In re Nueva Ecija High School Alumni Association, Inc.

December 24, 2008 SEC EN BANC CASE NO. 11-07-0278 IN THE MATTER OF NUEVA ECIJA HIGH SCHOOL ALUMNI ASSOCIATION, INC. SEC REGISTRATION NO. 0000085227 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, NUEVA ECIJA HIGH SCHOOL ALUMNI ASSOCIATION, INC., is a non-stock corporation registered with the Commission on 22 March 1979, under SEC Registration No. 0000085227, with principal office address at NEHSAA Alumni Center, NEHS Compound Burgos Avenue, Cabanatuan City, Nueva Ecija. DaScCH On 11 August 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 8 July 2003, published on 11 July 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 8 July 2003, on the following grounds: 1. that it did not receive any notice of revocation from the Commission; 2. that it is existing and operational; 3. that it has no intention to violate the law or any SEC rules and regulations; aEIADT 4. that it shall henceforth submit reports religiously; 5. that it intends to continue its registration with the Commission; In support of its Petition, Petitioner submitted the following documents: * 1. Trustees Certificate dated October 21, 2007 certifying that at the regular meeting of the Board of Trustees' held on even date, in NEHSAA Alumni Center, Burgos Ave., Cabanatuan City, at which a quorum was present, the resolution allowing the filing of the Petition to Set Aside Order of Revocation was approved; 2. Photocopy of a Certification issued by the Office of the City Mayor, Cabanatuan City on 15 March 2007 that Petitioner is continuously engaged in socio-civic activities in the Province of Nueva Ecija and the City of Cabanatuan; 3. Photocopy of Petitioner's 2006 Annual Income Tax Return, received by the Land Bank of the Philippines, Cabanatuan Branch on 5 October 2007; 4. Volumes XXII, No. 1 (January-March, 2007), and Volumes XXII, No. 2 (April-June, 2007) of The NEHSAA Quarterly, Petitioner's Official Newsletter; 5. Photocopies of Petitioner's Year Book (Balik-Tipon) for the years 1987, 1988, 1991, 1992, 1993, 1994, 1997, 1998, 1999, 2000 and 2002. Petitioner submitted its 2006 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. On 14 November 2007, Petitioner paid the fine of Php53,000.00, under Official Receipt No. 0116109, for non/late filing/registration of the following, on the years indicated hereunder: Not Filed Filed Late General Information Sheet 1996-2005 2006 Financial Statements 1996-2005 2006 Membership Book Registered late WHEREFORE, Petitioner's allegation that it did not receive any notice of revocation from the Commission is without merit, considering that said Order was published on July 11, 2003, in the Philippine Daily Inquirer, a newspaper of general circulation, 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 corporation concerned. cAIDEa Nevertheless, finding the submitted documents sufficient to establish Petitioner's operation since 1987 and its intent to continue as a juridical entity, the Order of the Commission dated 8 July 2003, revoking the Certificate of Registration of the NUEVA ECIJA HIGH SCHOOL ALUMNI ASSOCIATION, INC., is hereby SET ASIDE. However, Petitioner is directed to submit its 2008 Mayor's Permit within thirty days (30) from date of receipt hereof. Failure on its part to comply with the said directive shall cause the recall of this Order. SO ORDERED. HCaDET 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 * Photocopies are faithful reproductions of the originals of the documents.