In re Bayside Council in Obstetrics and Gynecology Association, Inc.

February 12, 2008 SEC EN BANC CASE NO. 10-07-0246 IN THE MATTER OF BAYSIDE COUNCIL IN OBSTETRICS AND GYNECOLOGY (BAYCOG) ASSOCIATION, INCORPORATED (SEC REG. NO. AN095-04089) , petitioner. FOR: SETTING ASIDE OF THE ORDER OF REVOCATION OF CERTIFICATE OF REGISTRATION O R D E R Petitioner Bayside Council in Obstetrics and Gynecology (Baycog) Association, Incorporated is a non-stock, non-profit corporation registered with the Commission on 30 October 1995 1 with the following purposes: TcDAHS 1. To promote the welfare and protect the rights of the members of the Association; 2. To inspire its members to provide the highest quality of medical care of the patients; 3. To promote and maintain educational programs and medical research among the members of the Association; 4. To provide channels of communications and cooperations (sic) among all members of the Association; 5. To provide a medium for closer association, fellowship and camaraderie among members of the association; 6. To provide arbitration in cases of differences between members of the association; and CIDcHA 7. To encourage social activities among its members. 2 Petitioner's business office address is at the 2nd Flr. Medical Center Manila, UN Avenue, Ermita, Manila. On 03 November 2003, Petitioner's Certificate of Registration No. AN095-04089 was revoked pursuant to the Order dated 30 September 2003 for non-compliance with the Commission's reportorial requirements. Said Order was published in a newspaper of general circulation on 04 October 2003. Petitioner now prays for the setting aside of the said Order of Revocation based on the following grounds: CcTHaD 1. [it] is still existing and operational; and 2. [it] has not received any notice that the its license was revoked. 3 In support of its Petition, Petitioner submitted its 2007 General Information Sheet (GIS) and 2006 Audited Financial Statements. 4 Petitioner also submitted, as proof of its continued operation, the following documents: a) Income Tax Return for the year ended December 2006; b) Business Permit (No. 2007-30465) issued on 13 February 2007 by the Office of the Mayor (Business Promotion and Development Office), City of Manila; and c) Minutes of the Annual Business Meetings held by Petitioner's "member-hospital representatives" on 04 June 2006 and 03 June 2007. ADEaHT Petitioner further alleges that it has no intention to violate the law and any SEC rules and regulations 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 penalty amounting to Fifty-Five Thousand Five Hundred Pesos (Php55,500.00) as evidenced by Official Receipt No. 0110160 dated October 24, 2007. WHEREFORE, petitioner's allegation of lack of notice of revocation is without merit considering that the Order of the Commission dated 30 September 2003 revoking the Certificate of Registration of Bayside Council in Obstetrics and Gynecology (Baycog) Association, Incorporated was published in a newspaper of general circulation on 04 October 2003. However, finding the documents submitted to support the instant Petition to be sufficient, the aforesaid Order is hereby SET ASIDE. 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. CaEATI SO ORDERED. Mandaluyong City. February 12, 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. Certificate of Registration of Petitioner. 2. Articles of Incorporation of Petitioner, Second Article. 3. Petition, Paragraph 3. 4. Item 3 (titled as "Receivables") of Petitioner's Audited Financial Statements [Notes to Financial Statements] reveals two material facts: (1) that petitioner was in operation in 2005, 2006, and 2007 (2) that petitioner has net receivables (P60,718.86) as of April 30, 2007.