In re Guardian Gun Club, Inc.

October 31, 2008 SEC EN BANC CASE NO. 10-08-0531 IN THE MATTER OF GUARDIAN GUN CLUB, INC., SEC REGISTRATION NO. IEO0000945, , petitioner. FOR: SETTING ASIDE THE ORDER OF REVOCATION OF THE CERTIFICATE OF REGISTRATION O R D E R Petitioner, GUARDIAN GUN CLUB, INC., is a non-stock corporation registered with the Commission on February 12, 1990, under SEC Registration No. IEO0000945, with principal office address at 45 Arroyo Street, Iloilo City, organized to promote responsible use of guns among its members, as stated in the Articles of Incorporation. IaAScD On September 29, 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated August 20, 2003, published on August 28, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the said Order of Revocation dated August 20, 2003, on the following grounds: 1. that there was a change in its office personnel and the Board of Trustees were not advised on the reportorial requirements; 2. that Petitioner has no intention to violate the law and any of the Commission's rules and regulations; and 3. that Petitioner shall, henceforth, submit reports religiously. In support of its Petition, Petitioner submitted the following documents: 1 1 Trustees' Certificate dated December 21, 2007, certifying that at the regular meeting of the Board of Trustees and members held on January 27, 2007, at Iloilo City, 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 the Mayor's Permit No. 2008-7413 for the year 2008 issued by the Office of the City Mayor, Iloilo City on March 14, 2008; and 3. Photocopy of the Annual Income Tax Return for the year 2007. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On December 4, 2007, the corporation paid the fines of Php11,000.00, the amount assessed by the SEC-Iloilo Extension Office of the Commission under OR No. 5494032, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2006 2007 Financial Statements 1996-2005 2006 WHEREFORE, Petitioner's allegation of the change in its office personnel and that the Board of Trustees were not advised on the reportorial requirements is without merit considering that the Petitioner should have been vigilant in complying with the Commission's reportorial requirements. It cannot also claim ignorance of the reportorial requirements to be submitted to the Commission since Section 141 of the Corporation Code of the Philippines requires corporations to submit an annual report of its operations and such other requirements as the Commission may require. The Petitioner is bound by the said provision of the law and it cannot claim ignorance to excuse it from compliance therewith. TIcAaH However, finding the submitted documents sufficient to establish Petitioner's operation since 2006, and its intent to continue as a going concern entity, the Order of the Commission dated August 20, 2003 revoking the Certificate of Registration of GUARDIAN GUN CLUB, 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 the original documents.