Title
Aurbach vs. Sanitary Wares Manufacturing Corp.
Case
G.R. No. 75875
Decision Date
Dec 15, 1989
A 1962 joint venture between ASI and Filipino investors deteriorated, leading to a 1983 board election dispute. The Supreme Court upheld the Filipino investors' election, ruling the agreement valid and protecting national interests.

Case Digest (G.R. No. L-32370)
Expanded Legal Reasoning Model

Facts:

  • Incorporation and Joint‐Venture Agreement
    • In 1961, Sanitary Wares Manufacturing Corporation (Saniwares) was incorporated by Filipino investors, including Baldwin Young, to manufacture sanitary wares.
    • On August 15, 1962, American Standard Inc. (ASI), a Delaware corporation, entered into a written Agreement with Saniwares and Filipino investors:
      • Section 3 provided for cumulative voting for directors and super‐majority or veto requirements for certain corporate acts.
      • Section 5(a) vested management in a nine‐member board: three directors to be “designated” by ASI (holding 40% of stock) and six by the other stockholders (holding 60%).
  • Breakdown of Relations and 1983 Stockholders’ Meeting
    • By March 8, 1983, relations between ASI and Filipino investors deteriorated over export expansion.
    • At the annual meeting, ASI nominated three directors; Filipino investors nominated six; additional nominations (Salazar, Chamsay) were ruled out of order by Chairman Young pursuant to the Agreement.
    • A dispute over vote casting led ASI and allies to hold a separate session, cumulatively voting to elect four ASI nominees plus Salazar.
  • SEC Proceedings and Intermediate Appeals
    • Filipino investors filed SEC Case No. 2417 for preliminary injunction; ASI and Salazar filed SEC Case No. 2718 for quo warranto and receivership; both were consolidated.
    • The SEC hearing officer and SEC en banc upheld the Filipino investors’ slate of directors and dismissed ASI’s quo warranto petition.
    • ASI and Salazar appealed to the Intermediate Appellate Court, which remanded for a new meeting and was thereafter amended by the Court of Appeals to:
      • Limit ASI to three board nominations.
      • Allow cumulative voting within each group (Filipino and ASI) to choose their respective nominees.
  • Petitions for Review to the Supreme Court
    • G.R. No. 75875 (ASI group): challenged deprivation of full voting rights and imposition of terms not in the Agreement.
    • G.R. Nos. 75975–76 (Salazar): assailed Court of Appeals’ disregard of contractual terms and alleged property‐rights deprivation.
    • G.R. No. 75951 (Filipino investors): argued the Court of Appeals failed to enforce the Agreement’s intent and did not declare their nominees as duly elected directors.

Issues:

  • Whether the parties’ Agreement created a joint venture relationship or a plain corporation.
  • Whether Section 5(a) of the Agreement, designating the allocation of board seats (3 for ASI, 6 for Filipino investors), is valid and enforceable.
  • Whether ASI may cumulate votes from its additional 10% equity to elect more than three directors under Section 24 (cumulative voting) of the Corporation Code.
  • Who were the duly elected directors of Saniwares at the March 8, 1983 annual stockholders’ meeting.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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