G.R. No. 120294 February 10, 1998
ANTONIO LITONJUA and ARNOLD LITONJUA, petitioners, vs. THE HON. COURT OF APPEALS, EIGHT DIVISION, WACK WACK GOLF AND COUNTRY CLUB, BENIGNO CUA, ALFONSO CU-UNJIENG, VIVENCIO TINIO, EDUARDO C. LIM, BONIFACIO SISON, AMBROSIO VALDEZ and DANILO DIMAYUGA, in their capacity as members of the Membership Committee, Wack Wack Golf and Country Club, and ED UNSON, BENITO CUA, AGAPITO ROXAS and HENRY TAN, in their capacity as members of the Board of Directors of Wack Wack Golf and Country Club, respondents.

FACTS

Petitioner Antonio Litonjua, an Associate Member of respondent Wack Wack Golf and Country Club, was included in the club’s January 1985 list of delinquent members for non-payment of his November 1984 dues. He contested this, claiming he did not receive the November 1984 statement of account, and convinced auxiliary clerks to delete his name from the delinquent list. He continued using club facilities. On February 10, 1985, he was again listed as delinquent and paid his outstanding balance. However, on February 13, 1985, he received a letter from the club’s General Manager informing him of the Membership Committee’s decision to suspend him for sixty (60) days effective February 3, 1985, for violating Section 34(d) of the club’s by-laws by availing of club privileges while listed as delinquent on February 3 and 7, 1985. His son, co-petitioner Arnold Litonjua, a Junior Member, was also prevented from using club facilities due to this suspension. Antonio Litonjua sought reconsideration, explaining the delayed receipt of his statement. The club’s General Manager later wrote to the Board of Directors, verifying Litonjua’s claims and indicating that his name had been deleted from the delinquent list as requested. Unsatisfied, the petitioners demanded restitution and later filed a complaint with the Securities and Exchange Commission (SEC) to nullify the suspension and claim damages. The SEC Hearing Officer and the SEC en banc ruled in favor of the petitioners, declaring the suspension illegal. The Court of Appeals reversed the SEC decision.

ISSUE

Whether the suspension of petitioner Antonio Litonjua by the Wack Wack Golf and Country Club was valid and in accordance with its by-laws.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals. The suspension of Antonio Litonjua was valid. The Court held that the posting of the delinquent list was a valid notice to members. Antonio Litonjua admitted he was aware his name was on the January 1985 list. His subsequent act of having his name deleted from that list did not cure his delinquency or negate the fact that he was delinquent when he used the club’s facilities on February 3 and 7, 1985. The violation of Section 34(d) of the by-laws was complete upon his enjoyment of privileges while delinquent, triggering the automatic 60-day suspension. The Court found no arbitrariness or bad faith in the club’s actions, as the suspension was a straightforward application of its rules. The suspension of Arnold Litonjua was also proper as his junior membership was dependent on his father’s membership, and the father was responsible for paying the son’s bills.