In re Agdao Landless Residents' Association, Inc.

December 7, 2007 SEC EN BANC CASE NO. 08-07-0157 IN THE MATTER OF AGDAO LANDLESS RESIDENTS' ASS'N., INC. (SEC REG. NO. 55994) , petitioner . FOR : Lifting of Order of Revocation of Certificate of Registration O R D E R Petitioner Agdao Landless Residents' Ass'n., Inc. is a non-stock, non-profit corporation registered with the Commission on 15 May 1974 with the following purposes: 1. To maintain a close relation and cooperation of all members; 2. To uplift and promote better living conditions, education, health and general welfare of all the members in particular and the public in general; 3. To cooperate closely with any government agencies in carrying out the goals and aims of the society, to own individual family homes and farm lots to call their own through self-help among the members; 4. To request local or national government agencies, to mobilize possible resources human and material, public and private, to carry out this grassroot program of Green Revolution and rural development through self-help among the members, thus laying a firm foundation for the building of a strong and democratic nation as envisioned in the New Constitution; 5. To encourage all the members to plant vegetables, raise swine and poultry for self-sufficiency in conformity with the program of Green Revolution under New Society; 6. To represent all the members to any government agencies or private portions in securing lands for the landless, and credit facilities for all its members who are in need and to extend assistance during catastrophies and other calamities; 7. To inform all the members of the association of their moral obligations to the community under the New Society; and 8. To promote and organize cooperative (Kilusang Bayan) for the upliftment of the economic and social conditions of the members and the community in general. DTIaHE Its principal office is located at 852 Venzon Street, Agdao, Davao City. On 02 July 2003, petitioner's Certificate of Incorporation No. 55994 was revoked for non-compliance with the Commission's reportorial requirements, pursuant to the Order dated 27 May 2003 which was published in a newspaper of general circulation on 02 June 2003. Petitioner now prays for the lifting of the said Order of Revocation on the ground that it was not served notice of any complaint filed against it, or similar notice for any hearing affecting its lack of compliance with SEC reportorial requirements. However, petitioner has been filing its General Information Sheet regularly. In support of its Petition, petitioner submitted as proof of its continued operation: 1. Photocopy of 2006 Annual Income Tax Return (BIR Form No. 1702); and 2. Photocopies of 2003-2007 Board Resolutions to elect members of the Board for said fiscal years. Petitioner further alleges that it has no intention to violate the law and henceforth, commits to comply with the rules and regulations of the Commission regarding the submission of reports. In fact, petitioner paid the penalty on 15 August 2007 amounting to Thirty Thousand Pesos (P30,000.00) as evidenced by Official Receipt No. 5474971. WHEREFORE, petitioner's allegation of lack of notice of revocation is without merit considering that the Order of the Commission dated 27 May 2003 revoking the Certificate of Registration of Agdao Landless Residents' Ass'n., Inc. was published in a newspaper of general circulation on 02 June 2003. However, finding the documents submitted to support the instant Petition to be sufficient, the aforesaid Order is hereby SET ASIDE. Let a copy of this Order be furnished the Company Registration and Monitoring Department (CRMD) and the Economic Research and Information Department (ERID) of this Commission for their appropriate action. SO ORDERED. Mandaluyong City, Philippines, December 7, 2007. (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