In re Philippine Federation of Private Medical Practitioners, Inc.

December 24, 2008 SEC EN BANC CASE NO. 10-08-0545 IN THE MATTER OF PHILIPPINE FEDERATION OF PRIVATE MEDICAL PRACTITIONERS, INC. SEC REGISTRATION NO. 0000016409 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, PHILIPPINE FEDERATION OF PRIVATE MEDICAL PRACTITIONERS, INC., is a non-stock corporation registered with the Commission on 28 January 1960 under SEC Registration No. 0000016409, with office address at Room 117 PMA Building, North Avenue, Quezon City, organized to bring together into a solid organization all the private medical practitioners in the Philippines, as stated in its Articles of Incorporation. On 26 May 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 22 April 2003, published on 25 April 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 22 April 2003, on the following grounds: 1. that Petitioner's officers were not aware that reports were not filed by the external auditor; 2. that there was no intention to violate the law and the Commission's rules and regulations; and 3. that Petitioner intends to continue its operation. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 22 August 2008, certifying that at the meeting of the Board of Trustees and majority of the members, held on 8 August 2008, at its office at Room 117 PMA Building, North Avenue, Quezon City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; acCITS 2. Photocopies of the covers of the Petitioner's souvenir programs for the years 2002; 2004 to 2008; and 3. Photocopy of 2008 Business Permit, Office of the Mayor, Quezon City. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It commits to pay the fines as due. Upon evaluation of the submitted documents vis--vis the records on file with the Commission, it appears that the Petitioner violated Section 16 of the Corporation Code of the Philippines (the Code), on the principal address of the corporation (Room 117 PMA Building, North Avenue, Quezon City, as stated in its Petition and as shown by the supporting documents) without properly amending its Articles of Incorporation (which states, City of Manila). Thus, a fine of Php5,000.00 2 was imposed on the Petitioner, pursuant to Section 144 of the Code. aDcETC On 03 October 2008, Petitioner paid a fine of P64,250.00, under Official Receipt No. 0217289 for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2007 2008 Financial Statements 1996-2006 Membership Book Registered Late WHEREFORE, Petitioner's allegation that the officers were not aware that reports were not filed by the external auditors, and therefore failed to submit the reportorial requirements of the Commission, is without merit, considering that 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. Petitioner is bound by the said provision of the law and that inadvertence is not an excuse for non-compliance. However, finding the submitted documents sufficient to establish Petitioner's operation and its intent to continue as a juridical entity, the Order of the Commission dated 22 April 2003, revoking the Certificate of Registration of the PHILIPPINE FEDERATION OF PRIVATE MEDICAL PRACTITIONERS, INC., is hereby SET ASIDE. Further, the Petitioner is hereby directed to file its application for the amendment of its Articles of Incorporation (changing its principal office from City of Manila to Room 117 PMA Building, North Avenue, Quezon City ) within thirty (30) days from date of receipt hereof. Failure on the part of the Petitioner to comply with the directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, December 24, 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. Photocopies are faithful reproductions of the originals of the documents. 2. Included in the OR.