In re Kagitingan Community Builders Association, Inc.

January 24, 2008 SEC EN BANC CASE NO. 09-07-0181 IN THE MATTER OF KAGITINGAN COMMUNITY BUILDERS ASSOCIATION, INC. (SEC REG. NO. 158947) , petitioner . FOR : Lifting of Order of Revocation of Certificate of Registration O R D E R Petitioner Kagitingan Community Builders Assn., Inc. is a non-stock corporation registered with the Commission on 13 January 1989 with the following purposes: cDCEHa 1. To help and assist members acquire, accept donations, purchase, own, develop, lease, mortgage, pledge, exchange, sell, transfer or otherwise invest, deal in or trade in any manner permitted by laws, real and personal property of every kind and description or any interest therein under the concept of ownership as may be necessary for the accomplishment of the purpose of the association for the benefit of the members; 2. To promote, enhance and foster the development and improvement of the quality of life of the members through livelihood projects and other economic entities concerned; 3. To initiate and organize socio-economic and cultural projects and activities which will awaken community consciousness and belongings; 4. To receive or give grants, gifts, legacies, donations, contributions, endowments and financial aid or loans from any sources whatever and to make use of them in operating enterprises, activities and business as may be necessary to carry out the objectives of this association; and 5. To do and perform any other acts and things and to have and exercise any other powers which may be necessary, convenient and appropriate to accomplish the purpose for which this association is organized. Its office address is Phase III Mutual Homes Multi-Purpose Hall, Putatan, Muntinlupa City. On 29 September 2003, petitioner's Certificate of Incorporation No. 158947 was revoked for non-compliance with the Commission's reportorial requirements, pursuant to the Order dated 20 August 2003 which was published in a newspaper of general circulation on 28 August 2003. Petitioner now prays for the lifting of the said Order of Revocation on the ground that its officers were confused as to where its reportorial requirements should be submitted considering that some of its members incorporated a Homeowners association with HLURB and adopting the name "Phase III Mutual Homeowners Association". In support of its Petition, petitioner submitted the following documents: CAIHTE 1. Official receipts issued by the petitioner dated September 23 and 25, 2007; 2. Certificate of Registration issued by the Bureau of Internal Revenue (BIR) dated 23 April 2003; 3. 2006 BIR Annual Income Tax Return; and 4. Contract entered into between GMRC, Inc. (Globe Telecom) and petitioner executed on 06 May 1996. 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 07 September 2007 amounting to Eleven Thousand Five Hundred Pesos (P11,500.00) as evidenced by Official Receipt No. 0094555. Accordingly, petitioner is hereby directed to submit its 2008 Mayor's Permit within thirty (30) days from date of receipt hereof. Failure on the part of petitioner to comply with the directive shall cause the recall of the instant Order. WHEREFORE, premises considered, the Order of the Commission dated 20 August 2003 revoking the Certificate of Registration of Kagitingan Community Builders Association, Inc. 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, January 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