In re Matutum View Baptist Church, Inc.

November 19, 2008 SEC EN BANC CASE NO. 06-08-0470-K IN THE MATTER OF MATUTUM VIEW BAPTIST CHURCH, INC. SEC REGISTRATION NO. DEO0003457 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, MATUTUM VIEW BAPTIST CHURCH, INC. is a non-stock corporation registered with the Commission on January 8, 1990, under SEC Registration No. DEO0003457, with principal office address at Dole Cannery, Polomolok, South Cotabato. HACaSc On September 29, 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated August 20, 2003, published on August 28, 2003 in the Philippine Daily Inquirer for non-filing of reports.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 it desires to maintain and preserve its credibility as a religious corporation and continue the ministry initiatives it has undertaken by upholding its members' interest, rights and privileges; 2. that it was not informed of the revocation of its certificate of registration; 3. that the failure to submit the reportorial requirements was unintentional; 4. that it has no intention to violate the law and any SEC rules and regulations; and 5. that it shall henceforth submit reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated May 15, 2008, certifying that at the regular meeting of the members and the Board of Trustees', held on January 13, 2008, at Cannery, Polomolok, South Cotabato, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of the Annual Income Tax Return for the year 2007; 3. Photocopy of the letter dated January 31, 2006 from the Philippine Baptist S.B.C., Inc. on the restructuring of the Petitioner's loan; 4. Photocopy of the Certification dated December 4, 2006 of the Petitioner's membership with the Mt. Matutum Association of Baptist Churches; and 5. Photocopy of Petitioner's Certification dated December 4, 2006 that its building was destroyed by fire on December 31, 2005. IcTEaC Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On September 16, 2008, Petitioner paid the fine of P12,575.00, 2 the amount assessed by the SEC-Davao Extension Office, under Official Receipt No. 5513262, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2007 2008 Financial Statements 1996-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that it was not informed of the revocation of its certificate of registration is without merit, considering that the Revocation Order dated August 20, 2003 was published on August 28, 2003 in the Philippine Daily Inquirer, a newspaper of general circulation, pursuant to SEC Memorandum Circular No. 4, series of 2003, which states that in cases where the Commission may deem practicable considering the great number or unknown addresses of corporations involved, the show cause order shall be published in a newspaper of general circulation. Publication in a newspaper of general circulation is sufficient notice for the corporations concerned. However, finding the submitted documents sufficient to establish Petitioner's operation, and its intent to continue as a going concern entity, the Order of the Commission dated August 20, 2003 revoking the Certificate of Registration of MATUTUM VIEW BAPTIST CHURCH, INC., is hereby SET ASIDE. Further, Petitioner is hereby directed to submit its 2008 Mayor's Permit within thirty (30) days from the date of receipt hereof. Failure on the part of the Petitioner to comply with the said directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, November 19, 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 compared with the original of the documents. DAEaTS 2. MB registration included in the O.R.