Title
Supreme Court
Philippine Associated Smelting and Refining Corp. vs. Lim
Case
G.R. No. 172948
Decision Date
Oct 5, 2016
PASAR sought injunction to block shareholders from inspecting corporate records; Court ruled injunction improper, upheld shareholders' statutory right via mandamus.

Case Digest (G.R. No. 172948)
Expanded Legal Reasoning Model

Facts:

  • Parties and Corporate Structure
    • Philippine Associated Smelting and Refining Corporation (PASAR)
      • A corporation duly organized under Philippine laws engaged in copper smelting and refining.
    • Respondents Pablito O. Lim, Manuel A. Agcaoili, and Consuelo M. Padilla
      • Former senior officers of PASAR; each holds 500 shares as stockholders.
  • Proceedings Below
    • Petition for Injunction (February 4, 2004)
      • PASAR filed an Amended Petition for Injunction and Damages with prayer for Preliminary Injunction/Temporary Restraining Order to restrain respondents from inspecting “confidential and inexistent” records.
    • Preliminary Injunction Issued by RTC (April 14, 2004)
      • RTC–Pasig City granted the writ, enjoining respondents from accessing records classified by PASAR as confidential or inexistent, pending further determination.
      • PASAR posted a bond of P500,000.00.
    • Respondents’ Motion for Dissolution of Injunction (May 26, 2004)
      • Argued insufficiency, lack of irreparable injury, and that the right to inspect belongs to stockholders, not PASAR.
    • RTC Order Denying Dissolution and Dismissal Motions (January 10, 2005)
      • Denied Motion to Dismiss as prohibited under Interim Rules on Intra-Corporate Controversies.
      • Denied Motion for Dissolution, finding potential ineffectual final judgment absent injunction.
    • Petition for Certiorari to the Court of Appeals (CA-GR SP No. 88975)
      • Respondents questioned the propriety of the preliminary injunction.
      • CA lifted and canceled the injunction (Decision dated January 24, 2006; Resolution dated May 18, 2006), holding that the proper remedy for enforcement of inspection rights is mandamus by the stockholder, not injunction by the corporation.
    • Petition for Review on Certiorari to the Supreme Court (G.R. No. 172948)
      • PASAR sought reversal of CA decision and reinstatement of injunction; prayed also for TRO/status quo and further reliefs.
      • SC denied application for TRO (Resolution, July 19, 2006); parties filed comments and memoranda; SC submitted case for decision.

Issues:

  • Availability of Injunctive Relief
    • Whether a corporation may file an action for injunction to restrain its own stockholders from inspecting corporate records.
  • Proper Procedure and Remedy
    • Whether the stockholders’ remedy to enforce inspection rights is exclusively mandamus or may include corporate-filed injunction.
    • Whether the CA erred in cancelling the preliminary injunction by certiorari instead of via a motion to dissolve under Rule 58, Section 6 of the Rules of Court.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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