Title
Harden vs. Benguet Consolidated Mining Co.
Case
G.R. No. 37331
Decision Date
Mar 18, 1933
Balatoc stockholders sued Benguet for violating mining corporation laws, seeking to annul a contract and recover funds. The Supreme Court ruled plaintiffs lacked standing, as enforcement of public policy violations is reserved for the government, not private parties.

Case Summary (G.R. No. 37331)

Petitioner’s Claims and Relief Sought

– Annulment of a certificate for 600,000 shares of Balatoc Mining Company issued to Benguet Consolidated Mining Company
– Recovery of sums allegedly unlawfully collected by Benguet, with legal interest, less amounts legitimately expended under the March 9, 1927 development contract
– Annulment of the March 9, 1927 contract

Procedural History

– Trial Court (CI Manila) granted preliminary injunction preventing transfer or removal of 600,000 Balatoc shares
– Upon hearing, the trial court dismissed the complaint and dissolved the injunction, awarding costs against plaintiffs
– Plaintiffs appealed to the Supreme Court

Factual Background

  1. Benguet Consolidated Mining Co. formed June 1903 under Spanish sociedad anonima law; Balatoc Mining Co. formed December 1925 under Act No. 1459 (Corporation Law). Both engaged in gold mining in Benguet.
  2. Balatoc’s undeveloped property led to suspended operations July 31, 1926. A stockholders’ committee sought outside capital; A. W. Beam (president of Benguet) negotiated terms.
  3. March 9, 1927 Contract: Benguet to develop Balatoc’s mine, build a 100-ton-per-day mill (85% gold recovery), power plant and tramlines; in exchange, Balatoc would issue up to 600,000 shares (₱600,000 par value) as payment for advances.
  4. By May 31, 1929, Benguet had expended ₱1,417,952.15. It received a 600,000-share certificate; the ₱817,952.15 excess was paid in cash. Meanwhile, Balatoc shares rose to over ₱11 each.
  5. Plaintiffs, once supportive, filed suit seeking to void Benguet’s interest as unlawful under mining‐corporation prohibition, thereby enriching other Balatoc shareholders.

Applicable Law

– Philippine Bill (July 1, 1902): Section 75 originally prohibited any corporation or member thereof engaged in mining from interest in another mining corporation.
– Corporation Law (Act No. 1459, 1912): Incorporated Section 75’s prohibition in section 13(5) and treated Spanish sociedades anonimas under the new law.
– Act No. 3518 (Mar 1, 1929): Amended prohibition to limit members’ holdings to 15% of another mining corporation’s outstanding stock and confined corporate prohibitions to entities organized for mining or agriculture.
– Act No. 3518, Section 190(A) (Dec 3, 1928): Penal provision permitting only the Attorney-General or a provincial fiscal to pursue dissolution or criminal sanctions for statutory violations.
– Civil Code Article 1305: Permits an innocent party to recover consideration from an illegal contract

Issues Presented

  1. Whether private stockholders may maintain a civil action to annul the contract and share certificate based on alleged statutory violation by Benguet Consolidated Mining Company.
  2. Whether a Spanish‐law sociedad anonima like Benguet qualifies as a “corporation” under the mining‐corporation prohibition.

Court’s Analysis – Private Right of Action

– The prohibition reflects public policy governing mining rights; its enforcement is entrusted exclusively to public officers via criminal prosecution or quo warranto proceedings under Section 190(A).
– No civil remedy is provided to private parties; plaintiffs suffered no direct civil wrong. The mining plant and improvements cannot be unwound, and restoring money to Balatoc’s shareholde



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