Title
Makati Stock Exchange, Inc. vs. Securities and Exchange Commission
Case
G.R. No. L-23004
Decision Date
Jun 30, 1965
Makati Stock Exchange challenged SEC's rule prohibiting double listing, arguing it created a monopoly for Manila Stock Exchange. Supreme Court ruled SEC lacked authority, deeming the rule discriminatory and unnecessary for public interest, approving Makati's operation without the condition.

Case Digest (G.R. No. L-23004)
Expanded Legal Reasoning Model

Facts:

  • Case Background
  • Makati Stock Exchange, Inc. (Makati) petitions for review of a Securities and Exchange Commission (SEC) resolution denying it permission to operate a stock exchange unless it agrees not to list securities already on the Manila Stock Exchange (MSE).
  • Makati contends the SEC lacks power to impose this “no double-listing” rule and that it is illegal, discriminatory, and effectively prohibitive.
  • Statutory Framework
  • Under the Securities Act (Commonwealth Act No. 83, as amended), no stock exchange may operate without prior SEC registration by filing a statement as required by Section 17.
  • The SEC’s challenged rule provides: “nor shall a security already listed in any securities exchange be listed anew in any other securities exchange.”
  • Commission’s Rationale and Effects
  • The SEC asserts the rule serves the public interest, ensures uniform trading regulations, and protects investors by avoiding price disparities.
  • In practice, as MSE was the sole operating exchange, the rule would prevent Makati from listing any significant securities, rendering its operation commercially unviable.

Issues:

  • Does the SEC have statutory authority to impose a prohibition against listing securities already on another exchange as a condition for registration?
  • Is the “no double-listing” rule legal, discriminatory, or violative of constitutional rights (equal protection, freedom of trade, investors’ choice)?
  • Can the doctrine of res judicata bar Makati’s challenge, given it did not appeal an earlier SEC “conditional approval” order of May 27, 1963?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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