In re Lamb of God Special Education Academy of Buhangin, Inc.

January 18, 2008 SEC EN BANC CASE NO. 10-07-0249 IN THE MATTER OF LAMB OF GOD SPECIAL EDUCATION ACADEMY OF BUHANGIN, INC. (S.E.C. REG. NO. DN 092-000232) , petitioner . SETTING ASIDE OF THE ORDER OF REVOCATION O R D E R Petitioner Lamb of God Special Education Academy of Buhangin, Inc. is a non-stock non-profit corporation registered with the Commission on March 24, 1992. Petitioner was established to operate and maintain an educational institution that would offer pre-school course, elementary course, and other levels and/or courses of instruction. Its principal office is located at Orchid Road, Buhangin, Davao City. On November 3, 2003 petitioner's Certificate of Registration No. DN 092-000232 was revoked by virtue of SEC Order dated September 30, 2003 for non-compliance with the Commission's reportorial requirements. Said Order was published in a newspaper of general circulation on October 4, 2003. Petitioner now prays for setting aside of the said order of revocation based on the following grounds: a) That the officers and members of the board of the petitioner came to know of SEC's reportorial requirements sometime 2004; b) The petitioner readily complied with SEC's reportorial requirements religiously since 2004 up to the present and correspondingly paid the penalties imposed from 1996 to 2003 on June 30, 2004 under O.R. No. 5128380; EaSCAH c) That petitioner was not informed that its registration was already revoked since September 30, 2003; and d) The petitioner came to know of its revocation only last June 17, 2007. In support of its petition, petitioner submitted the following: a) 2007 Annual Income Tax Return; b) 2007 General Information Sheet; c) 2006 Audited Financial Statements; and d) 2006 and 2007 Mayor's Permit No. B-16424-4 issued by the City Mayor of Davao; 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 committed to pay immediately any penalties due by reason of its failure to comply with the Commission's reportorial requirements. In fact, it paid the penalty in full as evidenced by Official Receipt No. 5475334, dated September 10, 2007 amounting to FIVE THOUSAND PESOS (P5,000.00). ADcSHC WHEREFORE, petitioner's allegation of lack of notice of revocation is without merit considering that the Order of the Commission dated September 30, 2003 revoking the Certificate of Registration of Lamb of God Special Education Academy of Buhangin, Inc. was published in a newspaper of general circulation on October 4, 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 and the Economic Research and Information Department of this Commission for their appropriate action. SO ORDERED. Mandaluyong City. January 18, 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