G.R. No. 164242 , November 28, 2008
Destileria Limtuaco & Co., Inc. and Convoy Marketing Corporation, petitioners, vs. Advertising Board of the Philippines, respondent.

FACTS

Petitioners Destileria Limtuaco & Co., Inc. (a former member of the Philippine Association of National Advertisers, a member-organization of the AdBoard) and Convoy Marketing Corporation, through their advertising agency, applied for and secured clearance from the respondent Advertising Board of the Philippines (AdBoard) to air a radio advertisement. After public complaints, the AdBoard recalled the clearance and instructed its member-organizations not to air the advertisement. Petitioners filed a civil case (Civil Case No. 04-277) before the Regional Trial Court (RTC) of Makati seeking the dissolution of AdBoard and the nullity of its Code of Ethics and manual of procedures, arguing that AdBoard was usurping government functions. Subsequently, petitioners also filed the instant petition for prohibition under Rule 65, seeking to stop AdBoard from requiring clearance and imposing sanctions, arguing that such acts violate constitutional rights.

ISSUE

Whether the petition for prohibition is the proper remedy to challenge the acts of the AdBoard, a private organization.

RULING

The Supreme Court DISMISSED the petition for lack of merit. The writ of prohibition is only available against a tribunal, corporation, board, or person exercising judicial, quasi-judicial, or ministerial functions. The AdBoard is a private, non-stock, non-profit corporation whose authority is derived from the voluntary submission of its members. Its acts are not governmental or public in nature but are exercised in a private capacity. Therefore, prohibition does not lie against it. Furthermore, the Court found that the petitioners engaged in forum shopping by filing the present petition while Civil Case No. 04-277, involving the same parties, causes of action, and reliefs, was pending before the RTC. The dismissal was based on improper remedy and forum shopping.