In the Matter of Manobo Datus Foundation, Inc.

February 6, 2009 SEC EN BANC CASE NO. 09-07-0213 IN THE MATTER OF MANOBO DATUS FOUNDATION, INCORPORATED SEC REGISTRATION NO. 125075 FOR : Setting Aside Order of Revocation O R D E R Petitioner is a non-stock corporation registered with the Commission on 21 February 1985 primarily "to work for the total upliftment of the Manobo tribes along socio-economic, educational, moral, spiritual, cultural and other values that will contribute to the total upliftment of the Manobo tribes, as a people and as a race." Its principal office is in 21-A Salgado St., Kamias Road, Quezon City. 1 THIECD On 29 September 2003, petitioner's Certificate of Registration No. 125075 was revoked for non-compliance with the Commission's reportorial requirements, pursuant to the Order of Revocation dated 20 August 2003 which was published in a newspaper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 based on the ground that it has been, and still is, in active pursuit of its aims and objectives. 2 In support of its Petition, petitioner submitted as proof of its continued operation: 1. Certificate of Business Name Registration issued to petitioner by the Department of Trade and Industry (DTI), valid from 3 June 2003 to 3 June 2008; 2. 6 July 2007 letter of Mr. Benjamin T. Tumaliuan, Regional Executive Director of the Department of Environment and Natural Resources (DENR), Region XIII, forwarding to Atty. Jake Dumagan, OIC Director of the National Commission on Indigenous Peoples (NCIP), Region XIII, five (5) folders containing petitioner's project proposals; 3. 22 August 2007 letter of Mr. Bobby V. Dumlao, Director IV of the Presidential Action Center, Office of the President, to Atty. Dumagan requesting status on the 6 August 2007 letter of petitioner's President; 4. Petitioner's Letter of Intent dated 7 April 2006 addressed to the Chairperson of the NCIP requesting for the revalidation of its accreditation; 5. 2nd Indorsement by NCIP's Commissioner for Southern and Eastern Mindanao, Commissioner Felecito L. Masagnay, of petitioner's accreditation; 6. Certification of the Manobo Tribal Council that Mr. Arleno F. Taragua, petitioner's Chairman, President and CEO, has been the Council's Operations Manager to transact business for the upliftment of Manobo tribes within the area of Manobo Civil Reservation created pursuant to Presidential Proclamation No. 2205 at Minangkig, La Paz, Agusan del Sur; ITAaHc 7. Certification issued by the DENR on 12 July 1989 with Official Receipt issued to petitioner; 8. 15 September 1993 letter of Mr. Miguel V. Sison, Jr., OIC-Director IV of the Presidential Action Center, Office of the President, to then DENR Secretary Angel Alcala requesting status of petitioner's prayer for intercession for the immediate approval its application for the Manobo Civil Reservation Timber License Agreement covering 3,604 hectares of land situated in the municipalities of La Paz and Loreto, Province of Agusan del Sur; 9. 1st Indorsement dated 21 December 1994 by Mr. Ernesto P. Martinez, then Assistant Executive Secretary of the Office of the President, of petitioner's request for the issuance of Certificate of Ancestral Domain Claim and Community-Based Forest Management Agreement to facilitate the immediate implementation of the approved five-year Comprehensive Development Plan of the Manobo Civil Reservation; 10. 1st Indorsement dated 16 May 1997 by the DENR's Ernesto P. Martinez of petitioner's request for the development of the Manobo Civil Reservation; 11. A news clipping from the 5 December 1999 issue of the Manila Bulletin regarding petitioner and the Manobos' support for forest plan; and 12. Certifications of the Office of the Ombudsman dated 20 February 1999, 24 May 2001, 12 November 2002, and 21 January 2003 that petitioner is accredited as a Corruption Prevention Unit (CPU) of the Office of the Ombudsman. Petitioner alleges that it intends to continue its operations as evidenced by its submission of its most recent General Information Sheet and Financial Statements. DAHCaI It 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. It has also paid in full the total amount of penalty of Eight Thousand Pesos (Php8,000.00) as assessed by the Law and Regulation Division (LRD) of the Company Registration and Monitoring Department (CRMD) and evidenced by Official Receipt No. 5492940. WHEREFORE, premises considered, the Order of the Commission dated 20 August 2003 revoking the Certificate of Registration of MANOBO DATUS FOUNDATION, INCORPORATED is hereby SET ASIDE. Petitioner, however, is hereby directed to submit its 2009 Mayor's/Business Permit within thirty (30) days from date of receipt hereof, failure in which shall cause the recall of the instant Order. 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. February 6, 2009, Mandaluyong City. (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. Amended Articles of incorporation and 2008 General Information Sheet. 2. 3 (a)-3 (q). Supplemental Petition. HAICcD