In re Aces Agri-Manufacturing Corp.

October 31, 2008 SEC EN BANC CASE NO. 09-08-0503 IN THE MATTER OF ACES AGRI-MANUFACTURING CORPORATION, SEC REGISTRATION NO. A1997700037 , petitioner. FOR: SETTING ASIDE THE ORDER OF REVOCATION OF THE CERTIFICATE OF REGISTRATION O R D E R Petitioner ACES AGRI-MANUFACTURING CORPORATION is a stock corporation registered with the Commission on 08 January 1997, under SEC Registration No. A1997700037, with principal office at Tambo, Adorable, San Leonardo, Nueva Ecija, engaged in manufacturing and trading of livestock products, as stated in the Articles of Incorporation. DEHcTI On 15 March 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 10 February 2004, published on 14 February 2004 in the Philippine Daily Inquirer, for non-filing of reports.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 never ceased its operation and serves as one of the largest tolling facilities of San Miguel Foods, Inc. in Nueva Ecija; 2. that Petitioner quality management system is recognized by Certification International, Philippines as ISO 9001:2000; 3. that Petitioner provides employment to more than a hundred labor force excluding subcontracted services in the area of Nueva Ecija; and 4. that Petitioner has no intention to violate the law and any of the Commission's rules and regulations. CaEATI In support of its Petition, Petitioner submitted the following documents: 1 1. Directors' Certificate dated 21 August 2008, certifying that at the joint regular meeting of the stockholders and the Board of Directors, held on 12 August 2008, at Km. 102 Maharlika Highway, Magpapalayok, San Leonardo, Nueva Ecija at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. Photocopies of the Mayor's Permits for the years 2002-2008, City of San Leonardo, Province of Nueva Ecija; 3. Photocopy of the Toll Feeding Agreement with San Miguel Foods, Inc., dated 10 July 2007; 4. Photocopies of the Annual Income Tax Return for the years 2003 to 2007 received by the United Coconut Planters Bank (UCPB)-Cabanatuan Branch; 5. Photocopies of the Annual Registration Fee to the Bureau of Internal Revenue for the years 2003 to 2008 received by the United Coconut Planters Bank (UCPB)-Cabanatuan Branch; and 6. Photocopy of the Certificate of Registration issued by the Certification International certifying Petitioner's conformity with ISO9001:2000 Bureau of Customs on 21 April 2008. ACTISD 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 02 September 2008, the corporation paid the fines of Php82,500.00 under OR No. 0206162, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1998-2005 2006 Financial Statements 1997-2004 WHEREFORE, finding the Petition meritorious, the Order of the Commission dated 10 February 2004, revoking the Certificate of Registration of ACES AGRI-MANUFACTURING CORPORATION, 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 (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Photocopies are compared with the original of the documents.