In re Medical Action Group, Inc.

May 5, 2008 SEC EN BANC CASE NO. 11-07-0283 IN THE MATTER OF MEDICAL ACTION GROUP, INC. (SEC REG. NO. 108388) , petitioner. SETTING ASIDE OF THE ORDER OF REVOCATION OF CERTIFICATE OF REGISTRATION O R D E R Petitioner Medical Action Group, Inc. is a non-stock, non-profit corporation registered with the Commission on 19 November 1982 and was established for the following purposes: 1. to promote the right to health for all transcending national, political, economic, social and other boundaries; 2. to secure the active support of physicians and other health related professionals for the protection and promotion of its humanitarian ideal; 3. to encourage in a spirit of solidarity the active participation of health professionals with other interest groups in activities that will benefit all Filipinos regardless of religion and political affiliations, social and economic status; 4. to enforce the strict observance of human rights in all interactions between health systems and other systems; and 5. to promote education and exchange of information among health professionals and other interest groups concerning the ethical and moral principles relating to health, justice and defense of human rights. Its business office address is at 45 Saint Mary St., Cubao, Quezon City. On 11 August 2003, petitioner's Certificate of Registration No. 108388 was revoked pursuant to the Order of Revocation dated 08 July 2003 for non-compliance with the Commission's reportorial requirements which was published in a newspaper of general circulation on 11 July 2003. Petitioner now prays for the lifting of the said Order of revocation based on the following grounds, among others: 1. that the present officers of petitioner are not fully aware that its registration had been revoked because it did not receive any information regarding the matter until recently, when it directed its staff to ask the status of its reportorial requirements since it downscaled its operations: a) it downscaled its operation sometime in 1996 because of financial constraints being a non-governmental organization that relied mainly on donations and overseas funding. b) that it was forced to terminate some of its personnel and give up its registered office sometime in year 1996 and look for other cheaper physical center to maintain its presence and probably had not informed the Commission of its situation and new mailing address. c) that when it started to recover financially sometime in year 2006, it started to hire some personnel to reorganize its programs and reportorial responsibility and it was only then that it discovered that its registration had been revoked. d) that it paid its penalties and dues by reason of its failure to comply with the reportorial requirements upon knowledge of its status. f) n that at present, it is actively operating and helping underprivileged beneficiaries specially in the depressed communities. 1 In support of its Petition, petitioner submitted copies of the following as proof of its continued operation: a.) Contract of Lease entered into on 31 January 2007 by petitioner as Lessee and Task Force Detainees of the Philippines (TFDP), a human rights non-government organization as Lessor; b.) Official receipts issued by petitioner within one (1) year prior to the filing of the petition; and c.) Audited Financial Statements for the years ended December 31, 2006 and 2005 stamped received by the BIR on July 16, 2007. Petitioner further alleges that it commits to continue its business operations and comply with the registration requirements of the Commission as evidenced by its submission of its most recent General Information Sheet and Financial Statements. It has also paid in full the total amount of the penalty of Fifty Three Thousand Seven Hundred Fifty Pesos (Php53,750.00) as assessed by the Law and Regulation Division of the Company Registration and Monitoring Department (CRMD) and evidenced by Official Receipt No. 0114387 . WHEREFORE, premises considered, the Order of the Commission dated 08 July 2003 revoking the Certificate of Registration of Medical Action Group, Inc. is hereby SET ASIDE. Petitioner is hereby directed to secure its 2008 mayor's/business' permit and all necessary government permits and licenses for its operation within thirty (30) days from receipt hereof. Failure to comply with this directive shall cause the recall of the instant Order. Let a copy of this Order be furnished the Company Registration and Monitoring Department (CRMD) and the Economic Research and Information Department (ERID), MIS Division, of this Commission for their appropriate action. SO ORDERED. Mandaluyong City. May 5, 2008. (SGD.) FE B. BARIN Chairperson on sick leave MA. JUANITA E. CUETO Commissioner (SGD.) JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Page 1 of the Supplemental Petition. n Note from the Publisher: Copied verbatim from the official copy. Missing letter "e".