In the Matter of Divine Presence Full Gospel Christian Church, Inc.

February 20, 2009 SEC EN BANC CASE NO. 01-09-0605 IN THE MATTER OF DIVINE PRESENCE FULL GOSPEL CHRISTIAN CHURCH, INC. SEC REGISTRATION NO. A199907063 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, DIVINE PRESENCE FULL GOSPEL CHRISTIAN CHURCH, INC., is a non-stock corporation registered with the Commission on May 19, 1999, under SEC Registration No. A199907063, with principal office address at No. 0451, Barangay Sirang Lupa, Calamba, Laguna, organized as a religious society, as stated in its Articles of Incorporation. HCSDca On December 1, 2005, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated October 25, 2005, published on October 28, 2005 in the Philippine Daily Inquirer, for non-filing of reports.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, 2005, on the following grounds: 1. that its non-filing of the reports is not willful and deliberate but due to mere inadvertence; 2. that its members desire to continue the existence of the church; 3. that it has no intention to violate the law and any SEC rules and regulations; and 4. that it shall henceforth submit reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated September 17, 2008, certifying that at the regular meeting of the members and the trustees held on September 6, 2008, at its principal office address, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Barangay Certificate dated December 16, 2008, Barangay Sirang Lupa, Calamba City, Laguna as to Petitioner's presence in the barangay since year 1999; 3. Certificate of Membership of Pastora Belen Fraginal, dated November 28, 2008, issued by the Calamba Pastors' Association; 4. Affidavit of No Business Permit executed by Belen B. Fraginal with attached Application Form for business and Certificate of Inspection, explaining the basis for the non-submission of the Business Permit by Petitioner; 5. Photos of Petitioner's activities taken on various dates in 2007 and 2008. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On January 16, 2009, Petitioner paid the fine of P24,750.00, under Official Receipt No. 0245315, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 2000-2007 Financial Statements 1999-2006 2007 WHEREFORE, Petitioner's allegation that its non-filing of reports is not willful and deliberate but due to mere inadvertence is without merit. Petitioner should have been responsible in ascertaining that the Commission's reportorial requirements are complied. The contention is inexcusable because the ultimate obligation to comply with the reports is with the Petitioner itself. HCacDE Nevertheless, finding the submitted documents sufficient to establish Petitioner's operation and its intent to continue as a juridical entity, the Order of the Commission dated October 25, 2005 revoking the Certificate of Registration of DIVINE PRESENCE FULL GOSPEL CHRISTIAN CHURCH, INC., is hereby SET ASIDE. Further, Petitioner is directed to submit its 2009 Mayor's Permit or a "Statement or Certification" as to the non-requirement of the same, from the city government of Calamba, within ninety (90) days from the issuance of this Order. Failure on the part of the Petitioner to comply with the directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, February 20, 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 compared with the original of the documents. aTIAES