In the Matter of Xavier High School, Inc.

February 27, 2009 SEC EN BANC CASE NO. 02-09-0614 IN THE MATTER OF XAVIER HIGH SCHOOL, INC. SEC REGISTRATION NO. 0000003991 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, XAVIER HIGH SCHOOL, INC., is a non-stock corporation registered with the Commission on November 5, 1948, 1 under SEC Registration No. 0000003991, with principal office address at Initao, Misamis Oriental, organized to operate an education institution, as stated in its Articles of Incorporation. DCAEcS On May 26, 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated April 22, 2003, published on April 25, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated April 22, 2003, on the following grounds: 1. that major school activities are being undertaken by Petitioner; 2. that it has no intention to violate the law and any of the Commission's rules and regulations; and 3. that it commits to submit the reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 2 1. Trustees' Certificate dated July 24, 2008, certifying that at the special meeting of the members and the trustees', held on July 5, 2008, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of the 2008 Mayor's Permit, Municipality of Initao, Misamis Oriental; 3. Photocopy of Petitioner's Minutes of the Meeting held on July 5, 2008; 4. Photocopies of Petitioner's Official Receipts issued to various individual on different dates in 2008. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On August 6, 2008, Petitioner paid the fine of P12,000.00, the amount assessed by the SEC-Cagayan de Oro Extension Office, under Official Receipt No. 05517507, for non-filing of the following, on the years indicated hereunder: aAEIHC NOT FILED FILED LATE General Information Sheet 1996-2007 Financial Statements 1996-2007 WHEREFORE, notwithstanding the failure of the Petitioner to substantiate its allegation that it has undertaken major school activities, we find the submitted documents sufficient to establish, Petitioner's current operation, and, its intent to continue as a juridical entity. Thus, the Order of the Commission dated April 22, 2003, revoking the Certificate of Registration of XAVIER HIGH SCHOOL, INC., is hereby SET ASIDE. However, Petitioner is directed to submit favorable endorsement from the Commission on Higher Education, Technical Education and Skills Development Authority and Department of Education within thirty (30) days from receipt of this Order. Failure to comply with this directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, February 27, 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. No provision for term of existence in the Articles of Incorporation, hence, to exist for Fifty (50) years from and after May 1, 1980, the effectivity of the Corporation Code of the Philippines. HCTAEc 2. Photocopies are faithful reproductions of the originals of the documents.