Orchard Golf & Country Club v. Yu

G.R. No. 191033 · 2016-01-11 · J. PERALTA, J.: · Primary: Commercial; Secondary: Remedial
REITERATION

Facts

The Antecedents: Respondents Ernesto Yu and Manuel Yuhico attempted to play golf at The Orchard Golf & Country Club on a Sunday, May 28, 2000, as a twosome, which was against the Club's "no twosome" policy on weekends before 1:00 p.m. When denied permission by assistant golf director Francis Montallana, respondent Yu uttered invectives. Despite this, respondents proceeded to play without permission and without a tee time control slip, disregarding Club rules. Montallana filed a report, leading the Club's board of directors to suspend respondents from July 16 to October 15, 2000. Procedural History: Respondents filed petitions for injunction with the Securities Investigation and Clearing Department (SICD) of the Securities and Exchange Commission (SEC), which issued a Temporary Restraining Order (TRO) and later a preliminary injunction. The SEC guidelines, effective August 9, 2000, transferred jurisdiction to Regional Trial Courts (RTCs) and limited the effectivity of provisional remedies to August 8, 2000. The Club implemented the suspension on October 31, 2000, after the injunctions lapsed. Respondents filed a petition for indirect contempt, which led to an RTC order maintaining the status quo. Petitioners filed a certiorari with the Court of Appeals (CA), which reversed the RTC. Subsequently, respondents filed another motion for TRO/injunction with the Imus RTC, which issued a TRO and later a writ of preliminary injunction. This led to further certiorari petitions before the CA and the Supreme Court. The Supreme Court, in Yu v. The Orchard Golf & Country Club, Inc. (2007), denied petitions concerning the effectivity of SEC injunctions and the CA's issuance of a TRO. Meanwhile, the Imus RTC ruled in favor of respondents, declaring their suspension void and making the preliminary injunction permanent, awarding damages. Petitioners filed a Notice of Appeal, but realizing the proper mode was a petition for review under Rule 43, they filed an Urgent Motion for Extension of Time to File Petition for Review. The CA initially granted a 15-day period but later reconsidered and set aside its resolution, citing inapplicable cases. The RTC issued a Writ of Execution, and respondents received P9,200,000.00. The CA denied petitioners' motion for reconsideration, leading to the present petition. The Petition: The Petition seeks to annul and set aside the CA Resolutions dated September 16, 2009, and January 21, 2010, which reconsidered and set aside its January 15, 2009 Resolution granting petitioners a 15-day period to file a petition for review.

Issue(s)

Whether the Court of Appeals erred in setting aside its resolution granting petitioners a period to file a petition for review. Whether the respondents' suspension as Club members was valid. Whether respondents are entitled to moral damages, exemplary damages, attorney's fees, and costs of litigation.

Ruling

The Supreme Court granted the petition, annulled and set aside the CA Resolutions, dismissed the SEC Cases filed before the RTC, and ordered the respondents to return the P9,200,000.00 to the petitioners.

Ratio Decidendi

On the CA's setting aside of its resolution: The Court held that the CA erred in relying on LBP and Atty. Abrenica, which were inapplicable. Unlike those cases, the petitioners' delay of seven days in filing the Urgent Motion for Extension was excusable. They had filed a Notice of Appeal, candidly admitted their procedural error, and exerted earnest efforts to rectify it. The Court reiterated that while procedural rules are generally inviolable, they may be waived or dispensed with to serve substantial justice, especially when the appeal appears meritorious or when there are compelling reasons to relieve a litigant of an injustice. The Court noted that the CA could grant extensions under A.M. No. 04-9-07-SC, indicating the reglementary period is not unyielding. Furthermore, allowing the petition for review would not cause material prejudice to the respondents. On the validity of the suspension: The Court found that respondents committed transgressions to the Club's rules and regulations, including the "no twosome" policy and teeing off without a required slip, and respondent Yu uttered derogatory remarks. The Court found no merit in the respondents' claims that the "no twosome" policy was relaxed, as their evidence was not concrete. The Court also addressed procedural arguments regarding the required vote for suspension, explaining that an apparent oversight in the By-laws regarding the number of directors did not invalidate the suspension, especially since the Club should not be powerless to discipline its members. The Court concluded that respondents were given due notice and opportunity to be heard, and their suspension was in accordance with the Club's procedures. On damages: The Court ruled that there was no factual and legal basis to grant moral and exemplary damages, attorney's fees, and costs of suit. The Court explained the concept of damnum absque injuria, stating that damage without injury, or injury without damage, does not constitute a cause of action. The Court found that the respondents failed to prove by preponderance of evidence any fault or negligence on the part of the petitioners. The mental anguish respondents allegedly experienced was brought upon them by their own deliberate violation of Club rules. Since the suspension was valid, the Club had no obligation to compensate them, and the penalty served to protect the Club's interests.

Main Doctrine

The Supreme Court reiterated that while procedural rules are generally inviolable, they may be waived or dispensed with to serve substantial justice, especially when the appeal appears meritorious or when there are compelling reasons to relieve a litigant of an injustice. The Court found that the petitioners' procedural misstep, a delay of seven days in filing the petition for review, was excusable and did not cause material prejudice to the respondents, thus warranting the relaxation of the rules.

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