In re Banigan Ankla Foundation, Inc.

October 31, 2008 SEC EN BANC CASE NO. 09-08-0508 IN THE MATTER OF BANIGAN ANKLA FOUNDATION, INC. SEC REGISTRATION NO. AS94000139 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, BANIGAN ANKLA FOUNDATION, INC., is a non-stock corporation registered with the Commission on 12 January 1994 under SEC Registration No. AS94000139, with principal office at #42 Ferdinand St., Kingsville Subdivision, Antipolo, Rizal, organized to promote charity and social awareness through seminars, symposia, lectures, trainings and development programs, as stated in its Articles of Incorporation. HDTSCc On 03 November 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 30 September 2003, published on 04 October 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 30 September 2003, on the following grounds: 1. that Petitioner has been continuously providing the youth of Liloy, Zamboanga del Norte and neighboring areas in Mindanao, scholarships, community services, youth camps, and values education programs, but if the Petitioner's programs are discontinued it will be prejudicial to its beneficiaries; and 2. that Petitioner intends to continue its operation. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 22 May 2007, certifying that at the special meeting, held on 19 May 2007, at its principal office at Antipolo, Rizal, 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 2008 Mayor's Permit, Municipality of Liloy, Zamboanga del Norte; 3. Photocopy of a Certification dated 9 May 2008 from the Office of the Municipal Mayor of Liloy, Zamboanga del Norte, attesting to the existence and good standing of the Petitioner in the community; 4. Photocopy of a Special Permit dated 8 August 2008, issued by the Office of the Municipal Mayor of Liloy, Zamboanga del Norte, allowing the Petitioner to conduct services on religious and civic programs related to education and foundation activities; 5. Photocopy of project accomplishment for the period covering 2007-2008 and statement of funds application for the year 2007; 6. Photocopy of Certification dated 9 May 2008, from the Office of the Barangay Captain of Banigan, Municipality of Liloy, on Petitioner's 14-year existence and service to the community; CSAaDE 7. Photocopies of various Official Receipts issued by the Petitioner for the period covering April 2007 to April 2008; and 8. Pictures of the Petitioner's facilities and programs conducted. Petitioner submitted its 2007 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also manifested that it has no intention to violate the law and any SEC rules and regulations and commits to immediately pay the fines due. On 05 September 2008, Petitioner paid the fine of P11,750.00, under Official Receipt No. 0207044, for non/late filing/registration of the following, on the years indicated hereunder: NOTED DEFICIENCIES YEARS COVERED REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2006 2007 Financial Statements 1996-2006 Membership Book Registered Late WHEREFORE, finding the submitted documents sufficient to establish the Petitioner's continuous operations since 1994 to present, the Order of the Commission dated 30 September 2003, revoking the Certificate of Registration of the BANIGAN ANKLA FOUNDATION, 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 original documents.