- Petitioner
- Cebu Country Club
- Respondent
- Ricardo F. Elizagaque
- Citation
- G.R. No. 160273
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Sandoval-Gutierrez, J.
- Decided
- January 18, 2008
Summary
This case involves Cebu Country Club, Inc. and its directors' liability for damages due to bad faith disapproval of Ricardo Elizagaque's proprietary membership application. Elizagaque, designated by San Miguel Corporation as special non-proprietary member, applied for proprietary membership in 1996 and purchased a share for P3 million. The Board disapproved his application in July 1997 using a secret ballot system requiring unanimous approval, but failed to inform him of this requirement as the amended by-law was not printed on the application form. Despite multiple reconsideration letters, CCCI remained silent. The Supreme Court found petitioners violated Civil Code Articles 19 and 21 on human relations, acting arbitrarily and in bad faith. The Court awarded reduced damages of P50,000 moral damages, P25,000 exemplary damages, and P75,000 total for attorney's fees and litigation expenses, establishing joint and several liability under Corporation Code Section 31.