the Petitioner to submit the said permit within the aforementioned period shall cause the recall of this Order. SO ORDERED. Mandaluyong City, February 27, 2009. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner (SGD.) JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes * Photocopies are faithful reproductions of the originals of the documents.
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