In the Matter of East Visayan Institute, Inc.

January 30, 2009 SEC EN BANC CASE NO. 10-08-0542 IN THE MATTER OF EAST VISAYAN INSTITUTE, INC. SEC REGISTRATION NO. 0000018820 FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, EAST VISAYAN INSTITUTE, INC., is a non-stock corporation registered with the Commission on May 17, 1961 under SEC Registration No. 0000018820, with principal office address at A. Mabini cor. Plaridel Sts., Brgy. V, San Julian, Eastern Samar, organized to operate a non-sectarian institution of learning from elementary to college level, as stated in its Articles of Incorporation. caCTHI On May 26, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated April 22, 2003 which was published on April 25, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated April 22, 2003, on the following grounds: 1. that Petitioner is in actual and continuous operation since its incorporation up to present, providing educational services to the youth of the municipality of San Julian; and 2. that Petitioner did not receive the Order of Revocation of its Certificate of Registration; In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated October 16, 2008, certifying that at the special joint meeting of members and trustees held on April 05, 2008, at San Julian, Eastern Samar, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of Certification of Good Standing by the Department of Education, Eastern Samar, dated October 14, 2008; 3. Photocopy of Income Tax Return for the year 2007, received on October 02, 2008, Bureau of Internal Revenue; 4. Photocopy of 2008 Mayor's Permit, San Julian, Eastern Samar; 5. Photocopies of Minutes of Meetings held in April and March 2008, prepared by Petitioner's Secretary and noted by the President; 6. Photocopy of O.R. issued by Petitioner in March 2008; 7. Photocopies of Billing Statements for School Year 2007-2008; 8. Copies of photographs of Petitioner's activities for the year 2007 to 2008; and HTASIa 9. Photocopies of Special Orders for the years 1998, 1987, 1976 and 1964, Department of Education. Petitioner submitted its 2008 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 as due. On October 20, 2008, the Petitioner paid the fine of PhP60,500.00, under O.R. No. 0222314, for non/late filing/registration of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2007 2008 Financial Statements 1996-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that it did not receive notice of revocation of its Certificate of Registration is not meritorious, considering that the Order dated April 22, 2003 was published in the Philippine Daily Inquirer on April 25, 2003. Pursuant to SEC Memorandum Circular No. 4 Series of 2003, which states that in cases where the Commission may deem practicable considering the great number or unknown addresses of corporations involved, the show cause order shall be published once in a newspaper of general circulation. Publication in a newspaper of general circulation is sufficient notice for the corporations concerned. However, finding the submitted documents sufficient to establish that Petitioner have n been operating despite non-filing of reports and, its intent to continue as a juridical entity, the Order of the Commission dated April 22, 2003, revoking the Certificate of Registration of EAST VISAYAN INSTITUTE, INC., is hereby SET ASIDE. SO ORDERED. Mandaluyong City, January 30, 2009. (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. Photocopies are faithful reproductions of the originals of the documents. EaIcAS n Note from the Publisher: Copied verbatim from the official document.