Title
Bernas vs. Cinco
Case
G.R. No. 163356-57
Decision Date
Jul 1, 2015
A dispute over the validity of a special stockholders' meeting and subsequent actions, including director elections, expulsion, and share sales, hinged on compliance with the Corporation Code and by-laws. The 1997 meeting was invalid, but annual meetings were upheld; expulsion and share sale were void.

Case Digest (G.R. No. 163356-57)
Expanded Legal Reasoning Model

Facts:

  • Parties and Corporate Structure
    • Makati Sports Club, Inc. (MSC) is a domestic non-stock corporation organized for social, cultural, recreational, and athletic activities.
    • Two factions emerged within MSC:
      • Bernas Group – Jose A. Bernas, Cecile H. Cheng, Victor Africa, Jesus B. Maramara, Jose T. Frondoso, Ignacio T. Macrohon Jr., Paulino T. Lim (incumbent directors/officers, terms expiring 1998–1999).
      • Cinco Group – Jovencio F. Cinco, Ricardo G. Librea, Alex Y. Pardo (newly elected at disputed meeting).
  • 17 December 1997 Special Stockholders’ Meeting
    • Triggered by stockholder complaints of anomalies; MSC Oversight Committee (MSCOC) called the meeting at the request of stockholders representing at least 100 shares.
    • Notices were sent; meeting proceeded in absence of injunctive relief. The Bernas Group was removed and the Cinco Group, alongside other individuals, was elected.
    • The Bernas Group filed SEC Case No. 5840 seeking nullification on grounds that only the Corporate Secretary, the President, or board‐authorized persons could call a special meeting under Section 28 of the Corporation Code and MSC by-laws.
  • Subsequent Proceedings and Meetings
    • After investigations and SEC orders, three Annual Stockholders’ Meetings (April 20, 1998; April 19, 1999; April 17, 2000) ratified the December 1997 meeting’s acts, including removal and expulsion of Bernas, and approved other corporate actions.
    • SEC Securities and Investigation Clearing Department (SICD) initially held the 1997 meeting and the first two annual meetings invalid; SEC En Banc reversed for the 1998 and 1999 meetings but validated the special meeting.
    • Court of Appeals (CA) declared the 1997 special meeting invalid but upheld all acts at the 1998–2000 annual meetings except the ratification of removal and share sale.
    • Both groups filed separate Petitions for Review on Certiorari before the Supreme Court.

Issues:

  • Whether the Court of Appeals erred in declaring the 17 December 1997 Special Stockholders’ Meeting invalid.
  • Whether the Court of Appeals erred in upholding the Annual Stockholders’ Meetings of April 1998, April 1999, and April 2000.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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