In re Quintin Salas, Tacas Tricycle Drivers' Association, Inc.

December 24, 2008 SEC EN BANC CASE NO. 11-07-0275 IN THE MATTER OF QUINTIN SALAS, TACAS TRICYCLE DRIVERS' ASSOCIATION (QSTTDA), INC. SEC REGISTRATION NO. ENO93000195 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, QUINTIN SALAS, TACAS TRICYCLE DRIVERS' ASSOCIATION (QSTTDA), INC., is a non-stock corporation registered with the Commission on 18 June 1993, under SEC Registration No. ENO93000195, with principal office at Jaro, Iloilo City. IHAcCS On 3 November 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 30 September 2003, published on 4 October 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 30 September 2003, on the following grounds: 1. that its members rely on the corporate franchise of Petitioner for their livelihood; 2. that it is presently operating 1 although it failed to operate from 1996 to 2003; 3. that its officers were not aware of the Commission's reportorial requirements; 2 4. that it has no intention to violate the law and any SEC rules and regulations; 5. that it shall henceforth submit reportorial requirements religiously; 6. that it intends to continue its registration with the Commission and operation of its business. In support of its Petition, Petitioner submitted the following documents: * 1. 2008 Mayor's Permit, City of Iloilo; 2. Copy of its 2007 Annual Income Tax Return, received by the Bureau of Internal Revenue on February 26, 2008; 3. Photocopy of its 2006 Annual Income Tax Return, received by the Bureau of Internal Revenue on August 14, 2007; and 4. Trustees' Certificate dated 29 August 2007 certifying that at the meeting of the members and the Board of Trustees, held on 15 February 2007, in Barangay Hall, Brgy. Tacas, Jaro, Iloilo City, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved. Petitioner submitted its 2007 General Information Sheet and 2006 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines as due. DaTEIc On 22 April 2008, Petitioner paid the fine of Php3,300.00, the amount assessed by the SEC-Iloilo Extension Office, under Official Receipt No. 5485387, for non/late filing of the following, on the years indicated hereunder: Requirements Not Filed Filed Late General Information Sheet 2005 and 2006 2007 Financial Statements 2003-2005 2006 WHEREFORE, Petitioner's allegation that its officers were not aware of the Commission's reportorial requirements 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. The corporation is bound by the said provision of the law and it cannot claim ignorance as excuse from compliance therewith. Nevertheless, finding the submitted documents sufficient to establish Petitioner's intent to continue as a juridical entity, the Order of the Commission dated 30 September 2003, revoking the Certificate of Registration of the QUINTIN SALAS, TACAS TRICYCLE DRIVERS' ASSOCIATION (QSTTDA), INC., is hereby SET ASIDE. 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. Supplemental Petition par. 4. 2. Petition par. 3 (b). * Photocopies are faithful reproductions of the originals of the documents.