In re Philippine Board of Orthodontics, Inc.

October 31, 2008 SEC EN BANC CASE NO. 09-08-0517 IN THE MATTER OF PHILIPPINE BOARD OF ORTHODONTICS, INC. SEC REGISTRATION NO. A1997-10992 RE : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, PHILIPPINE BOARD OF ORTHODONTICS, INC., is a non-stock corporation registered with the Commission on July 29, 1997 under SEC Registration No. A1997-10992, with principal office address at 202 E. Rodriguez Sr., Blvd. 2nd Floor ELCO Bldg., Quezon City, established for the purpose of conducting examinations and conferring certificates to qualified dentists to practice orthodontics as stated in its Articles of Incorporation. cCaDSA On March 15, 2004, its Certificate of Registration was revoked by virtue of SEC Order dated February 10, 2004 which was published on February 14, 2004 in the Philippine Daily Inquirer for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated February 10, 2004, on the following grounds: 1. that it has ongoing projects which help in the improvement of the dental profession; 2. that it has active members who participate in its projects and activities and contributed for the continued operation of the association; and 3. that it has accreditation with different agencies and is recognized by the Professional Regulation Commission. In support of its Petition, Petitioner submitted the following documents: 1 1. Photocopies of photographs in Petitioner's Investiture Ceremony held on August 5, 2008 at Intercontinental Hotel, Makati City; 2. Photocopy of Income Tax Return for the calendar year 2007, received on April 15, 2008, Bureau of Internal Revenue; 3. Trustees' Certificate dated March 13, 2008, certifying that at the regular joint meeting of members and trustees held on January 15, 2008, at 202 E. Rodriguez Sr., Blvd. 2nd Floor ELCO Bldg., Quezon City, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 4. Photocopy of list of officers and trustees of Petitioner as of October 18, 2007 certified and signed by the Secretary; 5. Copies of Photographs of activities of Petitioner held on various dates from 2003-2007; 6. Photocopies of O.R.s issued by Petitioner in various dates in 2007 relative to the conduct of its examination; 7. Photocopies of Minutes of Meeting held on various dates from 2004-2007; THaAEC 8. Photocopy of Certificate of Accreditation dated November 16, 2005 signed by the Chairperson, Professional Regulation Commission; and 9. Photocopy of Certificate of Registration No. 3RC000030586 dated October 27, 2008, Revenue Region No. 007, Revenue District 011, Bureau of Internal Revenue. 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 that it commits to immediately pay the fines due. Upon evaluation of the submitted documents vis--vis the records on file with the Commission, it appears that the Petitioner violated Section 16 of the Corporation Code of the Philippines (the Code) by effecting a change in its principal office address (202 E. Rodriguez Sr., Blvd. 2nd Floor ELCO Bldg., Quezon City as stated in its 2007 GIS) without properly amending its Articles of Incorporation (which states San Juan, Metro Manila). Thus, a fine of PhP10,000.00 2 was imposed on the Petitioner, pursuant to Section 144 of the Code. On August 01, 2008, the Petitioner paid the fine of PhP33,250.00, under O.R. No. 0212147, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1998-2006 2007 Financial Statements 1998-2006 WHEREFORE, finding the Petition meritorious, the Order of the Commission dated February 10, 2004, revoking the Certificate of Registration of PHILIPPINE BOARD OF ORTHODONTICS, INC., is hereby SET ASIDE. Further, Petitioner is hereby directed to file its application for the amendments of its Articles of Incorporation (changing its principal office from San Juan, Metro Manila to 202 E. Rodriguez Sr., Blvd. 2nd Floor ELCO Bldg., Quezon City) within thirty (30) days from date of receipt hereof. Failure on the part of the petitioner to comply with the directive shall cause the recall of the instant Order. AIHTEa 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. 2. Included in the OR.