In the Matter of Maliwanag Homeseekers Association, Inc.

February 27, 2009 SEC EN BANC CASE NO. 12-07-0299 IN THE MATTER OF MALIWANAG HOMESEEKERS ASSOCIATION, INC. (MAHAI) SEC REGISTRATION NO. D199700984 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, MALIWANAG HOMESEEKERS ASSOCIATION, INC. (MAHAI) is a non-stock corporation registered with the Commission on September 10, 1997 under SEC Registration No. D199700984, with principal office address at Barangay Calumpang, General Santos City. cEAIHa On March 15, 2004, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated February 10, 2004, published on February 14, 2004 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated February 10, 2004, on the ground that it is in active operation but was involved in a series of court litigation on the land occupied by its members. 1 However, its officers were not aware of the Commission's reportorial requirements and that it only knew of the revocation very recently. In support of its Petition, Petitioner submitted the following documents: 2 1. Trustees' Certificate dated February 19, 2008 certifying that at the special general meeting of the members and the trustees, held on February 10, 2008, at the Catholic Chapel of Acharon Village, Calumpang, General Santos City, where a quorum was present, the resolution allowing the filing of the Petition was approved; 2. Photocopy of the Decision dated August 21, 2001 issued by the Commission on Settlement of Land Problems (COSLAP) in Case No. 98-2001 entitled "Maliwanag Homeseekers Association, Inc. vs. Francisco T. Tesorero" ; 3. Photocopy of the Decision dated April 11, 1995 issued by the Regional Trial Court, Branch 22, General Santos City in Civil Case No. 1711 for Reversion of Land, entitled Republic of the Philippines vs. Francisco P. Tesorero, et al. ; 4. Photocopy of the Resolution dated February 11, 1997 issued by the Court of Appeals in Case No. CA-G.R. CV No. 6683-A as to the appeal of Francisco P. Tesorero et al.; 5. Photocopy of the Entry of Judgment dated November 5, 1997 issued by the Court of Appeals in relation to Civil Case No. 1711 of the Regional Trial Court, Branch 22, General Santos City. AaDSTH 6. Photocopy of Certification dated November 17, 2007 issued by the Urban Poor Federation of the Philippines, Inc. certifying Petitioner's membership in a good standing since September 10, 1997; 7. Photocopy of the 2006 Annual Income Tax Return. Petitioner submitted its 2006 General Information Sheet and 2007 Financial Statements. On December 3, 2007, Petitioner paid the fine of P9,000.00, the amount assessed by the SEC-Davao Extension Office, under Official Receipt No. 5490983, for non/late filing of the following, on the years indicated hereunder: NOT FILED FILED LATE General Information Sheet 1998-2006 2007 Financial Statements 1998-2005 2006 From a careful review of the Petition and its supporting documents, it appears that the main reason, among others, Petitioner filed the instant Petition is to enforce the decision of the Regional Trial Court, Branch 22, General Santos City, reverting a piece of land covered by Free Patent No. 467629 in the name of Francisco P. Tesorero to the mass of public domain. Petitioner's members are presently occupying such land to eventually become beneficiaries and awardees of ownership. With such objective, it appears that Petitioner is not under the jurisdiction of the Commission but that of the Housing and Land Use Regulatory Board (HLURB). 3 While Petitioner is a "Homeseeker Association", it falls under the definition of a "Homeowners Association", that is an association primarily composed of informal settlers intending to be future beneficiaries or awardees of ownership of rights over the land they lease or occupy . 4 Petitioner may also be considered as one organized for Self-Help Housing Projects or Projects Undertaken under the Group Land Acquisition and Development (GLAD) or other similar land tenural assistance programs which are under the jurisdiction of the HLURB. 5 However, to accommodate Petitioner's desire to maintain its juridical personality for the purpose of enforcing the aforementioned RTC decision, and in order to easily facilitate the enrollment of the Certificate of Registration issued by the Commission on September 10, 1997 with the HLURB, 6 the Petition is hereby GIVEN DUE COURSE. EScAHT Thus, the Order of the Commission dated February 10, 2004, revoking the Certificate of Registration of MALIWANAG HOMESEEKERS ASSOCIATION, INC. (MAHAI) is hereby SET ASIDE. The Petitioner is hereby directed to enroll the Certificate of Registration issued by the Commission with the HLURB within thirty (30) days from date of receipt of this Order. Failure to comply with this directive shall cause the recall of this Order. SO ORDERED. Mandaluyong City, February 27, 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. Supplemental Petition dated February 15, 2008. 2. Photocopies are faithful reproductions of the originals of the documents. 3. Executive Order No. 535, as amended by Republic Act No. 8763, transfers jurisdiction over "Homeowners Association" to HLURB. 4. Section 1 (d), item no. iii of the Rule I of the Rules on the Registration and Supervision of Homeowners Association (HLURB Board Resolution No. R-771, series of 2004). 5. Home Development Mutual Fund Circular No. 80-J. 6. Section 1 of Rule XI, Ibid. TAHcCI