SAMAHAN NG OPTOMETRISTS SA PILIPINAS v. ACEBEDO INTERNATIONAL CORPORATION

FACTS:

The petitioners, represented by Samahan ng Optometrists sa Pilipinas (SOP), opposed the application of Acebedo International Corporation for a mayors permit to operate an optical shop branch in Candon, Ilocos Sur. They argued that the employment of optometrists by corporations, including optical shops, is prohibited by Republic Act (RA) No. 1998. In response, the Mayor of Candon created a committee to decide on the application, which denied the permit and ordered the closure of the establishment.

Acebedo International Corporation filed a petition for certiorari with the Court of Appeals, but the case was referred to the trial court. The trial court ruled in favor of the petitioners, finding that the private respondent was engaged in the practice of optometry. Dissatisfied with the decision, Acebedo International Corporation appealed to the Court of Appeals.

The Court of Appeals reversed the decision of the trial court, stating that the primary purpose stated in the private respondent's amended Articles of Incorporation does not include the practice of optometry.

ISSUES:

  1. Whether or not private respondent Acebedo International Corporation violates the Optometry Law (R.A. No. 1998) by employing optometrists to engage in the practice of optometry under its name and for its behalf.

RULING:

  1. The Court held that private respondent Acebedo International Corporation does not violate the Optometry Law (R.A. No. 1998) by employing optometrists to engage in the practice of optometry under its name and for its behalf. The Court reasoned that private respondent is not engaged in the practice of optometry itself, but rather operates a business selling optical lenses or eyeglasses. The employment of optometrists by private respondent is necessary for determining the proper lenses to sell to its clientele. The prohibition in the Optometry Law applies to natural persons who practice optometry without a valid certificate of registration, and not to corporations like private respondent.

PRINCIPLES:

  • The practice of optometry, as prohibited by the Optometry Law (R.A. No. 1998), pertains to natural persons who are required to have a valid certificate of registration as optometrist and who must be of good moral character.

  • The prohibition on the practice of optometry without a license does not apply to corporations engaged in the business of selling optical lenses or eyeglasses, which may employ licensed optometrists for the purpose of determining the correct lenses to sell to customers.

  • There is no law that prohibits the hiring by corporations of optometrists or considers the hiring by corporations of optometrists as a practice by the corporation itself of the profession of optometry.

  • The Revised Optometry Law does not have provisions prohibiting corporations from hiring optometrists.