Saturday, October 5, 2013

PUYAT, ET. AL. vs. DE GUZMAN JR., ET. AL. G.R. No. L-51122, 25 March 1982 Case Digest

The suit is for Certiorari and Prohibition with Preliminary Injunction poised against the Order of respondent Associate Commissioner of the Securities and Exchange Commission (SEC), Hon. Sixto T. J. De Guzman, Jr., granting Assemblyman Estanislao A. Fernandez leave to intervene in a SEC Case.

FACTS:

On 14 May 1979, an election for the eleven Directors of the International Pipe Industries (IPI), a private corporation, was held – six of the elected directors were herein petitioners that may be called the Puyat Group, while the other five were herein respondents, the Acero Group. Thus, the Puyat Group would be in control of the Board and of the management of IPI.

On 25 May 1979, the Acero Group instituted at the SEC quo warranto proceedings questioning the election.

Conferences were held on 25-31 May 1979 and the Puyat Group objected on Constitutional grounds the appearance of Justice Estanislao Fernandez, then a member of the Interim Batasang Pambansa, as counsel for the Acero group. Section 11, Article VIII, 1973 Constitution, then in force, provided that no Assemblyman could "appear as counsel before xxx any administrative body" and SEC was an administrative body. The prohibition being clear, Assemblyman Fernandez did not continue his appearance.

When SEC Case was called on 31 May 1979, it turned out that Assemblyman Fernandez had purchased on 15 May 1979 ten shares of IPI stock for Php200.00, but the deed of sale was notarized only on 30 May 1979. He then filed on 31 May 1979 an Urgent Motion for Intervention in the SEC Case as the owner of 10 IPI shares alleging legal interest in the matter in litigation, which motion was granted by the SEC Commissioner.

ISSUE:

Whether or not Assemblyman Fernandez, in intervening in the SEC Case, is in effect appearing as counsel, albeit indirectly, before an administrative body in contravention of the Constitutional provision.

RULING:

The Court en banc ruled that ordinarily, by virtue of the Motion for Intervention, Assemblyman Fernandez cannot be said to be appearing as counsel. His appearance could theoretically be for the protection of his ownership of ten (10) IPI shares.

However, certain salient circumstances militate against the intervention of Assemblyman Fernandez. He had acquired a mere Php200.00 worth of stock in IPI. He acquired them "after the fact", that is, on 30 May 1979, after the contested election of Directors, after the quo warranto suit had been filed, and one day before the scheduled hearing of the case before the SEC. And what is more, before he moved to intervene, he had signified his intention to appear as counsel for the Acero group, but which was objected to by petitioners Puyat group. Realizing, perhaps, the validity of the objection, he decided, instead, to "intervene" on the ground of legal interest in the matter under litigation.

Under those facts and circumstances, there has been an indirect appearance as counsel before an administrative body, which is a circumvention of the Constitutional prohibition. The "intervention" was an afterthought to enable him to appear actively in the proceedings in some other capacity.

A ruling upholding the "intervention" would make the constitutional provision ineffective. All an Assemblyman need do, if he wants to influence an administrative body is to acquire a minimal participation in the "interest" of the client and then "intervene" in the proceedings. That which the Constitution directly prohibits may not be done by indirection or by a general legislative act which is intended to accomplish the objects specifically or impliedly prohibited.

Thus, the intervention of Assemblyman Fernandez in the SEC Case falls within the ambit of the prohibition contained in the 1973 Constitution. Respondent Commissioner's Order granting Assemblyman Fernandez leave to intervene in the SEC Case was reversed and set aside.

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