Title
Co Sr. vs. The Philippine Canine Club, Inc.
Case
G.R. No. 190112
Decision Date
Apr 22, 2015
A dispute arises between members of a canine club and the club itself over amended by-laws and the expulsion of certain members, leading to a court ruling that a writ of preliminary injunction was improper for the expelled members but granted for those who were only threatened with sanctions.
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Case Digest (G.R. No. 190112)

Facts:

  • The case involves a dispute between members of the Philippine Canine Club, Inc. (PCCI) and the organization itself.
  • PCCI is a non-stock, non-profit organization established in 1963 to promote the breeding of purebred dogs.
  • Petitioners Primo Co, Sr., Edgardo Cruz, Fe Lanny L. Alegado, Jester B. Ongchuan, Joseph Ongchuan, and Lucianne Cham were members of PCCI.
  • In 2008, the Asian Kennel Club Union of the Philippines, Inc. (AKCUPI) was established and began holding dog shows similar to those conducted by PCCI.
  • Petitioners registered their dogs with AKCUPI, believing there was no conflict between the goals of PCCI and AKCUPI.
  • On May 17, 2008, PCCI amended its By-laws without the participation of its non-voting members, including the petitioners.
  • The amendments included provisions for the suspension and expulsion of members for conduct prejudicial to PCCI's interests.
  • PCCI's Board of Directors subsequently suspended and expelled several petitioners for registering their dogs with AKCUPI.
  • Petitioners filed a case for Annulment of the Amended By-laws, Injunction, and Damages with the RTC of Quezon City, which granted a writ of preliminary injunction.
  • The Court of Appeals (CA) reversed this decision, leading to the present petition for review on certiorari.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court partly granted the petition for review on certiorari.
  • The relief of preliminary injunction was granted with respect to petitioners Joseph Ongchuan and Lucianne Cham, who were only threatened with sanctions.
  • The relief was denied for petitioners Pri...(Unlock)

Ratio:

  • A preliminary injunction is a preservative remedy aimed at protecting certain substantive rights and interests during the pendency of the principal action.
  • It is not intended to correct past wrongs or redress injuries already sustained.
  • The Court found that the CA erred in its factual findings, as not all petitioners were expelled or suspended at the time of the issuance of the writ of preliminary injunct...continue reading

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