In the Matter of Environmental Broadcast Circle Association, Inc.

March 6, 2009 SEC EN BANC CASE NO. 01-09-0607 IN THE MATTER OF ENVIRONMENTAL BROADCAST CIRCLE ASSOCIATION, INCORPORATED SEC REGISTRATION NO. ANO96-01513 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner ENVIRONMENTAL BROADCAST CIRCLE ASSOCIATION, INCORPORATED is a non-stock corporation registered with the Commission on 29 April 1996, under SEC Registration No. ANO96-01513, with principal office at 879 EDSA, Quezon City, organized to integrate environmental issues and concerns in broadcast media programming, as stated in its Articles of Incorporation. cCTIaS On 15 March 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 10 February 2004, published on 14 February 2004 in the Philippine Daily Inquirer, for non-filing of reports.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 Petitioner's officers were not aware of the negligence of the officer in charge of the submission of reports; 2. that Petitioner is operational and intends to continue its operation; and 3. that Petitioner has no intention to violate the law and any of the Commission's rules and regulations. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 23 September 2008 certifying that at the joint meeting of the members and the trustees, after due notice, held on 29 February 2008, at Richville Mansion Hotel, Mandaluyong City, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved, with Minutes of the Meeting; 2. Photocopy of the Certificate of Registration issued by the Bureau of Internal Revenue on 11 December 2007; and 3. Photocopy of the Mayor's Permit for the year 2008, City of Pasig, Metro Manila. 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 27 January 2009, Petitioner paid the fine of PhP11,500.00, under Official Receipt No. 0252281, for non/late filing of the following, on the years indicated hereunder: STcaDI Requirements Not Filed Filed Late General Information Sheet 1997-2007 2008 Financial Statements 1996-2006 2007 WHEREFORE, Petitioner's allegations that its officers were not aware of the negligence of the officer in charge of the submission of reports 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 corporation is bound by the said provision of the law and it cannot claim ignorance nor inadvertence as excuse from compliance therewith. Nevertheless, finding the submitted documents sufficient to establish Petitioner's intent to continue as a juridical entity, the Order of the Commission dated 10 February 2004, revoking the Certificate of Registration of ENVIRONMENTAL BROADCAST CIRCLE ASSOCIATION, INCORPORATED, is hereby SET ASIDE. However, the Petitioner is hereby directed to submit its 2009 Mayor's Permit within thirty (30) days from receipt of this Order. Failure on the part of the Petitioner to comply with this directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, March 6, 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 1. Photocopies are faithful reproductions of the originals of the documents. AaCEDS