In re Shiloh Christian School, Inc.

December 24, 2008 SEC EN BANC CASE NO. 05-08-0470-J IN THE MATTER OF SHILOH CHRISTIAN SCHOOL, INC. SEC REGISTRATION NO. EN091001733 RE : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, SHILOH CHRISTIAN SCHOOL, INC., is a non-stock corporation registered with the Commission on May 10, 1991 under SEC Registration No. EN091001733, with office address at Doa Juliana Drive, Doa Juliana Subd., Bacolod City, organized to operate an institution of learning in pre-school and elementary levels. On September 30, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated November 03, 2003 which was published on October 04, 2003 in the Philippine Daily Inquirer for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated November 03, 2003, on the following grounds: 1. that the failure of the Petitioner to comply with the reportorial requirements was due to inadvertence of the personnel tasked to submit said reports; 2. that continuous registration with the Commission is essential to the conduct of its business operations; and 3. it has no intention to violate the laws or SEC rules and regulations. IHaCDE In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated May 28, 2008, certifying that at the regular joint meeting of members and trustees held on December 15, 2007, at Doa Juliana Drive, Bacolod City at which a quorum was present, the resolution allowing the filing of Petition to Set Aside the Order of Revocation was unanimously approved; 2. Photocopy of Income Tax Return for the calendar year 2007, received by the Bureau of Internal Revenue on April 11, 2008; 3. Photocopy of 2008 Mayor's Permit, Bacolod City; 4. Photocopy of Savings Account No. 1-421-10130-9 with the Rizal Commercial Banking Corporation, Bacolod; and CAScIH 5. Photocopy of Government Recognition for First Year to Fourth Year, given May 06, 2005 by Region VI-Western Visayas, Department of Education. Petitioner submitted its 2007 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. On May 29, 2008, the Petitioner paid the fine of PhP20,625.00, the amount assessed by the Iloilo Extension Office of the Commission, under O.R. No. 5508510, for non/late filing of the following, on the years indicated hereunder: cCTAIE REQUIREMENTS NOT FILED FILED LATE General Information Sheet 2004-2006 Financial Statements 2003-2006 2007 WHEREFORE, Petitioner's allegation that its failure to file the Commission's reportorial requirements was unintentional 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 nor inadvertence as excuse from compliance therewith. However, finding the submitted documents sufficient to establish that Petitioner has been operating since 2005 to present and, its intent to continue as a juridical entity, the Order of the Commission dated November 03, 2003 revoking the Certificate of Registration of SHILOH CHRISTIAN SCHOOL, INC., is hereby SET ASIDE. THIECD Nevertheless, the Petitioner is hereby directed to file its application for the amendment of its Articles of Incorporation (changing its purpose of providing courses of study only in pre-school elementary to pre-school high school) and to submit a favorable endorsement from the Department of Education, within sixty (60) days from the date of receipt of this Order. Failure on the part of the Petitioner to comply with the directive shall cause the recall of this Order. SO ORDERED. CAIHaE 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.