In re Community Formation Corp.

April 24, 2008 SEC EN BANC CASE NO. 02-08-0370 IN THE MATTER OF COMMUNITY FORMATION CORPORATION (SEC REG. NO. 43867) , petitioner . FOR : Setting Aside of the Order of Revocation of Certificate of Registration O R D E R Petitioner Community Formation Corporation is a non-stock corporation registered with the Commission on 13 April 1971 1 with the following purposes: EHCDSI 1. to provide a community formation center and other adequate facilities for the convenient promotion and coordination of programs intended for the progress of the nation with special reference to the peoples of Northwestern Mindanao; 2. to promote the Christian belief that progress consists in human development; 3. to develop people based on the principle that mankind's potential can only be fully realized by becoming one people with Christ under fatherhood of God; and 4. to encourage, assist, and facilitate the formation of the Christian Community by the coordination and promotion of programs in different areas. 2 Petitioner's principal office address is located at Community Formation Center building, Cathedral Plaza, Ozamiz City, Philippines. On 02 July 2003, Petitioner's Certificate of Registration No. 43867 was revoked pursuant to the Order dated 27 May 2003 for non-compliance with the Commission's reportorial requirements. Said Order was published in a newspaper of general circulation on 02 June 2003. Petitioner now prays for the setting aside of the said Order of Revocation based on the following grounds: 1. that the petitioner was not aware of the revocation of its Certificate of Registration; 2. that despite the revocation it transacted business and was in continuous operation; 3. that upon knowing its revocation the petitioner decided to re-acquire its legal personality to be able to legally continue its operation and to legally provide community formation through formation of the Christian community by the coordination and promotion of its programs, thus, offering values formation to Christian communities in the Zamboanga peninsula, teaching them the means and skills for a better quality of life and providing livelihood to its workers; and 4. that it is deemed necessary for the Petitioner to be duly accredited and registered with the Commission as an organized non-stock corporation to facilitate the attainment of its defined objectives and purposes. IcESDA In support of its Petition, Petitioner submitted its 2007 General Information Sheet (GIS) and 2007 Audited Financial Statement. Petitioner also submitted, as proof of its continued operation, the following documents: a) Copies of payroll issued by the petitioner to its employees; b) Year-end report of the petitioner as to the activities of the corporation; c) 2007 Income Tax Return; d) Certificate of registration from the Bureau of Internal Revenue (BIR); and e) 2007 Business Permit f) Copy of the Notice to the Public given by the Bureau of Internal Revenue as required by law to issue Official Receipt. Petitioner further alleges that it has no intention to violate the law and any SEC rules and regulations and henceforth, commits to comply with the rules and regulations of the Commission regarding the submission of reports. It has also paid in full the penalty amounting to Sixty Thousand Five Hundred Pesos (Php60,500.00) as evidenced by Official Receipt No. 0137866 dated 13 February 2008. Consistent with its undertaking, Petitioner is hereby directed to submit a Mayor's Permit for 2008 within thirty (30) days from date of receipt of this Order. Failure on the part of Petitioner to comply with this directive shall cause the recall of this instant Order. WHEREFORE, premises considered, the Order of the Commission dated 20 August 2003 revoking the Certificate of Registration of Community Formation Corporation is hereby SET ASIDE. Let a copy of this Order be furnished the Company Registration and Monitoring Department (CRMD) and the Economic Research and Information Department (ERID) of this Commission for their appropriate action. aHTCIc SO ORDERED. Mandaluyong City, April 24, 2008. (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. Certificate of Registration of Petitioner. CDHaET 2. Articles of Incorporation of Petitioner, Second Article.