Title
Supreme Court
Ching vs. Quezon City Sports Club, Inc.
Case
G.R. No. 200150
Decision Date
Nov 7, 2016
A club member’s privileges were suspended for nonpayment of a special assessment without proper notice or hearing, violating due process, but no bad faith was proven. Nominal damages were awarded.

Case Digest (G.R. No. 200150)
Expanded Legal Reasoning Model

Facts:

  • Parties and Membership
    • Petitioners
      • Lorenzo and Catherine Ching (spouses) and their children Laurence and Christine Ching.
      • Catherine became a member of Quezon City Sports Club, Inc. in 1989; membership extended to immediate family.
    • Respondents
      • Quezon City Sports Club, Inc. (“Club”).
      • Board of Directors: Antonio T. Chua, Margaret Mary A. Rodas, Alejandro G. Yabut, Jr., Robert C. Gaw, Edgardo A. Ho, Romulo D. Sales, Bienvenido Alano, Augusto E. Orosa.
      • Finance Manager: Lourdes Ruth M. Lopez.
  • Special Assessment and Delinquency
    • Labor Judgment and Resolution No. 7-2001 (Sept. 20, 2001)
      • Final judgment against Club for illegal dismissal awarded ₱4,433,550.00; writ of execution served Sept. 19, 2001.
      • Board Resolution No. 7-2001 imposed a special assessment of ₱2,500.00 per member, payable in five monthly installments of ₱500.00.
      • Catherine was notified by letter dated Sept. 25, 2001; statements of account from September 2001 to January 2002 showed ₱500.00 debits and general notices of automatic suspension for past‐due accounts.
    • Non-payment and Suspension
      • Catherine paid short of full installments from Sept. 2001 to May 2003, leaving a ₱2,500.00 balance.
      • Board Resolution No. 3-2002 (Apr. 18, 2002) suspended privileges of members who failed to pay the special assessment.
      • On May 22–23, 2003, Laurence and Catherine were refused services; Catherine received copies of Resolutions 7-2001 and 3-2002 and a May 22, 2003 memorandum listing suspended members (her name highlighted and posted).
      • Catherine sent a demand letter May 24, 2003; respondents replied May 29, 2003 denying defamation.
    • Complaint and Prior Proceedings
      • Petitioners filed a complaint for damages on July 7, 2003 citing Articles 19–21, Civil Code.
      • Trial evidence: Catherine paid under protest on July 13, 2003; alleged harassment continued; Board Resolution No. 10-2006 expelled Catherine (notice Nov. 20, 2006).
      • RTC Decision (May 23, 2008)
        • Held assessment valid under business judgment rule; no bad faith in imposition.
        • Found violation of By-Laws Section 35(a) in suspension without notice or hearing.
        • Awarded moral damages ₱200,000.00, exemplary damages ₱50,000.00, attorney’s fees ₱50,000.00, and costs.
      • CA Decision (June 27, 2011)
        • Applied By-Laws Section 33(a), allowing automatic suspension upon notice in statements.
        • Found no bad faith, hearsay cancels trainer’s testimony; dismissed complaint and counterclaims.
      • Petitioners’ Rule 45 petition to the Supreme Court.

Issues:

  • Which By-Laws provision governs suspension for non-payment of the special assessment: Section 33(a) (automatic suspension of ordinary bills) or Section 35(a) (suspension after notice and hearing for violation of resolutions)?
  • Whether respondents acted in bad faith or with malice in suspending Catherine and posting/highlighting her name.
  • Whether the testimony of Roland Dacut regarding instructions to avoid playing with petitioners is hearsay and without probative value.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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