The filing of
the intra-corporate case before the RTC does not amount to forum- shopping. It
is a formal demand of respondent’s legal rights in a court of justice in the
manner prescribed by the court or by the law with respect to the controversy
involved. The relief sought in the case is primarily to compel the bank to
disclose its stockholdings, to allow them the inspection of corporate books and
records, and the payment of damages. It was also prayed that a TRO be issued to
enjoin the holding of the annual stockholder’s meeting and the election of the
members of the Board, which, only courts of justice can issue.
On the other
hand, the complaint filed with the Bangko Sentral ng Pilipinas was an
invocation of the BSP’s supervisory powers over banking operations which does
not amount to a judicial proceeding. It brought to the attention of the BSP the
alleged questionable actions of the bank’s Board of Directors in violation of
the principles of good corporate governance. It prayed for the conduct of an
investigation over the alleged unsafe and unsound business practices of the
bank and to make necessary corrective measures to prevent the collapse of the
bank.
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