Title
Government of the Philippine Islands vs. El Monte de Piedad
Case
G.R. No. 9959
Decision Date
Dec 13, 1916
In 1883, $80,000 from an earthquake relief fund was loaned to Monte de Piedad, which retained it despite demands. The Philippine Government sued in 1912, and the Supreme Court ruled the funds must be returned as a loan, unaffected by sovereignty change or prescription.

Case Summary (G.R. No. 9959)

Factual Background

In 1863 inhabitants of Spanish dominions voluntarily subscribed about $400,000 for victims of the Manila earthquake. A relief board allotted $365,703.50 among identified sufferers and published the list in 1870. Subsequently $30,299.65 was distributed, leaving a substantial surplus. On February 1, 1883, the Monte de Piedad’s directors petitioned the Governor-General for $80,000 from that surplus—stating its operating funds were exhausted and agreeing to return the sum within eight days upon Madrid’s disapproval. The Governor-General’s decree authorized four $20,000 installments as a loan, repayable on demand if unapproved by the Spanish Crown. The Monte de Piedad accepted and deposited the entire $80,000 into its general funds. After repeated demands in 1893 and no return, the Philippine Legislature (Act No. 2109) directed the Treasurer to sue for recovery. In 1912 the Government sued; the trial court awarded $80,000 gold (or equivalent), interest from February 28, 1912, and costs. The Monte de Piedad appealed, assigning six errors.

Issues Presented

  1. Whether the $80,000 was granted as a conditional donation rather than a loan.
  2. Whether the conditional donation was “cleared,” vesting absolute title in the Monte de Piedad.
  3. Whether the Philippine Government improperly subrogated the rights of Spain.
  4. Whether Act No. 2109 is unconstitutional.
  5. Whether the claim has prescribed under the Philippine statute of limitations.
  6. Whether the trial court erred in ordering repayment with interest and costs.

Applicable Law

• Spanish Charitable-Institution Law (June 20, 1849; April 27, 1875 Instructions): Public subscriptions for specific relief create special temporary charities under government supervision. Only the sovereign’s representative may redirect or dispose of surpluses.
• Treaty of Paris (1898): Cession of the Philippines transferred Crown prerogatives—including parens patriae authority over public charitable resources—to the United States, and thence to the Insular Government.
• Philippine Legislative Act No. 2109 (1912): Empowers the Treasurer, via the Attorney-General, to sue for return of misapplied charity funds.
• Parens Patriae Doctrine: A sovereign may enforce public charities when beneficiaries cannot protect their rights.
• Civil-Code Prescription (Arts. 1961, 1964, 1969): Statute of limitations for contracts and loans, subject to sovereign-immunity exceptions.

Analysis

  1. Nature of Grant – All documentary evidence (petition, gubernatorial resolution, departmental reports, ledger entries, Monte de Piedad’s own acknowledgments) uniformly characterize the $80,000 as a loan or deposit, repayable on demand, not as an outright donation. The mere use of “donation” in the Governor-General’s resolution did not convert the transfer into an irreversible gift.
  2. Title and Subrogation – The Philippine Government succeeded to Spain’s role as trustee and supervisor of the earthquake relief fund. Its suit does not rest on subrogation improperly asserted, but on enforcing the contractual loan obligation assumed by the Monte de Piedad under valid royal authority.
  3. Legislative Authority – Act No. 2109 lawfully exercises the Insular Government’s parens patriae power to protect public charitable funds. It neither violates due-process nor exce

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