In re Albuera Private High School, Inc.

November 24, 2008 SEC EN BANC CASE NO. 04-08-0437 IN THE MATTER OF ALBUERA PRIVATE HIGH SCHOOL, INC. SEC REGISTRATION NO. 0000028339 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, ALBUERA PRIVATE HIGH SCHOOL, INC., is a non-stock corporation registered with the Commission on 20 December 1965, under SEC Registration No. 0000028339, with principal office at Albuera, Leyte. EaIDAT On 26 May 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 22 April 2003, published on 25 April 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 22 April 2003, on the following grounds: 1. that it exists to provide continuous secondary education; 2. that it has no intention to violate the law and any SEC rules and regulations; 3. that it commits to submit reportorial requirements religiously; and 4. that it intends to continue its registration with the Commission and the operation of its business. In support of its Petition, Petitioner submitted the following documents: * 1. Trustees' Certificate dated 14 March 2008 certifying that at the annual meeting of the members of the Board of Trustees, held on 10 March 2008, in Albuera, Leyte, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved; 2. Photocopy of its 2008 Mayor's Permit, Albuera, Leyte; 3. Photocopy of 2007 Annual Income Tax Return; 4. Class picture for the school year 2007-2008; and 5. Photograph of Petitioner's Certificate of Government Recognition dated 30 May 1967, issued by the Department of Education for the Complete Secondary Course (Day) under the 2-2 Plan. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines as due. ESaITA On 2 April, 2008, Petitioner paid the fine of Php11,500.00, the amount assessed by the SEC-Cebu Extension Office, under Official Receipt No. 5503517, for non-filing of the following, on the years indicated hereunder: Requirements Not Filed Filed Late General Information Sheet 1996-2007 Financial Statements 1996-2006 Membership Book Registered late WHEREFORE, finding the submitted documents sufficient to establish Petitioner's intent to continue as a going concern entity, the Order of the Commission dated 22 April 2003, revoking the Certificate of Registration of the ALBUERA PRIVATE HIGH SCHOOL, INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, November 24, 2008. (SGD.) FE B. BARIN Chairperson on leave MA. JUANITA E. CUETO Commissioner (SGD.) 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. TAIESD