In re Leganes Operators & Drivers Association, Inc.

March 10, 2008 SEC EN BANC CASE NO. 03-07-0031 (SEC Iloilo Extension Office) IN THE MATTER OF LEGANES OPERATORS & DRIVERS ASSOCIATION, INCORPORATED, (SEC REG. NO. ENO93000078), petitioner . FOR: LIFTING OF ORDER OF REVOCATION O R D E R Petitioner Leganes Operators & Drivers Association, Incorporated ("Petitioner") is a non-stock corporation registered with the Commission on March 2, 1993 under SEC Reg. No. ENO93000078 with principal office at Brgy. Tagbak, Jaro, Iloilo City, Philippines. It was established to operate the jeepney operators and drivers association in the area for the following purposes, among others: 1. To collectively organize all professional and non-professional drivers of motor vehicles in the District of Jaro, City of Iloilo and Leganes, Iloilo for their mutual interests and protection and in order to secure their moral, intellectual and material upliftment. 2. To foster complete brotherhood and utmost cooperation among its members by eliminating competition among its members particularly in the making of trips and picking up of passengers. On November 3, 2003, Petitioner's Certificate of Registration was revoked pursuant to the Order dated September 30, 2003 for non-compliance with the Commission's reportorial requirements. Such order was published in a newspaper of general circulation on October 4, 2003. It now prays for the lifting of the Order of Revocation based on the following grounds: 1. petitioner conducted its business but the members of the board did not conduct its meetings due to internal problems particularly financial in nature; and 2. its Corporate Secretary overlooked the filing of the SEC reports from 1996 to present, a factor beyond the control of the Board of Trustees, officers and members of the association. The grounds relied upon by petitioner in seeking the reconsideration of the Order of Revocation coupled with the fact that it is a non-stock jeepney drivers and operators association are thus justifiable. In support of its petition, Petitioner submitted the following documents, among others: a) Barangay Clearance Certificate issued by Barangay Tagbac, Jaro, Iloilo City dated June 18, 2007; b) letter dated October 8, 2003 of City Counselor Kgd. Marmond S. Parcon of Sanggunian Panlungsod of Iloilo City requesting the association's representatives to a Public Hearing on the Proposed Ordinance Establishing the New Routes Operations of Provincial Public Utility Jeepneys Entering the city of Iloilo Providing Penalties therefor; c) letter of Mayor Enrique M. Rojas of the Municipality of Leganes, Province of Iloilo requesting the association's President to attend the meeting of the Municipal Peace and Order Council. TAcDHS Petitioner further alleges that if has no intention to violate the law and henceforth commits to immediately pay the penalties due and religiously comply with the SEC reportorial requirements. It also paid the penalty of Seven Thousand Six Hundred Pesos (Php7,600.00), the amount assessed by the Law and Regulation Division of the Company Registration and Monitoring Department (CRMD) under O.R. No. 5465000 dated March 15, 2007. WHEREFORE, premises considered, the Order of Revocation dated September 30, 2003 of Leganes Operators & Drivers Association, Incorporated is hereby SET ASIDE. Let a copy of this Order be furnished the Company Registration and Monitoring Department (CRMD) for implementation and attachment to the corporate records of Petitioner on file with the Commission. The Economic Research and Information Department (ERID) is hereby directed to delete the name of Petitioner from the List of Revoked Corporations immediately upon receipt of this Order. SO ORDERED. Mandaluyong City. March 10, 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