In re Lamb of God Foundation, Inc.

April 24, 2008 SEC EN BANC CASE NO. 02-08-0372 IN THE MATTER OF LAMB OF GOD FOUNDATION, INC. (SEC REG. NO. A1997-6462) , petitioner . RE : Setting Aside Order of Revocation O R D E R Petitioner Lamb of God Foundation, Incorporated is a non-stock corporation registered with the Commission on 15 May 1997. 1 The primary purpose of petitioner corporation is to educate, uplift and enhance religious values among jail inmates in Makati City Jail in particular, and all other jails in the country regardless of religious affiliations or sects; to promote and develop the welfare of inmates so that they will be productive while in detention and be effective members of society. . .; and to accept, solicit, and/or receive fees, contributions and donations . 2 Its office address, per its 2007 General Information Sheet, is located at 701 State Financing Center Bldg., Ortigas Avenue, Mandaluyong City. ITHADC On 15 March 2004, Petitioner's Certificate of Registration No. A1997-6462 was revoked pursuant to the SEC Order dated 10 February 2004 for non-compliance with the Commission's reportorial requirements. Said Order was published in a newspaper of general circulation on 14 February 2004. Petitioner now prays for the setting aside of the said Order of Revocation based on the following grounds: 1. "Since the Lamb of God Foundation, Inc. was registered with the SEC on May 15, 1997, it had dutifully and religiously performed its mandated functions and prosecuted (sic) the purposes for which it was created; and, 2. As of this date our foundation has more than 40 scholars enrolled in the different schools all over the country from first year High School to second Year College. The foundation is committed to the welfare and well-being of its members and their families. The continued education of our scholars brings hope to them and to their families. 3 In Support of the Petition, the Petitioner submitted the following: a) 2007 General Information Sheet (GIS); b) 2007 Audited Financial Statements; c) Income Tax Return for fiscal year 2006; d) Certification dated 14 February 2008, issued by Col. Ramon Reyes, Officer-in-Charge, Maximum Security Compound, Bureau of Corrections, NBP, Muntinlupa City, stating that the petitioner is an officially recognized organization that has undertaken the enumerated activities stated in the Certification within the Bureau of Corrections and that it has been a tremendous help to the Bureau in the latter's mission to develop and rehabilitate the inmates; e) Statement of Willingness to be Audited dated 19 February 2008 signed by Warren Zingapan in compliance with SEC Memorandum Circular No. 8, Series of 2006; f) 26 November 2007 issue of Manila Standard Today; SIaHTD g) Certification dated 22 October 2007 and its attached list stating the member-beneficiaries; h) Certification dated 22 October 2007 and its attached list stating the foundation's scholars as of School Year 2007; i) Brochure of Lamb of God Foundation, Inc.; j) October 2005 issue of Log Book, Official newsletter of Lamb of God Foundation, Inc.; and, k) September 2006 issue of Log Book, Official newsletter of Lamb of God Foundation, Inc. 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 Forty Thousand Pesos (Php40,000.00) as evidenced by Official Receipt No. 0145120 issued on 28 February 2008. TDCcAE WHEREFORE, premises considered, the Order of the Commission dated 10 February 2004 revoking the Certificate of Registration of LAMB OF GOD FOUNDATION, INCORPORATED is hereby SET ASIDE. A careful examination of the records submitted, however, would show that the current principal office of petitioner is different from that stated in the Articles of Incorporation, which is "Makati City". Further, the current number of eighteen (18) trustees, per the 2007 General Information Sheet, is more than that allowed by the Articles of Incorporation, which is eleven (11). In view of the discrepancies, petitioner is directed to amend its Articles of Incorporation. Lastly, petitioner is ordered to submit its 2008 Mayor's Permit since it is conducting activities which involve the public. Petitioner must file the abovementioned requirements within thirty (30) days from receipt of this order, failure on its part to comply with this directive shall cause the recall of the instant order. 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. 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. 2. Primary Purpose of Petitioner's Articles of Incorporation. 3. Petition to Lift Order of Revocation. Par. 3.