Case Summary (G.R. No. 8387)

Background and Nature of the Case

• The case involves an original action for a writ of mandamus filed by Enrique P. Brias y Roxas (Petitioner) against John S. Hord and others (Respondents).
• The petitioner seeks to reclaim his position and rights as a member of the Board of Directors of the Bank of the Philippine Islands.

Parties Involved

• Petitioner: Enrique P. Brias y Roxas, a resident of Manila and previously elected member of the board.
• Respondents:
  • John S. Hord: President of the Bank of the Philippine Islands.
  • Other members of the Board of Directors.

Allegations by the Petitioner

• The petitioner claims he was duly elected to the Board and appointed to the Committee of Credits.
• He asserts that on various occasions, including August 15, 1912, he requested access to the corporation's financial books, which was denied.
• On October 24, 1912, the respondents wrongfully declared his office vacant, alleging a resignation.

Respondents' Defense

• The respondents admit certain facts but assert that the petitioner resigned from his position.
• They maintain that the petitioner’s resignation was voluntary and unequivocal.

Key Legal Issues

• Resignation: The central question is whether the petitioner actually resigned from his position on the board.
• The court must determine the validity of the respondents' claim that the petitioner forfeited his rights due to resignation.

Evidence and Testimonies

• Conflicting testimonies arose regarding the circumstances and wording of the alleged resignation.
• Petitioner claimed he withdrew from a meeting in indignation and did not intend to resign.
• Evidence included minutes from the meeting, which were later found to be inconsistent and not properly recorded.

Court's Findings

• The court determined that the evidence did not support that the petitioner had resigned.
• It noted the lack of formal resignation and the discrepancies in the testimonies regarding the circumstances of the alleged resignation.

Court's Orders

• The court granted the petition for a writ of mandamus.
• Respondents were ordered to:
  • Allow the petitioner to inspect the bank's books.
  • Reinstate the petitioner to his position on the Board of Directors.
  • Annull all proceedings held in his absence post-alleged resignation.

Costs

• Costs of the suit were to be borne by the respondents.

Key Takeaways

• The petitioner maintained his rights as a member o

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Case Syllabus (G.R. No. 8387)

Case Overview

• The case is an original action filed for a writ of mandamus in the Supreme Court of the Philippines.
• The petitioner, Enrique P. Brias y Roxas, seeks to restore his rights as a member of the board of directors of the Bank of the Philippine Islands after being allegedly wrongfully excluded by the respondents, led by John S. Hord.

Parties Involved

• Petitioner: Enrique P. Brias y Roxas
  • Claims to have been duly elected and qualified as a member of the board of directors of the Bank of the Philippine Islands.
• Respondents: John S. Hord et al.
  • John S. Hord is the president of the Bank of the Philippine Islands, and the other respondents are members of the bank's board of directors.

Factual Background

• The petitioner was elected to the board on February 13, 1912, and subsequently appointed to the committee of credits.
• The board's powers and duties are defined by its by-laws, including responsibilities related to the issuance of stock, determining currency bills, and managing the bank’s affairs.
• On August 15, 1912, Brias requested to inspect the bank's books, which was denied by Hord.
• On October 24, 1912, the respondents declared Brias's positions vacant, claiming he had resigned

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