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                                                    31\epublir of tbe i)bilippinrs
                                                          ~upreme               QI:ourt
                                                                     Jmanila
                                                                   EN BANC
                                                                  NOTICE
                      Sirs/Mesdames:
                           Please take notice that the Court en bane issued a Resolution dated
                      August 26, 2014, which reads as follows:
                              G.R. No. 210885 (James Mark Terry L. Ridon imd Jonas Julius
                      Caesar N. Azura " AXN Networks Philippines, Inc., Securities and
                      Exchange Commission, National Telecommunications Commission, and
                      Movie and Television Review. and Classification Board); G.R. No. 210886
                      (James Mark Terry L. Ridon and Jonas Julius Caesar N. Azura " Fox
                      International Channels Philippines Corporation, Securities and Exchange
                      Commission, National Telecommunications Commission and Movie and
                      Television Review and C/ass~fication Board). - In these two (2)
                                             1
                      consolidated petitions filed under Rule 65 of the Rules of Court, the Court
                      is being called to decide whether the Securities and Exchange Commission
                      (SEC) failed in performing its statutory duty of enforcing the nationality
                      requirements, 2 prescribed in Section 11, Article XVI of the Constitution, on
                      the ownership and management of mass media and those that are engaged in
                      the advertising agency when it granted franchises through the issuance of
                      certificates of registration 3 in favor of AXN Networks Philippines, Inc.
                      (AXN) and Fox International Channels Philippines Corporation (FOX).
                              Petitioners James Mark Terry L. Ridon (Rep. Ridon), a member of
                      the House of Representatives and the Integrated Bar of the Philippines (IBPJ
                      and Atty. Jonas Julius Caesar N. Azura (Atty. Azura), also a member of the
                      IBP, allege that the SEC effectively allowed AXN and FOX to engage as
                      mass media and advertising entities despite being 99.99o/o controlled by
                      aliens, thus, violating the constitutionally prescribed foreign ownership
                      restrictions on nationalized industries.
                      1
                        Rollo (G.R. No. 210885). pp. 3-32: rollo ((i R. No. 210886). pp. 3-34.
                      'Heirs o(Gamboa ,._Teves. el al .. (i.R. No. 176579 . .lune 28. 2011.652 SCRA 690. 743.
                      ' Rollo (G. R. No. 2 I 0885 ). p. 36; rollo. (G. R. No. 210886 ). p. 38.
                                                                                                                f
                                     RESOLUTION                                              2            G.R. Nos. 210885 & 210886
.                    l        !       ( ; .l -,:;   ~. ~ ...
  .. ~ ..:.: "'::-.A~.~~ :,:''The.. J 987 Constitution embodies the policy of Filipinization as a
'
          1
         ;, : . '. ' .. continuing expression of the collective sense of nationalism that sprung in
                            :   
                          the early days of the Republic. 4 It prohibits and/or limits the participation of
          '~
  .. ,. :1 ..
              ..
               ~.
                    . ~- al~e.ns .il'.l .epterprises considered sensitive and vital to both the national
                       - eeonomy~~d national security. Thus, paragraph 1, Section 11 of Article
                          XVI of the Constitution5 restricts the ownership and management of mass
                          media to citizens of the Philippines, or to corporations, cooperatives or
                          associations, wholly-owned and managed by such citizens. Paragraph 26 of
                          the same article likewise restricts engagement in the advertising industry to
                          Filipino citizens or corporations or associations with at least seventy per
                          centum of its capital owned by such citizens.
                                     The Factual Antecedents
                                           In his privilege speech, 7 labeled by the media as the "State of
                                     Philippine Cable Television" 8 and delivered on January 27, 2014 before the
                                     House of Representatives, petitioner Rep. Ridon accused foreign-dominated
                                     companies, specifically AXN and FOX, of "encroaching upon protected
                                     industries including the mass media and the advertising. He said that based
                                    on the last documents submitted to the Securities and Exchange Commission
                                     (SEC), corporations, xxx xxx xxx including those abovementioned, have
                                    foreign shares which constitute 99.99 percent of ownership-a clear
                                    violation of the Constitution' [that) xxx xxx xxx these corporations cannot be
                                    allowed to engage in mass media by providing programming content to
                                    CATV operators or engaging in advertising pursuant to the limitation under
                                    the 1987 Constitution and other statutes governing the mass media
                                    industry. 9" Thus, he said that "{t]he failure of government regulation over
                                    4
                                        Heirs of Gamboa v. Teves, et al., supra note 2, citing Bernas, The Constitution of the Republic of the
                                      Philippines, p. 452, citing Smith, Bell and Co. v. Natividad, 40 Phil. 136, 148 (1919); Luzon Stevedoring
                                     Corporation v. Anti-Dummy Board, 150-B Phil. 380 (1972).
                                     5
                                     The 1987 Constitution, Art. XVI, Sec. 11, par. 1. The ownership and management of mass media shall be
                                      limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and
                                     managed by such citizens.
                                     The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so
                                     requires. No combinations in restraint of trade or unfair competition therein shall be allowed.
                                     6
                                        The 1987 Constitution, Art. XVI, Sec. 11, par. 2. The advertising industry is impressed with public
                                     interest, and shall be regulated by law for the protection of consumers and the promotion of the general
                                     welfare.
                                     Only Filipino citizens or corporations or associations at least seventy per centum of the capital of which is
                                     owned by such citizens shall be allowed to engage in the advertising industry.
                                     7
                                           III    Record,      House      16th    Congress      1st   Session     6      (January    27,    2014)
                                     http://www.congress.gov.ph/download/congrec/16th/lst/16C IRS-40-012714.pdf; Last visited August 19,
                                     2014.
                                     8
                                        Lawmaker slaps AXN, Fox with pile ofraps
                                       <http://www.manilatimes.net/lawmaker-slaps-axn-fox-with-pile-of-raps/75237/> Last visited August 19,
                                     2014.
                                     9
                                           III    Record,      House      16th    Congress      151   Session     7      (January    27,    2014)
                                     <http://www.congress.gov.ph/download/congrec/l 6th/1 st/16C_ l RS-40-012714.pdt> Last visited August
                                     19, 2014.
                                                                                                                                                     ~
 RESOLUTION                                       3          G.R. Nos. 210885 & 210886
 the activities of these corporations has allowed these corporations to
 directly compete with legally existing domestic corporations engaged in
 similar activities in the mass media industry. Big cable operators may not
 have any problem with this, but what about the hundreds of other small local
 cable TV operators and local content providers and advertisers?" 10
        Fearing "that the direct but unwarranted competition of these
foreign-owned corporations with legally existing domestic corporations,
engaged in similar activities poses threats to the continuing viability of
constitutionally protected domestic industries and employment of their
thousands of workers," Rep. Ridon urged the House of Representatives "to
investigate the state of compliance of the cable television industry, including
CATV operators and programming content providers, with the nationality
restrictions ofthe 1987 Constitution and other existing statutes." 11
       On February 7, 2014, Rep. Ridon and Atty. Azura formally brought
the issue to the attention of the Court through the filing of these consolidated
petitions. The petitioners believe that the failure of AXN and FOX to fulfill
the minimum nationality requirements should have prevented the SEC from
issuing the pertinent certificates of registration for being contrary to the
Constitution.
       According to the petitioners, AXN and FOX were given by the SEC
the authorization to engage in mass media and advertising despite being
99.99% controlled by aliens. As the pertinent General Information Sheets 12
would show, AXN is 99.99 % owned by South Asian Regional Investments,
Inc., an entity organized under the laws of the State of Delaware, U.S.A.;
and FOX is 99.99% owned by Star Television Advertising Ltd., an entity
organized under the laws of the British Virgin Islands.
       Under AXN's Amended Articles of Incorporation (AO!), 13 which was
approved by the SEC on January 20, 2012, its primary purpose was "[t]o
buy or sell for its own account or as agent, television advertising time for
television companies and to conduct promotional and other similar
activities for that purpose." 14 One of its secondary purposes was "[t]o deal
and engage in, for its own account, on commission or for such fees as may
be proper and legal, any lawful arrangements and agreements involving the
use of television airtime by television operators such as but not limited to
10
        III    Record,    House     16th    Congress     1st   Session     7 (January 27,  2014)
<http://www.congress.gov.ph/download/congrec/16th/1st/16C_1RS-40-012714.pdf> Last visited August
19, 2014.
'l     III     Record,   House      16th    Congress     1st   Session     7 (January 27,  2014)
<http://www.congress.gov.ph/download/congrec/16th/1st/16C_1RS-40-012714.pdf> Last visited August
19,2014.                                                     '
12
   Rollo (G.R. No. 210885), pp. 48-54; rollo (G.R. No. 210886), pp. 59-64.
13
   Rollo (G.R. No. 210885), pp. 39-44.
14
   Id. at 39. [Emphases ours]
                                                                                                   ff
          RESOJ,UTION                                             4         G.R. Nos. 210885 & 210886
          carriage agreements, and to provide marketing, promotional, support,
                                                        15
          and other similar services for this purpose."
                   On the other hand, FOX, based on its Amended AOl 16 which was
          approved by the SEC on November 17, 2010, was organized primarily "[t]o
          provide consulting, liaison, marketing and promotional, after-sales,
          technical and training services to cable and television operators." Secondary
          to that purpose, Fox was to provide advertising, sponsorship and related
               . .     17
          ac t 1v1tes.
             To the petitioners, the authority conferred under the issued AO!s to
      AXN and FOX should not have been given in the first place, as it runs afoul
      of the Constitutional proscription on alien domination of mass media and
      advertising. Hence, as taxpayers and Filipino citizens, the petitioners pray
      that the Court:
                  111 Declare null and void the SEC issuance of the certificates of
                 registration to            AXN        and        FOX      for      being   patently
                 unconstitutional;
                 12 JOrder the SEC to suspend or revoke the said certificates;
                 131 Enjoin and prohibit AXN and FOX from continuing to
                 operate under the said certificates;
                 141 Enjoin and prohibit the SEC from issuing any further
                 certificates to applicants that fail to comply with the
                 requirements on ownership provided under the Constitution;
                 and
                 151 Enjoin and prohibit the National Telecommunications
                 Commission (NTC) and the Movie and Television Review and
                 Classification Board (MTRCB) from allowing the airing of all
                 cable channels bearing content illegally distributed and/or
                 produced by AXN and FOX. 18
                                                             19
      In their consolidated Comment, the SEC, the NTC and the MTRCB,
through their counsel, the Office of the Solicitor General (OSG). disagree
and pray for the dismissal of the petitions. AXN and FOX, in their
1
  '       lei. [Emphasis ours]
11
      '   Rollo (G.R. No. 210886). pp. 41-50.
17        lei.
18
          Rollo (G.R. No. 210885). pp. 29-30; rollo (G.R. No. 210886). pp. 31-32.
19
                                                                                                       r
          Rn/In (G. R. No. 2 I0885 ). pp. 234-281.
 RESOLUTION                                                 5          G.R. Nos. 210885 & 210886
                                                            21
 Opposition 20 and Comment/Opposition,                           similarly pray that the petitions be
 dismissed for the following reasons:
             [1] The petitioners failed to first exhaust all available
             administrative remedies before the SEC, the NTC and the MTRCB;
             [2] Assuming that the failure to exhaust remedies may be excused,
             the petitioners still palpably disregarded the principle of hierarchy
             of courts;
             [3] There is no justiciable controversy that is ripe for judicial
             adjudication in the present case;
             [4] The petitioners lack the requisite legal standing to file the
             petitions;
            [5] The petitioners are not entitled to an injunction, as they have no
            right in esse that warrants immediate protection from the courts;
            there will be no irreparable injury that will result even if injunction
            is denied; if the injunction is granted, it would be tantamount to
            prejudgment on the merits of the case; if it is the government that is
            being enjoined from implementing an issuance that enjoys the
            presumption of validity, the discretion in granting or denying
            applications for injunctive writs must be exercised with utmost
            caution; and
             [6] Lastly, the nationality requirements under the Constitution do
            not apply, because AXN and FOX are not engaged in mass media or
            the advertising business. 22
      In addition, the respondents insist that the ownership restriction under
the Constitution does not apply to them, as they do not broadcast signals to
the public. Thus, they cannot be considered as mass media entities.
       Furthermore, they assert the inapplicability of the 70:30 nationality
rule as they are not engaged in the business of advertising.
                                                The Issue
       In issuing the pertinent certificates of registration, did the SEC
effectively allow AXN and FOX to engage in mass media and advertising
despite being 99.99% controlled by aliens and, thus, violate the foreign
ownership restrictions under Section 11 Article XVI of the 1987
Constitution?
10
     Id. at 61-82.
21
     Rollo (G.R. No. 210886). pp. 108-153.
22
     Rollo (G.R. No. 210885 ). pp. 61-81 and pp. 183-228.
    RESOLUTION                                           6            G.R. Nos. 210885 & 210886
          To properly resolve the issue, the Court must first rule on the
    propriety of the petitioners' direct recourse via Rule 65.
                                         The Court's Ruling
           The primary relief being prayed for by the petitioners is for the Court
    to declare as unconstitutional the issuance by the SEC of the certificates of
    registration in favor of AXN and FOX. This essentially means that the SEC
    is being accused of violating the Constitution - an allegation of grave abuse
    of discretion, 23 although not as precisely worded as that, for having allegedly
    committed an act in utter and blatant disregard of the constitutionally
    mandated foreign ownership restrictions in protected industries.
      The success of these petitions and of all the other reliefs prayed for
depends on the Court's exercise of its extraordinary power of judicial
review. It is a review meant to put to a test the constitutionality of the SEC 's
issuance via a petition for review on certiorari under Section I of Rule 65.
The provision reads as follows:
                  Section 1. Petitiun for certiorari. - When any tribunal,
          board or officer exercising judicial or quasi-judicial functions has
          acted without or in excess its or his jurisdiction, or with grave abuse
          of discretion amounting to lack or excess of jurisdiction, and there
          is no appeal, or any plain, speedy, and adequate remedy in the
          ordinary course of law, a person aggrieved thereby may file a
          verified petition in the proper court, alleging the facts with certainty
          and praying that judgment be rendered annulling or modifying the
          proceedings of such tribunal, board or officer, and granting such
          incidental reliefs as law and justice may require. 2 4
       A plain reading of the above shows that certiorari may lie only when
a tribunal, board, or officer exercises a judicial or quasi-judicial function
with grave abuse of discretion. In Dacudao v. Gonzales, 25 the Court once
again said that for a special civil action for certiorari to prosper, xxx it must
be directed against a tribunal, board or officer exercising judicial or quasi-
judicial functions.
2
  -' Grave abuse of discretion is the capricious and whimsical exercise of judgment on the part of the public
otlicer concerned. which is equivalent to an excess or lack of jurisdiction. The abuse of discretion mu5t be
so patent and gross as to amount to an evasion of a positive duty or a virtual refus3l to perform a dut)
enjoined by l<lw. or to act at all in contemplation or law as where the power is exercised in an arbitrnr: and
despotic manner by reason or p3ssion or hostility. See Presidential Ad Hoc Cn111111illee on !3ehes1 Lnuns 1
Tahusomlra. G.R. No. 133756. July 4. 2008. 557 SCRA 31. 45.
2
  ~ Rules of Court. Rule 65. Sec. I.
2
  ' G. R. No. 188056 . .January 8. 2013. 688 SCRA I09.
                                                                                                           f
 RESOLUTION                                               7           G.R. Nos. 210885 & 210886
        Thus, the question: Does the SEC function as a judicial body or as a
 quasi-judicial body when it issues a certificate of registration or grants a
 franchise?
            It does not.
       The exercise of judicial function consists of the power to determine
what the law is and what the legal rights of the parties are, and then to
adjudicate upon the rights of the parties. The term "quasi-judicial function"
applies to the action and discretion of public administrative officers or
bodies that are required to investigate facts or ascertain the existence of
facts, hold hearings, and draw conclusions from them as a basis for their
                                                                 26
official action and to exercise discretion of a judicial nature.
      The SEC, in issuing certificates of registration in favor of a
corporation, is not called upon to adjudicate the rights of contending parties
or to exercise, in any manner, discretion of a judicial nature; nor does it
conduct investigations and then draw conclusions from them as basis for its
actions. What it does is merely to verify the documents submitted for
incorporation in order to determine if there has been substantial compliance
with the list of requirements of the Code. Thus, in the process of
incorporation, the SEC is clearly not acting in any judicial or quasi-judicial
capacity.
        Constitutional law teaches that the State's authorization for creating a
private corporation such as AXN and FOX emanates from Congress and is
expressed through a general law enacted for that specific purpose. 27 That law
                                  28
is the Corporation Code (Code), which gives the SEC the power to approve
or reject the AOI .of any corporation in accordance with the statutory
                            29
requirements of the Code. Thus, when the SEC gives the State's consent
for a corporate entity to exist through the approval of the latter's AOI and
the subsequent issuance of a certificate of registration, it is as if Congress
itself approves the creation of that corporation.
26
     Saraya v. Ongsuco, G.R. No. 182065, October 27, 2009, 604 SCRA 499.
27
     The 1987 Constitution, Art. XII, Sec. 16. The Congress shall not, except by general law, provide for the
formation. organization. or regulation of private corporations. Government-owned or controlled
corporations may be created or established by special cha11ers in the interest of the common good and
subject to the test of economic viabi Iity.
28
   Batas Pambansa Big. 68.
29
   The Corporation Code, Sec. 19. Commencement of'corporate existence. - A private corporation formed
or organized under this Code commences to have corporate existence and juridical personality and is
deemed incorporated from the date the Securities and Exchange Commission issues a certificate of
incorporation under its official seal; and thereupon the incorporators, stockholders/members and their
successors shall constitute a body politic and corporate under the name stated in the articles or
incorporation for the period of time mentioned therein. unless said period is extended or the corporation is
sooner dissolved in accordance with law.
                                                                                                          f
     RESOLUTION                                         8            G.R. Nos. 210885 & 210886
        This being the case, there is no reason to excuse the glaring absence of
 one of the requirements of judicial review. Without a doubt, the absence of
 an assailed act derived from the exercise of a quasi-judicial or judicial
 function removes from the Court the power to decide these petitions by way
 of certiorari.
        Moreover, the rule requires that in availing of the remedy of special
 civil action for certiorari, there must have been neither an appeal nor any
                                                                     30
 plain, speedy, and adequate remedy in the ordinary course of law. Here, the
 petitioners came directly to this Couti without exhausting other remedies
 that could have been plain, speedy and adequate. They state without detail
 that to require them to make a prior resort to the processes of the SEC would
 constitute no less than a denial of a plain, speedy and adequate remedy and
 would cause great and irreparable damage to the petitioners as we! I as to the
 Constitution itself.
        While exhausting administrative remedies may be dispensed with
 when what is being questioned is the validity of the acts of political
 departments under the expanded power of judicial review via Rule 65, this
 circumstance would not give blanket authority to the Court to resolve the
 question. The nature of the reliefs prayed for must also be considered.
        In these petitions, the Court is being asked to declare the SEC's
issuance of the certificates of registration to AXN and FOX null and void for
being patently unconstitutional. The necessary consequence of granting the
petitioners' prayer would be to order the SEC to withdraw the certificates of
registration issued to AXN and FOX. Because the issuance of the pertinent
certificates gave the latter corporate life, the withdrawal or revocation of
their certificates would necessarily mean their corporate death. In other
words, by the nature of the reliefs prayed for, it is clear that the petitioners
basically seek the revocation of the very existence of AXN and FOX.
 Rules of Court. Rule 65. Sec. I. SfJS. Crisologo v. .IEWM Agro-/11d11strial Cnrpnralin11. G.R. No. 196894.
;o
March 3. 2014.
                                                                                                       t
.
     RESOLUTION                                             9            G.R. Nos. 210885 & 210886
           Under Presidential Decree (P.D.) No. 902-A, 31 the authority to
    suspend or revoke the franchise or certificate of registration of corporations,
    partnerships or associations upon any of the grounds provided by law lies
    with the SEC. Section 6(i) of this decree specifically mandates that the
    decision must be arrived at after proper notice and hearing. 32 Conducting a
    hearing is not the function of this Court, for it is not a trier of facts. 33 Neither
    can it require the presentation of evidence in order to appreciate the factual
    milieu of a case. Prior resort to administrative remedies in this case must not
    be perceived as a mere procedural matter that can easily be dispensed with.
    It is a step that goes to the very core of the constitutional right to due
    process, to which AXN and FOX have an entitlement.
           Thus, to comply with the constitutional mandate of affording both
    parties the opportunity to properly present their positions on the issue of
    compliance with the nationality requirements, especially for AXN and FOX
    to defend their threatened corporate life, a hearing must have been availed of
    at the level of the SEC, a body no less. equipped with the needed expertise to
    rule on the issue .
           As a matter of policy, the courts will not resolve a controversy
    involving a question that is within the jurisdiction of an administrative
    tribunal prior to the latter's resolution of that question, which demands the
    exercise of sound administrative discretion. It is a discretion requiring the
    pertinent tribunal's specialized knowledge, experience and services of the
    administrative tribunal to determine technical and intricate matters of fact as
    well as to maintain a uniformity of ruling, which is .essential to a compliance
    with the premises of the regulatory statute it administers. 34
    31
       Sec. 6(i). In order to effectively exercise such jurisdiction, the Commission shall possess the following
    powers:
                                                   xxx      xxx       xxx
    (i) To suspend, or revoke, after proper notice and hearing, the franchise or certificate of registration of
    corporations, partnerships or associations, upon any of the grounds provided by law, including the
    following:
              [l] Fraud in procuring its certificate ofregistration;
              [2] Serious misrepresentation as to what the corporation can do or is doing to the great prejudice
              of or damage to the general public;
              [3] Refusal to comply or defiance of any lawful order of the Commission restraining commission
              of acts which would amount to a grave violation of its franchise;
              [4 J Continuous inoperation for a period of at least five ( 5) years;
              [5] Failure to file by-laws within the required period;
              [6] Failure to file required reports in appropriate forms as determined by the Commission within
             the prescribed period;
    32 Id.
    33
       Adriano v. Sps. Lasala, G.R. No. 197842, October 8, 2013, 707 SCRA 346, 355.
    34
       Smart Communications, Inc. v. Globe Telecom, Inc., 456 Phil. 145, 158 (2003), citing Fabia v. Court of
    Appeals, 437 Phil. 389 (2002).
                                                                                                               r
 RESOLUTION                                           10            G.R. Nos. 210885 & 210886
        It must be stressed further that the requirement of exhausting
 administrative remedies is a sound practice and policy. The doctrine insures
 an orderly procedure that favors a preliminary sifting process and withholds
 judicial interference until the administrative process would have been duly
 allowed to run its course. The underlying principle of the rule rests on the
 presumption that the administrative agency, if afforded a complete chance to
 pass upon the matter, will decide correctly. 35
       To repeat, the petitioners fundamentally seek the revocation of the
 franchises of AXN and FOX - a matter that is within the competence of the
 SEC. To this Court, recourse to the SEC is a plain, speedy, adequate and
 equitable remedy.
        And should the SEC act upon the petitioners' resort to it, then any
 decision arising therefrom may be the proper subject of the remedies
 available under the law and the Rules of Court. A SEC decision would
 finally give birth to a justiciable controversy that is ripe for judicial
 determination, one that does not exist yet in this case.
      At this point, worth mentioning is the requirement that for the Court
to exercise its power of judicial review, it must adjudicate a definite and
concrete dispute touching on the legal relations of parties having adverse
legal interests, which may be resolved by a court of law through the
application of a law. 36 Courts do not sit to adjudicate mere academic
questions to satisfy scholarly interest, however intellectually challenging. As
a condition precedent to the exercise of judicial power, an actual controversy
between litigants must first exist. 37               
       At any rate, well-established in this jurisdiction is the rule that
corporate existence cannot be collaterally attacked. Section 20 of the Code
states that the due incorporation of any corporation claiming in good faith to
be a corporation under this Code, and its right to exercise corporate powers,
shall not be inquired into collaterally in any private suit to which the
corporation may be a party. Such inquiry may be made by the Solicitor
General in a quo warranto proceeding. In filing these petitions, the
petitioners are in effect making a collateral attack on the corporate existence
35
   Dimson (Manila) Inc., v. Local Water Utilities Administration, G.R. No. 168656, September 22, 2010,
631 SCRA 59, citing Carafe v. Abarintos, 336 Phil. 126 (1997).
36
   Remman Enterprises Inc., v. Professional Regulatory Board of Real Estate Service and Professional
Regulation Commission, G.R. No. 197676 , February 4, 2014, citing Information Technology Foundation
of the Phils. v. COMELEC, 499 Phil. 281, 304-305 (2005); Cutaran v. DENR, 403 Phil. 654, 662 (2001).
37
   Guingona v. CA, 354 Phil. 415, 426 (1998), citing Angarav. Elector.al Commission, 63 Phil. 139, 158,
(1936).
                                                                                                          f
"'
      RESOLUTION                              11        G.R. Nos. 210885 & 210886
      of AXN and FOX in the guise of an action questioning the SEC' s issuance
      of the pertinent certificates of registration. 38
            In the end, the Court would not want to preempt the prerogative to
      withdraw or uphold the State's imprimatur on a corporate existence by
      giving due course to these petitions. This prerogative rests not on the Court,
      but on the SEC pursuant to a congressional delegation under the Corporation
      Code; it can also be exercised via a quo warranto proceeding instituted by
      the Solicitor General.
             There being an impropriety .in the remedy resorted to by the
      petitioners and in the absence of the indispensible minimums for judicial
      review, the Court cannot give due course to these petitions.
             WHEREFORE, the petitions are DISMISSED, without prejudice."
      Carpio, J., no part. Brion, J., on leave. Villararrta, Jr. and Perlas-Bernabe,
      JJ., on official leave. Jardeleza, J., on leave. (adv44)
                                                       Very truly yours,
                                                                .
                                                   ENRI
                                                   .   ~    ~DAL
                                                               a/Court~
     38
          The Corporation Code, Sec. 20.
Resolution                                       -12-           G. R. Nos. 210885 & 210886
                                                                August 26, 2014
ATTY. JONAS JULIUS CAESAR N. AZURA (reg)                THE SOLICITOR GENERAL (reg)
Counsel for the Petitioner                              Office of the Solicitor General
Suite 2606, Raffles Corporate Center                    134 Amorsolo St., Legaspi Village, Makati City
Emerald Avenue, Ortigas Center, Pasig City
A1c      INFORMATION OFFICE (x)
LIBRARY SERVICES (x)
                                                        AXN NETWORKS PHILIPPINES, INC. (reg)
                                                        Unit 15A, 15th Floor, Equitable Bank Tower 8751
                                                        Paseo De Roxas 1226 Makati City
[For uploading pursuant to A.M. No. 12-7-1-SC]
                                                        SECURITIES AND EXCHANGE COMMISSION (reg)
JUDICIAL RECOORDS OFFICE (x)                            SEC Building, Epifanio de los Santo Avenue
JUDGMENT DIVISION (x)                                   Greenhills, Mandaluyong City
Supreme Court
                                                        NATIONAL TELECOMMUNICATIONS BOARD (reg)
                                                        NTC Building, BIR Road, East Triangle
                                                        Diliman, Quezon City
G.R. Nos. 210885 &210886                                MOVIE AND TELEVISION REVIEW
wmd 82614 (adv44) 9914                                  AND CLASSIFICATION BOARD (reg)
                                                        MTRCB Building, No. 18 Timog Avenue, Quezon City
                                                        ATTYS. LOVIE T. OGSIMER, JOMINI C. NAZARENO,
                                                        DINO ROCARDO T. DE LOS ANGELES AND
                                                        ROLAND GLENN T. TUAZON (reg)
                                                        Romulo Mabanta Buenaventura Sayoc and De Los
                                                        Angeles
                                                        Counsel for Respondent FOX International Channels
                                                        Philippines Corporation
                                                        21s1 Floor, Philamlife Tower, 8767 Paseo de Roxas
                                                        St., Makati City.1226
                                                        ATTY. AUGUSTO A. SAN PEDRO, JR. (reg)
                                                        Villaraza and Angangco
                                                        Counsel for respondent AXN Networks
                                                        Philippines, Inc.
                                                        11th Avenue corner 39th Street, Bonifacio Triangle
                                                        Bonifacio Global City, 1634 Taguig, Metro Manila