Title
Co Sr. vs. The Philippine Canine Club, Inc.
Case
G.R. No. 190112
Decision Date
Apr 22, 2015
PCCI members expelled for joining rival kennel club AKCUPI challenged amended By-laws; SC granted injunction for threatened members, denied for expelled.

Case Digest (G.R. No. 190112)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
  • The Philippine Canine Club, Inc. (PCCI) is a non-stock, non-profit entity promoting purebred dogs; petitioners (Co, Cruz, Alegado, J. Ongchuan, Jester, Cham) are non-voting members.
  • In 2008, the Asian Kennel Club Union of the Philippines, Inc. (AKCUPI) was formed; petitioners registered their dogs with AKCUPI.
  • Amended By-Laws and SEC Approval
  • On May 17, 2008, PCCI amended Article VI (Suspension, Expulsion, Termination) to bar members from affiliating with “prejudicial” organizations.
  • The Securities and Exchange Commission approved the Amended By-Laws on August 22, 2008.
  • PCCI’s Disciplinary Actions
  • PCCI’s Board suspended Co, Cruz, Alegado, and Jester and sent expulsion notices dated December 15, 2008.
  • Joseph Ongchuan and Lucianne Cham were threatened with the same sanctions but not formally suspended or expelled.
  • RTC Proceedings and Injunctive Relief
  • On January 7, 2009, petitioners filed for annulment of the Amended By-Laws, damages, and injunctive relief; RTC Branch 93 granted a TRO on January 14, 2009.
  • On February 4, 2009, RTC issued a Writ of Preliminary Injunction restraining PCCI from enforcing the Amended By-Laws against all petitioners, upon P200,000 bond.
  • CA Proceedings
  • PCCI filed a petition for certiorari with the Court of Appeals (CA), which on June 15, 2009, reversed the RTC, ruling injunctive relief was tainted by grave abuse of discretion.
  • The CA held that, being consummated, the enforcement of the Amended By-Laws and penalties could no longer be enjoined; its denial of reconsideration was dated October 29, 2009.

Issues:

  • Whether a writ of preliminary injunction may enjoin enforcement of the PCCI Amended By-Laws and expulsion/suspension already implemented.
  • Whether Dayrit v. Delos Santos, allowing injunction of continuing acts, applies when some acts (suspension/expulsion) are completed and others are only threatened.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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