Title
Pardo vs. Hercules Lumber Co., Inc.
Case
G.R. No. 22442
Decision Date
Aug 1, 1924
Stockholder Antonio Pardo sought to inspect Hercules Lumber Company's records but was denied. The Supreme Court ruled that the board's 10-day inspection limit violated statutory rights, granting Pardo access at reasonable hours regardless of motive.

Case Digest (G.R. No. 22442)
Expanded Legal Reasoning Model

Facts:

  • Parties and Nature of the Case
    • The petitioner, Antonio Pardo, is a stockholder of the Hercules Lumber Company, Inc., one of the respondents.
    • Respondents include the Hercules Lumber Company, Inc. and Ignacio Ferrer, the acting secretary of the company.
    • Antonio Pardo seeks a writ of mandamus from the Supreme Court compelling the respondents to allow him and his authorized agent to examine the company’s records and business transactions.
  • Petitioner's Allegations and Respondents' Answer
    • Petitioner claims the right to inspect the company records as a stockholder under Section 51 of Act No. 1459.
    • Respondents admit the petitioner’s status as stockholder but deny the right to unrestricted inspection of the records.
    • Respondents rely mainly on the corporation’s By-laws, specifically Article 10, which states that shareholders may examine company books only on days fixed annually by the board of directors.
    • The board of directors passed a resolution on February 16, 1924, setting the inspection period from March 15 to March 25, 1924, during “appropriate hours.”
    • Respondents contend that the refusal to allow inspection outside this period is lawful and that petitioner waived his right by not inspecting within the specified days.
    • Respondents further allege the petitioner intends to use the information for ulterior motives related to competing business interests and a pending legal action against the company based on a former employment contract.

Issues:

  • Whether the petitioner, as a stockholder, has the right under the law to inspect the corporate records and business transactions through himself or an authorized agent.
  • Whether the corporation’s By-law and the board of directors’ resolution restricting inspection to certain fixed days is a lawful limitation on the statutory right to inspect.
  • Whether the alleged ulterior motives of the petitioner affect his right to inspect corporate records.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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