In the Matter of CA-EW, Binokong-Amalgamated, Mankayan, Benguet Dwellers Association, Inc.

January 15, 2009 SEC EN BANC CASE NO. 05-08-0470F IN THE MATTER OF CA-EW, BINOKONG-AMALGAMATED, MANKAYAN, BENGUET DWELLERS ASSOCIATION, INC. SEC REGISTRATION NO. 0000097363 FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, CA-EW, BINOKONG-AMALGAMATED, MANKAYAN, BENGUET DWELLERS ASSOCIATION, INC., is a non-stock corporation registered with the Commission on February 10, 1981 under SEC Registration No. 0000097363, with principal office address at Guinaoang, Mankayan, Benguet, organized to assist the members in claiming titles to lands and existing rights, as stated in its Articles of Incorporation. On August 11, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated July 08, 2003 which was published on July 11, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated July 08, 2003, on the following grounds: 1. that the rights of members as ancestral landowners will be greatly prejudiced should the Order of Revocation is n not set aside; 2. that there is an on-going negotiation with National ICT Certification Program, mining explorers, the Department of Environment and Natural Resources and local officials of Makayan, Benguet for the exploration and continuation of mining activities in the area, which is necessary for the resumption of operation of the Petitioner; and 3. that the Petitioner has not been in operation for quite sometime now because of the failed agreement with business partners, however there is a bright prospect to resume the failed negotiations between Petitioner, its business partners and other agencies because of the changing conditions, business climate and mode of the times which necessitated the resumption of business operation. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated May 06, 2008, certifying that at the special joint meeting of members and trustees held on the same date at Ca-ew, Mankayan, Benguet, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Copies of letters dated January 28, 2008 and October 12, 2007 addressed to Crescent Mining & Development Corporation enforcing Petitioner's claims over an Option Agreement with Mankayan Mineral Development Company, Inc.; 3. Photocopy of Option Agreement and Operating Contract dated June 25, 1970 with Mankayan Mineral Development Co., for the development and operation of mineral claims over the Petitioner's mineral lands; 4. Photocopy of Mineral Production Sharing Agreement between the government and Crescent Mining and Development Corporation dated November 12, 1996, where the Petitioner claims to be a part thereof by virtue of the June 25, 1970 Option Agreement; and 5. Copy of Minutes of Special Meeting held on May 10, 1981 at Mankaya, Benguet, where it was resolved to request Hercules Minerals and Oils, Inc. with which the Petitioner entered into a Memorandum of Agreement to increase the percentage on royalties due to the members of Petitioner. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. Petitioner also manifested that it has no intention to violate the law and commits to immediately pay the fine as due. On May 23, 2008, Petitioner paid the fine of PhP5,350.00, the amount assessed by the Baguio Extension Office of the Commission, under O.R. No. 5510777, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2007 Financial Statements 1996-2006 2007 WHEREFORE, while continuous in operation for at least five (5) years is a ground for the revocation of Certificate of Registration, finding the documents submitted sufficient to establish the Petitioner's intent to continue as a juridical entity, the Order of the Commission dated July 08, 2003, revoking the Certificate of Registration of CA-EW BINOKONG-AMALGAMATED, MANKAYAN, BENGUET DWELLERS ASSOCIATION, INC., is hereby SET ASIDE. However, Petitioner is hereby directed to submit its 2009 Mayor's Permit within thirty (30) days and proofs of actual commercial operations not later than six (6) months after receipt of this Order. Failure on the part of Petitioner to comply with this directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, January 15, 2009. (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. n Note from the Publisher: Copied verbatim from the official document.