In re Our Lady of the Pillar Learning School, Inc.

November 27, 2008 SEC EN BANC CASE NO. 10-08-0544 IN THE MATTER OF OUR LADY OF THE PILLAR LEARNING SCHOOL, INC., SEC REGISTRATION NO. A199611576 , petitioner. FOR: SETTING ASIDE THE ORDER OF REVOCATION OF THE CERTIFICATE OF REGISTRATION O R D E R Petitioner, OUR LADY OF THE PILLAR LEARNING SCHOOL, INC., is a non-stock corporation registered with the Commission on December 17, 1996, under SEC Registration No. A199611576, with principal office at Golden City, Salawag, Dasmarias, Cavite, engaged in the operation of preparatory and elementary school, as stated in its Articles of Incorporation. IADCES On March 15, 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated February 10, 2004, published on February 14, 2004 in the Philippine Daily Inquirer, for non-filing of reports.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, 2003, on the following grounds: 1. that the officers were not aware of the Commission's reportorial requirements; 2. that it is still existing and operational; 3. that the revocation of its certificate of registration would adversely affect the education of the students enrolled with it; 4. that it has no intention to violate the law and any of the Commission's rules and regulations; and 5. that it commits to submit the reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated April 18, 2008, certifying that at the regular meeting of the members and the Board of Trustees held on December 31, 2007, in Dasmarias, Cavite, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; acHCSD 2. Photocopies of the 2008 and 2007 Mayor's Permits; 3. Photocopy of the Government Recognition No. E-004, series of 2004 issued by the Department of Education, Pasig City, on March 5, 2003; and 4. Photocopy of Government Recognition No. K-033, series of 1997 issued by the then Department of Education, Culture and Sports, Pasig City on December 17, 1996. Petitioner submitted its 2007 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. On October 22, 2008, the corporation paid the fine of P11,000.00 under Official Receipt No. 0221414, for non/late filing/registration of the following, on the years indicated hereunder: DaScHC NOT FILED FILED LATE General Information Sheet 1997-2006 2007 Financial Statements 1997-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its officers were not aware of the reportorial requirements to be submitted to the Commission which caused the revocation of its Certificate of Registration is without merit. Section 141 of the Corporation Code of the Philippines (the Code) requires corporations to submit an annual report of operations and such other requirements as the Commission may require. Petitioner is bound by the said provision of the law and it cannot claim ignorance as excuse from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operation since 1996 up to present, and its intent to continue as a going concern entity, the Order of the Commission dated February 10, 2004 revoking the Certificate of Registration of OUR LADY OF THE PILLAR LEARNING SCHOOL, INC., is hereby SET ASIDE. Petitioner is hereby directed to submit favorable endorsement from the Department of Education within thirty (30) days from receipt of this Order. Failure to comply with this directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City. November 27, 2008. (SGD.) FE B. BARIN Chairperson (on leave) 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.