In the Matter of Lorraine Technical School of Caloocan City, Inc.

March 12, 2009 SEC EN BANC CASE NO. 01-09-0611 IN THE MATTER OF LORRAINE TECHNICAL SCHOOL OF CALOOCAN CITY, INC. SEC REGISTRATION NO. 0000046742 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, LORRAINE TECHNICAL SCHOOL OF CALOOCAN CITY, INC., is a non-stock corporation registered with the Commission on 28 February 1972 under SEC Registration No. 0000046742, with principal office address at 184 Rizal Avenue Extension, Caloocan City, organized to operate a vocational school, as stated in its Articles of Incorporation. cSTHAC On 2 July 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 27 May 2003, published on 2 June 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 27 May 2003, on the following grounds: 1. that Petitioner's previous manager mishandled its operations resulting to unpaid rentals, labor problems and non-compliance with the Commission's reportorial requirements; 2. that Petitioner has no intention to violate the law and any SEC rules and regulations; and 3. that Petitioner intends to continue its operation. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 22 July 2008, certifying that at a special joint meeting, held on 15 July 2008, at 184 Genato Bldg., Rizal Avenue Extension, Caloocan City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopies of Petitioner's 1980 to 2008 Mayor's Permit, City of Caloocan; 3. Photocopies of Petitioner's 1995, 1996, 1999, 2002 and 2007 Annual Income Tax Return, with accompanying audited financial statements; 4. Photocopies of Technical Education and Skills Development Authority (TESDA) Certificates of TVET Program Registration dated 20 June 2007, with attached program's unit of competency, granting authority to offer the various vocational courses contained therein; and IHSTDE 5. Photocopies of Petitioner's Government Recognition-Kagawaran ng Edukasyon, Kultura at Isports, for various vocational courses, issued on various dates covering the years 1970, 1971, 1973, 1974, 1975, 1977, 1985 and 1994. 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 30 January 2009, Petitioner paid the fine of P34,250.00, under Official Receipt No. 0252569, for non/late filing/registration of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1997-2007 1996 Financial Statements 1997-2006 1996, 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its previous manager mishandled its operations resulting to the non-compliance with 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. Petitioner is bound by the said provision of the law and it cannot claim negligence as excuse from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operation since incorporation, and its intent to continue as a juridical entity, the Order of the Commission dated 27 May 2003, revoking the Certificate of Registration of the LORRAINE TECHNICAL SCHOOL OF CALOOCAN CITY, INC. is hereby SET ASIDE. Further, 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. SO ORDERED. Mandaluyong City. March 12, 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.