Case Digest (G.R. No. L-18727)
Facts:
Jesus Ma. Cui v. Antonio Ma. Cui, G.R. No. L-18727, August 31, 1964, the Supreme Court En Banc, Makalintal, J., writing for the Court. Plaintiff-appellee Jesus Ma. Cui sued in quo warranto to recover the office of Administrator of the Hospicio de San Jose de Barili; Antonio Ma. Cui was defendant-appellant and Romulo Cui intervened as intervenor-appellant claiming the same office.The Hospicio was created by spouses Don Pedro Cui and Doña Benigna Cui and incorporated by legislation (Act No. 3239, November 27, 1925). The donors endowed the institution by a deed of donation (2 January 1926) that set out an express scheme of succession for the office of administrator: initial appointment to named nephews and, thereafter, to the male, adult, legitimate descendant of any of four named nephews who "posea titulo de abogado, o medico, o ingeniero civil, o farmaceutico, o a falta de estos titulos, el que pague al Estado mayor impuesto o contribution," with age and line of descent as tiebreakers. The deed also permitted provincial government administration when no qualified person existed.
After Don Pedro’s death (1926) and Doña Benigna’s death (1929), administration passed through named appointees and, on July 2, 1931, Dr. Teodoro Cui (son of Mauricio) assumed as administrator. Beginning in 1932 a series of disputes arose over the office. In 1932 Jesus Ma. Cui filed a quo warranto against Dr. Teodoro; that action was dismissed by the Court of First Instance but remanded by this Court (reported at 60 Phil. 37). Jesus thereafter acquiesced to an arrangement in which he served as assistant administrator while Teodoro continued as administrator. Various extra-judicial efforts and administrative opinions followed in the 1950s, including an opinion by the Secretary of Justice in 1950 that a non-lawyer was not entitled.
On February 27, 1960, Dr. Teodoro executed a notarial "convenio" resigning in favor of Antonio Ma. Cui, and Antonio took his oath on February 28, 1960; Antonio had been restored to the Bar by this Court on February 10, 1960 (he had earlier been disbarred on March 29, 1957). Dr. Teodoro died August 27, 1960. Jesus demanded turnover on September 5, 1960 and — failing compliance — file...(Pro-only)
Issues:
- Is the present quo warranto action barred by lapse of time (prescription or laches)?
- Does the phrase "titulo de abogado" in the deed of donation mean mere possession of a law degree or actual admission to the Bar (i.e., license to practice)?
- Does a prior disbarment operate to disqualify Antonio from the office despite his reinstatement to the Bar?
- Can intervenor Romulo succeed to the office by virtue of the lineal succession clause in the deed of donation, placing the administration in Vicente Cui’s ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)