In the Matter of National Sandigan Foundation of the Philippines, Inc.
SEC En Banc Case No. 04-08-0439 (Order) • Securities and Exchange Commission • Commission En Banc • Feb 20, 2009
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February 20, 2009 SEC EN BANC CASE NO. 04-08-0439 IN THE MATTER OF NATIONAL SANDIGAN FOUNDATION OF THE PHILIPPINES, INC. SEC REGISTRATION NO. 0000067174 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner NATIONAL SANDIGAN FOUNDATION OF THE PHILIPPINES, INC. (formerly Archdiocese of Manila Sandigan Foundation, Inc.), is a non-stock corporation registered with the Commission on 22 April 1976, under SEC Registration No. 0000067174, with principal office address at Pope Pius XII Catholic Center 1175 U.N. Avenue, Manila, organized to create and maintain a non-profit, charitable, religious socio-economic and civic organization which will undertake projects for human, social and community development, as stated in the Articles of Incorporation. cEHITA On 11 August 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 08 July 2003, published on 11 July 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the said Order of Revocation dated 08 July 2003, on the following grounds: 1. that Petitioner has no intention to violate the law and any of the Commission's rules and regulations; 2. that Petitioner shall henceforth submit reportorial requirements religiously; and 3. that Petitioner intends to continue its registration with the Commission and the operation of its activities. In support of its Petition, Petitioner submitted the following documents: 1 1. Photocopy of the Certification by the Office of the City Mayor of Manila dated 26 June 2008, on the clearance to operate its business within Barangay 664, Zone 71, District V, Manila; 2. Photocopy of the Barangay Clearance by Barangay 664-A, Zone 71 District V of the City of Manila dated 23 June 2008. 3. Trustees' Certificate dated 23 April 2008, certifying that at the regular meeting of the Board of Trustees, held on 14 March 2008, at Arzobispado de Manila, Intramuros, Manila at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 4. Copy of the Newsletter (Vol. XIV, No. 1, 2007) published by the Petitioner; and 5. Photocopy of a Certificate of Membership issued by the Petitioner to its member Pat Cudala, dated 30 November 2006. TADCSE Petitioner submitted its 2008 GIS and 2007 FS to prove its intention to continue its registration with the Commission. It commits to immediately pay the fines as due. Petitioner was assessed a total fine of Sixty-One Thousand Five Hundred Pesos (Php61,500.00) for non-filing of the following reports, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2007 Financial Statements 1996-2006 Through a letter dated 30 April 2008, Petitioner requested for reduction of fines and for installment payments. Reduction was not allowed but Petitioner was allowed to pay in three monthly installments of Twenty One Thousand Five Hundred Pesos (Php21,500.00) for the first installment and Twenty Thousand Pesos (Php20,000.00) each for the second and third installment payments. On 13 October, 11 November and 10 December 2008, Petitioner paid the first (Php21,500.00), second (Php21,000.00) and third (Php19,000.00) installments under OR Nos. 0218748, 0231111 and 0237634, respectively. WHEREFORE, finding the submitted documents sufficient to establish Petitioner's intent to continue as a juridical entity, the Commission's Order dated 08 July 2003, revoking the Certificate of Registration of NATIONAL SANDIGAN FOUNDATION OF THE PHILIPPINES, INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, February 20, 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 1. Photocopies are faithful reproductions of the originals of the documents. CacTSI
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