Saturday, January 23, 2016

Wilson P. Gamboa vs. Finance Secretary Margarito B. Teves [GR No. 176579, June 28, 2011]

FACTS: Petitioner Wilson P. Gamboa, a stockholder of Philippine Long Distance Telephone Company (PLDT) filed the instant petition for prohibition, injunction, declaratory relief, and declaration of nullity of sale of 111,415 PTIC shares. Petitioner raises the following issues: (1) whether the consummation of the then impending sale of 111,415 PTIC shares to First Pacific violates the constitutional limit on foreign ownership of a public utility; (2) whether public respondents committed grave abuse of discretion in allowing the sale of 111,415 PTIC shares to First Pacific; and (3) whether the sale of common shares to foreigners in excess of 40 percent of the entire subscribed common capital stock violates the constitutional limit on foreign ownership of a public utility.

ISSUE: Whether or not a petition for declaratory relief can be treated as petition for mandamus

RULING: Yes. It is well-settled that the Supreme Court may treat a petition for declaratory relief as one for mandamus if the issue involved has far-reaching implications. As this Court held in Salvacion, the Court has no original and exclusive jurisdiction over a petition for declaratory relief. However, exceptions to this rule have been recognized. Thus, where the petition has far-reaching implications and raises questions that should be resolved, it may be treated as one for mandamus.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Wilson P. Gamboa vs. Finance Secretary Margarito B. Teves [GR No. 176579, June 28, 2011]"

Post a Comment