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ZENTEX is a partnership formed for software development and IT services. The Commission alleges fraud in ZENTEX's registration due to misrepresentation of partner addresses and principal place of business. An investigation found the stated principal address was actually a call center owned by a Singaporean, and partner addresses were false or couldn't be located. The Commission revoked ZENTEX's registration, as Section 6 of PD 902-A allows revocation for fraud in procuring registration, such as providing fictitious information in registration documents.
ZENTEX is a partnership formed for software development and IT services. The Commission alleges fraud in ZENTEX's registration due to misrepresentation of partner addresses and principal place of business. An investigation found the stated principal address was actually a call center owned by a Singaporean, and partner addresses were false or couldn't be located. The Commission revoked ZENTEX's registration, as Section 6 of PD 902-A allows revocation for fraud in procuring registration, such as providing fictitious information in registration documents.
ZENTEX is a partnership formed for software development and IT services. The Commission alleges fraud in ZENTEX's registration due to misrepresentation of partner addresses and principal place of business. An investigation found the stated principal address was actually a call center owned by a Singaporean, and partner addresses were false or couldn't be located. The Commission revoked ZENTEX's registration, as Section 6 of PD 902-A allows revocation for fraud in procuring registration, such as providing fictitious information in registration documents.
FACTS: ZENTEX is a partnership formed for the purpose of engaging in software application development, enterprise application integration, programming and design, project management and consultancy services and to engage in the business of buying and selling of computers but not limited to computer software, hardware and supplies on wholesale and retail basis. CED alleges that there was fraud in the procurement of the registration of ZENTEX and that it has committed serious misrepresentation as to what the partnership can do or is doing to the great prejudice or damage to the public, by giving false and fictitious partners’ addresses and principal place of business. Sometime in 2006, prompted by an email, CED conducted an ocular inspection of a location confirmed to be occupied by ZENTEX, however, upon further inquiry it was found that it was actually occupied by a call centre owned by a Singaporean national. A formal investigation was conducted. A notice requiring appearance was sent to ZENTEX’ individual partners but was returned unserved. ISSUE: Whether the registration of ZENTEX should be revoked based on fraud in the procurement of its registration HELD: YES, according to Section 6 of PD 902-A, the Commission is empowered to suspend or revoke the franchise or certificate of registration of corporations, partnerships or associations, on the ground of fraud in procuring its certificate of registration. As clarified by the Commission in the case of Urban Poor of Pasig INC. v Rivera, the fraud mentioned above refers to fraud attendant in the registration of the corporation, partnership, or association and the same must be contained or connected with the documents and/or papers presented to the Commission for registration. Based on investigations conducted by CED, the partners used fictitious addresses in the Article of Partnership they submitted to the Commission. The principal place of business of ZENTEX as stated in the Articles is fictitious as no building corresponds to the street number of the subject principal address. The stated address of 1 partner was false or fictitious as the same was occupied by a public school; 2 partners’ address cannot be located because majority of the houses in the area have no house numbers; and the rest of the partners are unknown at , and/or not occupying, the addresses stated in the Articles of Partnership.