In re Missionari Della Fede Community Learning Center, Inc.

December 24, 2008 SEC EN BANC CASE NO. 05-08-0470-H IN THE MATTER OF MISSIONARI DELLA FEDE COMMUNITY LEARNING CENTER INC. SEC REGISTRATION NO. ANO91198794 RE : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, MISSIONARI DELLA FEDE COMMUNITY/LEARNING CENTER INC., is a non-stock corporation registered with the Commission on December 04, 1991 under SEC Registration No. ANO91198794, with principal office address at 11 Quirino Street, Victoria, Laguna, organized to offer pre-elementary and elementary courses, as stated in its Articles of Incorporation. HCaEAT On September 29, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated August 20, 2003 which was published on August 28, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated August 20, 2003, on the following grounds: 1. that Petitioner is in actual and continuous operation since its incorporation up to present; 2. that its previous officers were not aware of the Commission's reportorial requirements; 3. that the finality of the revocation Order will prejudice the students and other entities transacting with Petitioner. In support of its Petition, Petitioner submitted the following documents: 1 1. Amended Trustees' Certificate dated January 10, 2008, certifying that at the special joint meeting of members and trustees held on January 08, 2008, at 11 Quirino St. Victoria, Laguna, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Photocopies of 1993 to 2008 "Pambayang Pahintulot", Victoria, Laguna; 3. Photocopies of Reports on Promotions (Department of Education) from the year 1997 to 2008 signed by the Principal of Petitioner; 4. Photocopies of 1993 to 2008 Annual Programs; 5. Photocopy of Certificate of Registration of Business Name dated October 30, 1996, Department of Trade and Industry; and 6. Photocopy of Clippings of the School Organ of Petitioner for the year 1992 and 2000. acEHCD Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also manifested that it has no intention to violate the law and that it commits to immediately pay the fines as due. On May 23, 2008, the Petitioner paid the fine of PhP12,000.00, 2 under O.R. No. 0168916, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2007 2008 Financial Statements 1996-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its failure to file the Commission's reportorial requirements was due to the lack of knowledge of the officers is without merit. Section 141 of the Corporation Code of the Philippines requires corporations to submit an annual report of its operations and such other requirements as the Commission may require. The corporation is bound by the said provision of the law and it cannot claim ignorance as excuse from compliance therewith. However, finding the submitted documents sufficient to establish that Petitioner has been operating since 1993 despite non-filing of reports and, its intent to continue as a juridical entity, the Order of the Commission dated August 20, 2003, revoking the Certificate of Registration of MISSIONARI DELLA FEDE COMMUNITY LEARNING CENTER, INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, December 24, 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 Footnotes 1. Photocopies are faithful reproductions of the originals of the documents. 2. O.R. includes payment for late registration of Membership Book (PhP500.00).