Title
B.F. Goodrich Philippines, Inc. vs. Reyes, Sr.
Case
G.R. No. L-30067
Decision Date
Apr 19, 1983
B.F. Goodrich Philippines, Inc. contested retail business classification under RA 1180, as amended by PD 714. SC ruled its sales to industrial/commercial users non-retail, except to employees/officers, affirming lower court with modifications.

Case Summary (G.R. No. L-30067)

Case Background

B.F. Goodrich Philippines, Inc. initiated a declaratory relief proceeding against the Secretary of Commerce and Industry, Teofilo Reyes, Sr., contesting the applicability of a statute that prohibits certain businesses from engaging in retail sales directly to the general public. The company primarily manufactures rubber products such as automotive tires, tubes, batteries, and conveyor belts, which it sells primarily to dealers and distributors, but has also sold directly to various government entities and other organizations.

Legal Framework

Under Republic Act No. 1180, companies are restricted from entering the retail market unless they meet specific requirements. Goodrich argued it should be considered exempt from this ban, even as it admitted to selling directly to certain state government and private entities.

Pleas and Proceedings

During initial hearings, a preliminary injunction was requested, but the Office of the Solicitor General expressed the need for more time to formulate a position due to the significance of the case. A restraining order was issued by the court pending further deliberations. The principal defenses raised by Reyes included arguments pertaining to the ownership structure of Goodrich, particularly that it was not wholly owned by Filipino citizens, and thus should not be considered exempt.

Stipulation of Facts

The parties agreed to a stipulation of facts acknowledging that Goodrich sold its products to various large clientele, including automotive assembly plants and public utilities. The stipulation included an opinion from the Secretary of Justice indicating that a corporation with 99.99% Filipino ownership could retail under a leniency doctrine regarding minimal foreign ownership.

Court Decision

The lower court ultimately ruled that despite the stipulation affirming the company’s sales practices to large commercial entities, Goodrich was still subject to Republic Act No. 1180. The court focused on the nature of the transactions, emphasizing that many of Goodrich's customers were not final consumers but industrial buyers, which meant that a significant amount of its sales could not be classified as retail in the typical consumer sense.

Amendment and Affirmation

Further, the court noted the relevance of Presidential Decree No. 714, which clarified the definition of "retail business" to exclude certain types of bulk sale

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