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In re Malaluan Hospital Corp.

SEC EN Banc Case No. 09-07-0193 (Order) • Securities and Exchange Commission • Commission En Banc • Mar 10, 2008

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March 10, 2008 SEC EN BANC CASE NO. 09-07-0193 IN THE MATTER OF MALALUAN HOSPITAL CORPORATION (SEC REG. NO. A1996-05731) , petitioner . FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner Malaluan Hospital Corporation is a stock corporation registered with the Commission on 05 September 1996 to engage in the operation of hospitals, laboratories, pharmacies and other medical services. Its office address is located at J. Magtibay St., Rosario, Batangas. TESDcA On 15 March 2004, petitioner's Certificate of Incorporation No. A1996-05731 was revoked for non-compliance with the Commission's reportorial requirements, pursuant to the Order dated 10 February 2004 which was published in a newspaper of general circulation on 14 February 2004. Petitioner now prays for the lifting of the said Order of Revocation on the ground that: 1. petitioner is continuously operating its business; and 2. petitioner has real estate property under its name and hospital building being constructed on said property In support of its Petition, petitioner submitted as proof of its continued operation: 1. BIR Certificate of Registration dated 01 January 1997; 2. Tax Declaration of Real Properties registered under its name; 3. DTI Certificate of Business Name Registration dated 22 October 2002; 4. Business Clearance dated 03 January 2007 issued by the Office of Barangay D Poblacion, Municipality of Rosario; and 5. 2007 Mayor's Permit issued by the Municipality of Rosario. 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 12 September 2007 amounting to Twenty Thousand Five Hundred Pesos (P20,500.00) as evidenced by Official Receipt No. 0095272. In a letter dated 03 January 2008, the Department of Health did not object to the petition to lift Order of Revocation of subject corporation considering that petitioner had been compliant with the standards set by the Department and was given a license to operate a Level 2 hospital with ancillary services. 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. SaCIDT WHEREFORE, premises considered, the Order of the Commission dated 10 February 2004 revoking the Certificate of Registration of Malaluan Hospital Corporation 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, March 10, 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

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