In the Matter of Ateneo de San Pablo Alumni Foundation, Inc.

January 30, 2009 SEC EN BANC CASE NO. 11-08-0552 IN THE MATTER OF ATENEO DE SAN PABLO ALUMNI FOUNDATION, INC. SEC REGISTRATION NO. 0000049180 FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, ATENEO DE SAN PABLO ALUMNI FOUNDATION, INC., is a non-stock corporation registered with the Commission on November 17, 1972 under SEC Registration No. 0000049180, with principal office address at W.P. Schetelig Avenue, Brgy. II-E, San Pablo City. ScTaEA On July 02, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated May 27, 2003 which was published on June 02, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated May 27, 2003, on the following grounds: 1. that Petitioner has been operational as it has been conducting medical missions and other charity works; it joined the local government's project to save and develop Sampaloc Lake; established Academia de San Ignacio de Loyola, a primary and secondary school, in June 2007; and functions as coordinator of the Ateneo de San Pablo Alumni Association Homecoming; 2. that it has no intention to violate the law and any SEC rules and regulations; and 3. that it shall henceforth submit reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated August 19, 2008, certifying that at the special joint meeting of members and trustees held on August 16, 2008, at W.P. Schetelig Avenue, Brgy. II-E, San Pablo City, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of Certification by Barangay VI-E, San Pablo, Laguna, that Petitioner conducted a Christmas Gift Giving to indigent members of the community in December 2006; 3. Photocopies of Certifications by Barangay Del Remedio and Bagong Bayan, San Pablo, Laguna, that Petitioner conducted medical and dental missions in the two barangays in April 2003; cDCaHA 4. Photocopy of Certification by the Office of the Mayor, San Pablo, Laguna, that Petitioner is a participant in the beautification project of the Sampaloc Lake Area; 5. Photocopy of Certification by Academia de San Ignacio de Loyola, certifying that Petitioner is an instrument in the establishment of the school in 2007; 6. Photocopy of Social Security System (SSS) Clearance dated August 12, 2008, San Pablo City; 7. Photocopy of 2008 Barangay Clearance, Barangay III-E, San Pablo City, Laguna; 8. Photocopy of Board Resolution No. 2007-1 dated October 25, 2007, approving the allocation of financial assistance to Academia De San Ignacio de Loyola, Inc., signed by the Petitioner's Acting Secretary and attested by the Chairman of the Board; 9. Photocopies of O.R.s issued by Petitioner in various dates in 2008, 2004 and 2003; 10. Photocopy of Bureau of Internal Revenue Certificate of Registration, Revenue Region No. 009, Revenue District 055, dated August 29, 2003; 11. Copy of news clipping on the registration and activities of Petitioner dated July 28, 1993 in the Wednesday Herald; 12. Photographs of Petitioner's activities in 2003; and 13. Copy of flyer/leaflet of information about Academia De San Ignacio De Loyola, the school established by the Petitioner. Petitioner submitted its 2008 General Information Sheet and 2007 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 that it commits to immediately pay the fines as due. THEDCA On October 15, 2008, the Petitioner paid the fine of PhP13,500.00, under O.R. No. 0220501, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 2003; 2005-2007 2004 Financial Statements 2003-2006 2007 WHEREFORE, finding the submitted documents sufficient to establish that Petitioner has been operating since 1993 despite non-filing of reports and, its intent to continue as a juridical entity, the Order of the Commission dated May 27, 2003, revoking the Certificate of Registration of ATENEO DE SAN PABLO ALUMNI FOUNDATION, INC., is hereby SET ASIDE. However, Petitioner is hereby directed to submit its 2009 Mayor's Permit 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, 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 1. Photocopies are faithful reproductions of the originals of the documents. IaSCTE