In the Matter of Faith Christian Bible Community Church, Inc.
SEC En Banc Case No. 11-08-0566 (Order) • Securities and Exchange Commission • Commission En Banc • Jan 30, 2009
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January 30, 2009 SEC EN BANC CASE NO. 11-08-0566 IN THE MATTER OF FAITH CHRISTIAN BIBLE COMMUNITY CHURCH, INC. SEC REGISTRATION NO. 0000180780 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, FAITH CHRISTIAN BIBLE COMMUNITY CHURCH, INC., is a non-stock corporation registered with the Commission on August 28, 1990, under SEC Registration No. 0000180780, with office address at Lot 27, Block 1 Hacienda Avenue, Hacienda Heights Village, Concepcion Dos, Marikina, organized as a religious society, as stated in its Articles of Incorporation. ADTCaI On September 29, 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated August 20, 2003, published on August 28, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated August 20, 2003, on the following grounds: 1. that its officers were not aware of the Commission's reportorial requirements; 2. that it desires to continue to fulfill its mission in nurturing spiritually and building up its members; 3. that it has no intention to violate the law and any SEC rules and regulations; and 4. that it shall henceforth submit reportorial requirements religiously. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated May 5, 2008, certifying that at the regular meeting of the members and the Board of Trustees', held on January 11, 2008, at its office, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of a Certification by the Community Relations Office, Marikina City dated November 17, 2008 as to Petitioner's existence and activities; 3. Photocopy of the Certificate of Registration with the Bureau of Internal Revenue; 4. Petitioner's printed webpage; 5. Photocopies of photos of Petitioner's activities taken on various dates in 2003 to 2008; IDATCE 6. Photocopy of the Statement of Account issued by the Manila Water Company, Inc.; and 7. Photocopy of 2007 Annual Income Tax Return. Petitioner submitted its 2007 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. Upon evaluation of the submitted documents vis--vis the records on file with the Commission, it appears that the Petitioner violated Section 16 of the Corporation Code of the Philippines (the Code) by effecting a change in its principal office address (Lot 27, Block 1 Hacienda Avenue, Hacienda Heights Village, Concepcion Dos, Marikina, as stated in its 2008 GIS) without properly amending its Articles of Incorporation (which states 100 Molave cor. Beige St., SSS Village, Marikina). Thus, a fine of Php5,000.00 2 was imposed on the Petitioner, pursuant to Section 144 of the Code. On September 16, 2008, Petitioner paid the fine of P58,000.00, under Official Receipt No. 0233807, for non/late filing/registration of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1996-2006 2007 Financial Statements 1996-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its officers were not aware of the reportorial requirements to be submitted to the Commission which caused the revocation of its Certificate of Registration is without merit. Section 141 of the Corporation Code of the Philippines (the Code) requires corporations to submit an annual report of operations and such other requirements as the Commission may require. Petitioner is bound by the said provision of the law and it cannot claim ignorance as excuse from compliance therewith. However, finding the submitted documents sufficient to establish Petitioner's operation, and its intent to continue as a going concern entity, the Order of the Commission dated August 20, 2003 revoking the Certificate of Registration of FAITH CHRISTIAN BIBLE COMMUNITY CHURCH, INC., is hereby SET ASIDE. SIHCDA Further, Petitioner is hereby directed to submit its 2009 Mayor's Permit within thirty (30) days from the date of receipt hereof. Failure on the part of the Petitioner to comply with the said 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 on leave JESUS ENRIQUE G. MARTINEZ Commissioner (SGD.) RAUL J. PALABRICA Commissioner (SGD.) THADDEUS E. VENTURANZA Commissioner Footnotes 1. Photocopies are compared with the original of the documents. 2. Included in the O.R.
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