In re Marbel School of Science and Techology, Inc.

November 27, 2008 SEC EN BANC CASE NO. 06-08-0470-N IN THE MATTER OF MARBEL SCHOOL OF SCIENCE AND TECHOLOGY, INC. (MSST, INC.), SEC REGISTRATION NO. DN92000603 , petitioner. FOR: SETTING ASIDE THE ORDER OF REVOCATION OF THE CERTIFICATE OF REGISTRATION O R D E R Petitioner, MARBEL SCHOOL OF SCIENCE AND TECHOLOGY, INC. (MSST, INC.) is a non-stock corporation registered with the Commission on September 14, 1992, under SEC Registration No. DN92000603, with principal office address at Upper Valley, Bo. 2, City of Koronadal, engaged in the operation of private educational institution, as stated in its Articles of Incorporation. TCaEIc On November 3, 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated September 30, 2003, published on October 4, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated September 30, 2003, on the following grounds: 1. that it provides and enhances quality education in the locality and produces globally competitive graduates; 2. that it has no intention to violate the law and any of the Commission's rules and regulations; and 3. that it commits to submit the reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated May 30, 2008, certifying that at the regular meeting of the members and the Board of Trustees', held on even date, at the principal office, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Photocopies of the 2006 and 2007 Annual Income Tax Returns; 3. Photocopies of the 2006-2008 Mayor's Permits, Koronadal City, South Cotabato; 4. Photocopy of Government Recognition No. 0012, series of 2003 issued by the Commission on Higher Education (CHED), Cotabato City on February 11, 2003; 5. Photocopy of the Temporary Permit No. 013, series of 1999, to open and conduct Second Year of the Criminology course for the school year 1999-2000 issued by the CHED, Davao City, on June 14, 1999; 6. Photocopy of the Government Recognition No. 003, series of 1997, issued by the Technical Education and Skills Development Authority on February 12, 1997; 7. Photocopy of the Government Recognition No. 007, series of 1995 and Permit for Special Vocation Courses No. 016, series of 1995 issued by the Department of Education, Culture and Sports, Davao City, on July 20, 1995; and TcEaAS 8. Photocopy of Petitioner's Official Receipts issued on various dates in 2006, 2007 and 2008. Petitioner submitted its 2008 General Information Sheet and 2008 Financial Statements to prove its intention to continue its registration with the Commission. Upon evaluation of the submitted documents vis-a-vis the records on file with the Commission, it appears that the Petitioner violated Section 48 of the Corporation Code of the Philippines (the Code) by effecting a change in its fiscal year end (April 30, as stated in its 2008 GIS and 2007 FS) without properly amending its By-laws (which states March 31). Thus, a fine 2 was imposed on the Petitioner. On June 5, 2008, Petitioner paid the fine of P60,500.00, the amount assessed by the SEC-Davao Extension Office, under Official Receipt No. 5513618, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1997-2007 Financial Statements 1997-2007 Membership Book Registered Late WHEREFORE, finding the Petition meritorious, the Order of the Commission dated September 30, 2003, revoking the Certificate of Registration of MARBEL SCHOOL OF SCIENCE AND TECHNOLOGY INC. (MSST INC.), is hereby SET ASIDE. Further, the Petitioner is hereby directed to file its application for the amendment of its By-laws (changing its fiscal year from April 1 to March 31 to March 1 to April 30 ) within thirty (30) days from date of receipt of this Order. The Petitioner is warned that non-compliance therewith shall constitute a continuous violation of Section 48 of the Code. Finally, Petitioner is also directed to submit favorable endorsement from the Commission on Higher Education, Technical Education and Skills Development Authority and Department of Education within thirty (30) days from receipt of this Order. Failure to comply with this directive shall cause the recall of this Order. CDAEHS SO ORDERED. Mandaluyong City. November 27, 2008. (SGD.) FE B. BARIN Chairperson (on leave) 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. Included in the O.R.