In re SS FX Drivers & Operators Assn., Inc.

October 31, 2008 SEC EN BANC CASE NO. 09-08-0502 IN THE MATTER OF SS FX DRIVERS & OPERATORS ASSN. INC. SEC REGISTRATION NO. A199723178 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner SS FX DRIVERS & OPERATORS ASSN. INC. is a non-stock corporation registered with the Commission on 09 December 1997, under SEC Registration No. A199723178, with principal office at No. 65 Horizon St., SSS Village, Concepcion 2, Marikina City. aIDHET On 15 March 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 10 February 2004, published on 14 February 2004 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the said Order of Revocation dated 10 February 2004, on the following grounds: 1. that Petitioner is in active operation despite non-filing of reports, and has in fact elected new set of directors who will file the necessary documents for the updating of records for its legitimate operation; 2. that Petitioner has no intention to violate the law and the Commission's rules and regulations; and 3. that it commits to submit its reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 08 August 2008, certifying that at the joint regular meeting of the members and the Board of Trustees, held on 27 July 2008, at 65 Horizon Street, Concepcion 2, City of Marikina at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Photocopy of the Business Permit for the year 2008 issued by the City of Marikina on 21 August 2008; 3. Photocopy of the Annual Income Tax Return for the year 2007 received by the Philippine Veterans Bank on 07 August 2008; 4. Photocopy of the Business Permit issued by Barangay Concepcion Dos, City of Marikina dated 06 August 2008; 5. Photocopy of the Certificate of Affiliation issued by the Eastern Transport Council (ETCI), Inc. on 15 May 2006; and ACHEaI 6. Photocopy of the Certificate of Accreditation issued by the Public Utility Transportation and Franchising Board (PUTFRB) Marikina City, certifying Petitioner's continuous operation and its registration and accreditation to ply the route SSS-Cubao. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines due. On 01 September 2008, the corporation paid the fines of Php10,250.00 under OR No. 0203496, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1998-2007 Financial Statements 1998-2006 2007 Membership Book Registered late WHEREFORE, finding the Petition meritorious, the Order of the Commission dated 10 February 2004, revoking the Certificate of Registration of SS FX DRIVERS & OPERATORS ASSN. INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, October 31, 2008. (SGD.) FE B. BARIN Chairperson (SGD.) MA. JUANITA E. CUETO Commissioner (SGD.) JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner on leave THADDEUS E. VENTURANZA Commissioner Footnotes 1. Photocopies are compared with the original of the documents. cDEICH