In the Matter of Sta. Maria Malolos Super Jeepney Drivers Assn., Inc.

January 30, 2009 SEC EN BANC CASE NO. 03-07-0032 IN THE MATTER OF STA. MARIA MALOLOS SUPER JEEPNEY DRIVERS ASSN., (SMSDA) INC. SEC REGISTRATION NO. A199711554 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, STA. MARIA MALOLOS SUPER JEEPNEY DRIVERS ASSN., (SMSDA) INC., is a non-stock corporation registered with the Commission on 17 June 1997, under SEC Registration No. A199711554, with principal office address at Sta. Maria, Bulacan. AIDTSE On 15 March 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 10 February 2004, published on 14 February 2004 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 10 February 2004 on the following grounds: 1. that it is fully operational within the ply route of Sta. Maria-Malolos via the North Luzon Expressway; 2. that it services commuters and regular passengers, predominantly students of Bulacan State University; 3. that it has no intention to violate the law or any SEC rules and regulations; and 4. that it shall henceforth submit reports religiously; In support of its Petition, Petitioner submitted the following documents: * 1. Trustees Certificate dated 24 February 2007 certifying that at the meeting of the Board of Trustees' held on even date, in Sta. Maria Bulacan, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved; 2. Certificate of Accreditation dated 21 May 2007, signed by Russel G. Pleyto, Municipal Vice-Mayor of Sta. Maria, Bulacan recognizing the Petitioner as an accredited (NGO/POs/PS) of said Municipality; 3. Photocopy of Petitioner's Certification dated 8 August 2007 issued by the Land Transportation Franchising and Regulatory Board (LTFRB) Regional Office No. III that the franchises of the operator-members of the Petitioner are valid and existing; 4. Minutes of the 142nd meeting of the Municipal Council of Sta. Maria, Bulacan dated 21 May 2007 signed by Benito C. Fabian, Municipal Councilor of Sta. Maria and attested to by Russel G. Pleyto, Municipal Vice-Mayor of Sta. Maria, Bulacan, authorizing Petitioner to secure the necessary Mayor's Permit from the Municipality of Sta. Maria, Province of Bulacan; and 5. Photocopy of Petitioner's Bureau of Internal Revenue Certificate of Registration dated January 9, 2007. Petitioner submitted its 2007 General Information Sheet and 2006 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines as due. HDCAaS On 19 April 2007, Petitioner paid the fine of Php9,000.00, under Official Receipt No. 0051284, for non filing of the following, on the years indicated hereunder: Not Filed Filed Late General Information Sheet 1996-2006 Financial Statements 1997-2005 WHEREFORE, finding the Petition meritorious, the Order of the Commission dated 10 February 2004 revoking the Certificate of Registration of STA. MARIA MALOLOS SUPER JEEPNEY DRIVERS ASSN., (SMSDA) INC., is hereby SET ASIDE. However, Petitioner is directed to submit its 2008 and 2009 Mayor's Permit within thirty days (30) from date of receipt hereof. Failure on its part to comply with the said directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, January 30, 2009. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner on leave JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes * Photocopies are faithful reproductions of the originals of the documents. CHIScD