Case Summary (G.R. No. 190112)
Petitioners
Primo Co, Sr.; Edgardo Cruz; Fe Lanny L. Alegado; Jester B. Ongchuan; Joseph Ongchuan; and Lucianne Cham.
Respondent
Philippine Canine Club, Inc. (PCCI).
Key Dates
• May 17, 2008 – PCCI amends its by-laws without participation of non-voting members.
• August 22, 2008 – Securities and Exchange Commission (SEC) certifies effectiveness of the amended by-laws.
• December 15, 2008 – PCCI’s Board orders suspension and expulsion letters issued to petitioners Co, Cruz, Alegado, and Jester; threats extended to Joseph and Cham.
• January 7, 2009 – Petitioners file for annulment of the amended by-laws, injunction, damages, and apply for temporary restraining order (TRO) and writ of preliminary injunction before the Regional Trial Court (RTC), Quezon City.
• January 14, 2009 – RTC grants TRO.
• February 4, 2009 – RTC issues writ of preliminary injunction.
• June 15, 2009 – Court of Appeals (CA) reverses RTC.
• October 29, 2009 – CA denies petitioners’ motion for reconsideration.
• April 22, 2015 – Supreme Court renders decision.
Applicable Law
1987 Philippine Constitution; Corporation Code of the Philippines (Section 6 on member amendments); Rule 58 on provisional remedies; Rule 45 on certiorari; and established jurisprudence on injunctive reliefs.
Factual Background
The petitioners joined AKCUPI while remaining PCCI members. PCCI amended Article VI of its by-laws to expand grounds for suspension and expulsion, including “direct or indirect participation” in organizations deemed prejudicial. SEC approval followed. PCCI’s Board then suspended and expelled four petitioners and threatened similar sanctions against Joseph and Cham, citing their AKCUPI affiliations. The petitioners challenged the amendments’ validity and sought injunctive relief to prevent enforcement of the amended by-laws and disciplinary actions.
Issues
- Whether a court may enjoin enforcement of by-laws amendments and disciplinary measures already in effect or implemented.
- Whether injunctive relief under Dayrit v. Delos Santos applies when some acts are already consummated and others remain threatened.
Court’s Ruling
The Supreme Court held that a preliminary injunction is a preservative remedy designed solely to maintain the status quo pending final adjudication. Acts already consummated—here the suspension and expulsion of Co, Cruz, Alegado, and Jester—cannot be restrained by injun
...continue readingCase Syllabus (G.R. No. 190112)
Facts of the Case
- The Philippine Canine Club, Inc. (PCCI) is a non-stock, non-profit organization established in 1963 to promote the breeding of purebred dogs in the Philippines.
- Petitioners Primo Co, Sr., Edgardo Cruz, Fe Lanny L. Alegado, Jester B. Ongchuan, Joseph Ongchuan, and Lucianne Cham were non-voting members of PCCI.
- In 2008, petitioners affiliated with the newly formed Asian Kennel Club Union of the Philippines, Inc. (AKCUPI), registering their dogs for shows and events.
- On May 17, 2008, PCCI’s Board amended its By-laws—without involving non-voting members—then secured SEC approval on August 22, 2008.
- Key Amendment (Article VI, Sections 6.1 & 6.2): Allowed suspension or expulsion of any member for “conduct prejudicial to the best interest” of PCCI and included membership in rival organizations.
- PCCI’s Board promptly suspended Co, Cruz, Alegado, and Jester for registering with AKCUPI, stripped Co’s dog of its title, and prevented Cruz from judging shows.
- By December 15, 2008, PCCI expelled Co, Cruz, and Jester by letter; allegedly advised Alegado of her expulsion; and threatened similar sanctions against Joseph and Cham.
Procedural History before the RTC
- January 7, 2009: Petitioners filed Civil Case No. Q-09-207 for annulment of the Amended By-laws, damages, and a TRO/preliminary injunction.
- Petitioners argued the amendments violated Section 6 of the Corporation Code for lack of vote by non-voting members.
- January 14, 2009: RTC granted TRO.
- February 4, 2009: RTC issued Writ of Preliminary Injunction restraining PCCI from implementing the Amended By-laws or enforcing suspensions/expulsions against all petitioners.
- Injunctive bond set at ₱200,000; prior TRO bond of ₱100,000 dissolved.