In the Matter of Women's Health Care Foundation, Inc.

February 20, 2009 SEC EN BANC CASE NO. 12-08-0578 IN THE MATTER OF WOMEN'S HEALTH CARE FOUNDATION, INC. (WHEALTH CARE, INC.) SEC REGISTRATION NO. 0000095233 FOR : Setting Aside Order of Revocation of Certificate of Registration O R D E R Petitioner, WOMEN'S HEALTH CARE FOUNDATION, INC. (WHEALTH CARE, INC.), is a non-stock corporation registered with the Commission on September 25, 1980 under SEC Registration No. 0000095233, with principal office address at #90-C Times St., Brgy. West Triangle, Quezon City. ICcaST On August 11, 2003, its Certificate of Registration was revoked by virtue of SEC Order dated July 08, 2003 which was published on July 11, 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated July 08, 2003, on the following grounds: 1. that Petitioner has been operational for over twenty (20) years, however due to lack of manpower and funds, it inadvertently failed to comply with the Commission's reportorial requirements; 2. that it is presently conducting a Packard-funded Project on Multi-Sectoral Project for STD, HIV and AIDS for People in Prostitution in Quezon City, in coordination with the Quezon City Health Office, Department of Social Welfare and Development, Quezon City Police District and Barangays West and South Triangle, and providing outreach clinic services to the urban poor in various areas in Metropolitan Manila; 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. Photocopies of Certifications by Barangay 144, Zone 17, Malibay, Pasay; Barangay 649, Zone 68, Bagong Lupa (Baseco), Manila; Barangay 178, Zone 15, District I, Caloocan; and Barangay Gulod, Quezon City, that Petitioner conducted health care services for women and their families in the respective barangay on different dates in 1997, 1998, 2001 and 2002, respectively; 2. Trustees' Certificate dated November 11, 2008, certifying that at the special joint meeting of members and trustees held on September 17, 2008, at 90-C Times Street, West Triangle, Quezon City, at which quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; SDEHIa 3. Photocopy of 2008 Mayor's Permit, Quezon City; 4. Photocopies of 2003, 2007 and 2008 Business Permit, City of Manila; 5. Photocopies of 2008 and 2007 Barangay Clearance, Barangay 649, Zone 68, Bagong Lupa (Baseco), Manila; 6. Photocopy of Insurance Policy dated August 01, 2007, with Monarch Insurance Company, Inc., for Premises Risk Operation, and O.R. No. 710158 for payment of premiums; 7. Photocopies of lectures, modules and project proposal of Petitioner's programs in sexual and reproductive health for the years 2007, 2006 and 1998; 8. Photocopies of newsletters and news clippings of activities undertaken by Petitioner in various dates in 2006, 1995 and 1993; 9. Photocopy of Memorandum of Agreement with Barangay Holy Spirit, Quezon City, signed on March 2006, for the promotion and implementation of Reproductive Health Programs in the Barangay; 10. Photocopy of 2005 Barangay Clearance, Barangay West Triangle, Quezon City; 11. Photocopy of 2002 Locational Clearance, City Planning and Development Office, Quezon City; 12. Photocopies of Memorandum of Agreement with Barangay Gulod, Quezon City, signed on September 2001, on the project "Addressing the Unmet Reproductive Health Needs of Adolescents and Women in Metro Manila"; 13. Photocopy of Certificate of Registration with the Bureau of Internal Revenue dated June 04, 1998, Revenue Region No. 007, Revenue District No. 038; CDAHaE 14. Photocopy of Pag-IBIG Fund Receipt dated February 10, 1995; and 15. Photocopies of Social Security System Contribution Payment Returns with the list of Petitioner's employees for the year 1981. 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 December 12, 2008, the Petitioner paid the fine of PhP56,250.00, under O.R. No. 0240806, for non/late filing of the following, on the years indicated hereunder: REQUIREMENTS NOT FILED FILED LATE General Information Sheet 1996-2004; 2006, 2007 2008 Financial Statements 1996-2003; 2006 2004, 2005, 2007 WHEREFORE, Petitioner's allegation that its failure to file the Commission's reportorial requirements was merely inadvertent 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 ignorance nor inadvertence as excuse from compliance therewith. However, finding the submitted documents sufficient to establish that Petitioner has been operating since 1981 despite non-filing of reports, and, its intent to continue as a juridical entity, the Order of the Commission dated July 08, 2003, revoking the Certificate of Registration of WOMEN'S HEALTH CARE FOUNDATION, INC. (WHEALTH CARE, INC.), is hereby SET ASIDE. SO ORDERED. Mandaluyong City, February 20, 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. DCTHaS