In the Matter of Save Lingayen Gulf Movement, Inc.

January 30, 2009 SEC EN BANC CASE NO. 11-08-0567 IN THE MATTER OF SAVE LINGAYEN GULF MOVEMENT, INC. SEC REGISTRATION NO. AN093-02670 FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, SAVE LINGAYEN GULF MOVEMENT INC., is a non-stock corporation registered with the Commission on June 11, 1993 under SEC Registration No. AN093-02670, with principal office address at Herrera St., Dagupan City, Pangasinan, established to promote, conserve and preserve the ecological balance in Lingayen Gulf, as stated in its Articles of Incorporation. On November 03, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated September 30, 2003 which was published on October 04, 2003 in the Philippine Daily Inquirer, for non-filing of reports. acEHSI Petitioner now prays for the setting aside of the Order of Revocation dated September 30, 2003, on the following grounds: 1. that Petitioner's failure to submit the reportorial requirements was due to mistake and excusable negligence; 2. that it was not informed that its Certificate of Registration was revoked; 3.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. Photocopy of Certificate of Registration with the Bureau of Internal Revenue, Revenue Region No. 001, Revenue District No. 004; 2. Photocopy of 2008 Payment Form with the Bureau of Internal Revenue, received on October 21, 2008; 3. Trustees' Certificate dated October 02, 2008, certifying that at the joint meeting of members and trustees held on September 30, 2008, in Lingayen, Pangasinan, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; and DcCITS 4. Photocopies of 1996 and 2002 to 2007 Mayor's Permit, Dagupan City, Pangasinan. Petitioner submitted its 2008 General Information Sheet and 2007 Financial Statements to prove its intention to continue its registration with the Commission. It also commits to immediately pay the fines as due. On November 11, 2008, the Petitioner paid the fine of PhP12,500.00, the amount assessed by the SEC-Baguio Extension Office, under O.R. No. 5534409, for non/late filing/registration of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2007 2008 Financial Statements 1996-2006 2007 Membership Book Registered Late WHEREFORE, Petitioner's allegation that its failure to submit the Commission's reportorial requirements was due to mistake and excusable negligence is without merit. 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 excusable negligence or mistake as excuse from compliance therewith. DIETcH Further, its assertion that it did not receive notice of revocation of its Certificate of Registration is not meritorious, considering that the Order dated September 30, 2003 was published in the Philippine Daily Inquirer on October 04, 2003. 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 corporations concerned. However, finding the submitted documents sufficient to establish that Petitioner is operating since 1996, and, its intent to continue as a juridical entity, the Order of the Commission dated September 30, 2003, revoking the Certificate of Registration of SAVE LINGAYEN GULF MOVEMENT INC., is hereby SET ASIDE. 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 faithful reproductions of the originals of the documents. aSATHE