In the Matter of Central Hinunangan Irrigators' Association, Inc.

January 30, 2009 SEC EN BANC CASE NO. 11-07-0266 IN THE MATTER OF CENTRAL HINUNANGAN IRRIGATORS' ASSOCIATION, INC. SEC REGISTRATION NO. 0000131955 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, CENTRAL HINUNANGAN IRRIGATORS' ASSOCIATION, INC. is a non-stock corporation registered with the Commission on 09 April 1986, under SEC Registration No. 0000131955, with principal office at Labrador, Hinunangan, Southern Leyte. TIaCHA On 29 September 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 20 August 2003, published on 28 August 2003 in the Philippine Daily Inquirer, for non-filing of reports.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 20 August 2003, on the following grounds: 1. that Petitioner is operational, and is regularly holding meetings; 2. that Petitioner intends to continue its registration with the Commission in order to continue its Joint System Management Contract with the National Irrigation Administration that was being rescinded by the latter, and in order to enforce to the members the payment of their obligations for the maintenance of the irrigation system. In support of its Petition, Petitioner submitted the following documents: * 1. Trustees' Certificate dated 09 August 2007, certifying that at the special meeting of the members and the Board of Trustees, held on 10 November 2005, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was unanimously approved; 2. 2007 Mayor's Permit, of the Municipality of Hinunangan, Province of Southern Leyte; 3. Photocopy of Certification issued by the Municipal Mayor of Municipality of Hinunangan, Province of Southern Leyte on 12 October 2006, that the Petitioner is still existing and operational; 4. Photocopies of the Minutes of Meeting of 10 November 2005 held at Labrador Street, Hinunangan, Southern Leyte and attended by the Majority of the Board of Trustees signed by Mr. Bobby Omang, Secretary; 5. Photocopy of Letter dated 23 August 2005 by the National Irrigation Administration, Tacloban City, stating the Recission of JSM contract entered into by the Petitioner; and 6. Photocopy of the Memorandum of Agreement dated 8 November 1999, with the National Irrigation Commission Administration on Joint System Management in Dasay River Irrigation System, Hinunangan, Southern Leyte. STIHaE Petitioner submitted its 2007 General Information Sheet and 2006 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 commits to immediately pay the fines as due. On 26 November 2007, Petitioner paid the fine of Php30,500.00, under O.R. No. 0118208, for non-filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2004 2006-2007 Financial Statements 1996-2003 2004-2006 Membership Book Registered Late WHEREFORE, notwithstanding the failure of the Petitioner to substantiate its allegation that its Board of Trustees is regularly holding meeting, we find the submitted documents sufficient to establish that Petitioner is operational since 1999 despite non-filing of reports, and its intent to continue as a juridical entity, the Order of the Commission dated 20 August 2003, revoking the Certificate of Registration of CENTRAL HINUNANGAN IRRIGATORS' ASSOCIATION, INC., is hereby SET ASIDE. Further, Petitioner is hereby directed to submit its 2009 Mayor's Permit. Failure on the part of the Petitioner to comply with the directive shall cause the recall of this Order. 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 * Photocopies are faithful reproductions of the originals of the documents. SDTcAH