In the Matter of International Needs, Inc.

January 30, 2009 SEC EN BANC CASE NO. 12-08-0586 IN THE MATTER OF INTERNATIONAL NEEDS, INC. SEC REGISTRATION NO. 0000117420 FOR : Setting Aside the Order of Revocation of the Certificate of Registration O R D E R Petitioner, INTERNATIONAL NEEDS, INC., is a non-stock corporation registered with the Commission on 14 November 1983 under SEC Registration No. 0000117420, with office address at 26 Magat Salamat St., Concepcion Dos, Marikina City, organized as religious society, as stated in its Articles of Incorporation. aTEHCc On 11 August 2003, its Certificate of Registration was revoked by the Commission, by virtue of SEC Order dated 8 July 2003, published on 11 July 2003 in the Philippine Daily Inquirer, for non-filing of reports. Petitioner now prays for the setting aside of the Order of Revocation dated 8 July 2003, on the following grounds: 1. that Petitioner's programs of conducting spiritual activities and extending help during calamities will be affected if the Order of Revocation is not set aside; and 2. that Petitioner intends to continue its operations and that it has no intention to violate the law and any SEC rules and regulations. In support of its Petition, Petitioner submitted the following documents: 1 1. Trustees' Certificate dated 15 December 2008, certifying that at a meeting, held on 30 May 2008, in Marikina City, at which a quorum was present, the resolution allowing the filing of Petition to Set Aside Order of Revocation was approved; 2. Photocopy of 2008 Business Permit dated 30 May 2008, Lungsod ng Marikina; 3. Photocopy of License to Operate dated 20 October 2003, as a social work agency implementing Community-based Programs and Services for the Children and Youth, issued by Department of Social Welfare and Development; 4. Photocopy of Certificate of Membership with the Philippine Missions Association, Inc. given on 3 December 2001; 5. Photocopy of Certificate of Membership with the Philippine Council of Evangelical Churches given on 6 July 1999; 6. Photocopy of BIR Certificate of Registration dated 26 March 1998, RDO 45 Marikina City; 7. Photocopy of Certificate of Membership with the Social Security System given on 28 March 1988; 8. Copies of Petitioner's pamphlets and a picture of its office location; and EacHSA 9. Copies of Petitioner's 2003 and 2008 Souvenir Programs. 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. 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), on the principal office address (26 Magat Salamat St., Concepcion Dos, Marikina City, as stated in its 2007 and 2006 Financial Statements and supporting documents) without properly amending its Articles of Incorporation (which states Quezon City). Thus a fine of Php10,000.00 is imposable on the Petitioner, pursuant to Section 144 of the Code. On 19 December 2008, Petitioner paid the fine of P84,500.00, under Official Receipt No. 0244452, 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, finding the submitted documents sufficient to establish Petitioner's operation since 1988 to present, and its intent to continue as a juridical entity, the Order of the Commission dated 8 July 2003, revoking the Certificate of Registration of the INTERNATIONAL NEEDS, INC., is hereby SET ASIDE. Further, Petitioner is hereby directed to file its application for the amendment of its Articles of Incorporation (changing its principal office address from Quezon City to 26 Magat Salamat St., Concepcion Dos, Marikina City ) with the Commission, and pay the corresponding penalty, and amend its 2008 GIS to reflect its complete principal office address, within thirty (30) days from the date of receipt of this Order. Failure on the part of the Petitioner to comply with the directive shall constitute a continuous violation of Section 16 of the Code. 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. TSIaAc