Crisostomo vs. SEC

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Crisostomo vs.

SEC
G.R. Nos. 89095 & 89555

FACTS:

Crisostomo is a minority stockholder of the United Doctors Medical Center. He is


also the director and legal counsel of UDMC. The said hospital was unable to pay
its P55 million debt incurred from the Development Bank of the Philippines hence
it faced foreclosure. In order to avoid foreclosure, Crisostomo and some others
were able to convince Japanese doctors to invest in the hospital. Eventually, these
Japanese doctors invested P57 million in said hospital. Pursuant to the
Memorandum in lieu of the investment, the Japanese doctors were promised to
be part of the hospital’s board of directors. However, instead of holding an
election for the new board of directors, Crisostomo opposed the same saying that
it violates some constitutional grounds restricting foreign ownership and practice
of professionals in the Philippines. The issue reached the Securities and Exchange
Commission which ordered UDMC to hold the election.

ISSUE:

Whether or not the investments in UDMC of the Japanese doctors violate the
Constitutional prohibition against foreigners practicing a profession in the
Philippines (Section 14, Article XII, 1987 Constitution)- NO

HELD/RULING:

The investments in UDMC of Doctors Yamada and Enatsu do not violate the
Constitutional prohibition against foreigners practising a profession in the
Philippines (Section 14, Article XII, 1987 Constitution) for they do not practice
their profession (medicine) in the Philippines, neither have they applied for a
license to do so. They only own shares of stock in a corporation that operates a
hospital. No law limits the sale of hospital shares of stock to doctors only. The
ownership of such shares does not amount to engaging (illegally,) in the practice
of medicine, or, nursing. If it were otherwise, the petitioner's stockholding in
UDMC would also be illegal.

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