Case Digest (G.R. No. L-18727)
Facts:
In Jesus Ma. Cui v. Antonio Ma. Cui, G.R. No. L-18727 (August 31, 1964), the Hospicio de San Jose de Barili, a charitable institution created by Act No. 3239 (November 27, 1925) and endowed by Don Pedro Cui and Dona Benigna Cui, was initially administered by the founders, then by their designated nephews in the order prescribed in a 1926 deed of donation. After Don Pedro’s death in 1926 and Dona Benigna’s in 1929, administration passed successively to Mauricio Cui and Dionisio Jakosalem, then to Dr. Teodoro Cui (son of Mauricio). Beginning in 1932, the plaintiff, Jesus Ma. Cui (son of Mariano, one of the named nephews), challenged Teodoro’s appointment in quo warranto proceedings that were dismissed but remanded on appeal (60 Phil. 37). Instead of pursuing further relief, Jesus accepted the post of assistant administrator while Teodoro retained the office. On February 27, 1960, Teodoro executed a convenio resigning in favor of the defendant, Antonio Ma. Cui (Jesus’s younger brotCase Digest (G.R. No. L-18727)
Facts:
- Establishment and Succession Provisions
- The Hospicio de San Jose de Barili was founded by spouses Don Pedro Cui and Dona Benigna Cui “for the care and support, free of charge, of indigent invalids, and incapacitated and helpless persons.” It acquired corporate existence by Act No. 3239 (27 Nov. 1925). Section 2 entrusted initial management to the founders and, upon their death or incapacity, “to such persons as they may nominate or designate, in the order prescribed by them.”
- By deed of donation (2 Jan. 1926), the spouses designated succession as follows:
- First, their nephew Mariano Cui, if residing in Cebu City; otherwise Mauricio Cui. Both to administer jointly.
- Upon their death or incapacity, “a single male of legal age, legitimately descended from any of our nephews Mariano, Mauricio, Vicente or Victor Cui, who possesses a ‘título de abogado, o médico, o ingeniero civil, o farmacéutico,’ or, lacking these titles, the one paying the highest state taxes; ties to be broken by seniority in age among descendants of the last administrator.”
- Failing all, administration passes to the Provincial Governor of Cebu.
- Chronology of Administrators and Litigation
- Pedro Cui died in 1926; Benigna in 1929; then joint administration by Mauricio and Dionisio Jakosalem (deaths in May and July 1931). On 2 July 1931 Dr. Teodoro Cui (son of Mauricio) became administrator. Beginning in 1932, Jesus Ma. Cui initiated quo warranto proceedings against Teodoro (60 Phil. 376), was remanded, but accepted assistant administrator position instead of further prosecution. Various extra-judicial claims (1950 letters, Secretary of Justice opinion No. 45 s.1950), civil suit R-1216 (1950–54), and Supreme Court mandamus (G.R. L-8540) ensued. The pending appeal was dismissed on 31 July 1956 to allow fresh quo warranto. No new suit was filed then.
- On 27 February 1960 Dr. Teodoro resigned in favor of Antonio Ma. Cui by notarial “convenio”; Antonio took his oath on 28 February. Jesus Ma. Cui, unaware of this arrangement, wrote on 5 September demanding turnover. On 13 September 1960 he filed the present quo warranto complaint. Romulo Cui, grandson of Vicente Cui, later intervened, claiming right as an alternative descendant.
Issues:
- Interpretation of “título de abogado.”
- Effect of Antonio Ma. Cui’s prior disbarment and subsequent reinstatement on his moral qualification.
- Whether Jesus Ma. Cui’s quo warranto action is barred by the one-year prescription under Rule 66, Sec. 16.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)