Question & AnswerQ&A (Act No. 1376)
The main purpose of Act No. 1376 is to provide for the speedy disposition of controversies regarding the right of administration or possession, ownership, and title of churches, convents, cemeteries, and other church properties by vesting original jurisdiction in the Supreme Court of the Philippine Islands.
The Supreme Court of the Philippine Islands has original jurisdiction to hear and finally determine controversies involving church properties under Act No. 1376.
The Roman Catholic Apostolic Church, the Archbishop of Manila, any bishop of a diocese, or other proper representatives of the Roman Catholic Apostolic Church may file a petition.
A petition must succinctly describe the specific church property, state the claim of ownership, administration, or possession, and specify that the property is unlawfully withheld or claimed by the Independent Filipino Church or others. Exact metes and bounds are not required, but it should designate the property by municipality or barrio.
The Obispo Maximo or representative of the Independent Filipino Church in possession of the property, and the municipality where the property is located, must be made parties defendant.
If a defendant fails to answer within the prescribed period, the allegations in the petition are taken as confessed and true, and the court will enter a decree returning possession to the petitioner and may issue a writ of possession against the defendant.
After the action is at issue, the petitioner has 60 days to present evidence, the defendant has 60 days thereafter, and the petitioner then has 30 days to present rebuttal evidence. The court may appoint special commissioners to facilitate evidence-taking.
The court has the power to appoint receivers, issue injunctions, appoint special commissioners to take evidence, summon witnesses, administer oaths, and issue writs of possession.
Yes, municipalities may file claims to ownership of church properties or related real and personal property through the Supreme Court but must submit their claim to the Attorney-General for approval before instituting the suit.
All costs, including compensation to special commissioners but excluding counsel fees, shall be borne by the Government of the Philippine Islands, subject to appropriations by the Philippine Commission.
No, municipalities cannot appeal from the decision of the Supreme Court of the Philippine Islands to the U.S. Supreme Court without the approval and direction of the Attorney-General for the Philippine Islands.
No, the Act does not prohibit the Roman Catholic Apostolic Church, the Independent Filipino Church, municipalities, or other persons from filing actions in the Courts of First Instance or the Court of Land Registration according to existing laws.
The Act covers churches, convents, cemeteries, real and personal property in connection therewith, hospitals, asylums, charitable institutions, and other properties claimed or administered by the Roman Catholic Apostolic Church or the Government of the Philippine Islands.
The government may bring actions against the Church or its representatives in the Supreme Court under the procedures set by this Act. The Attorney-General directs and controls such litigation.
The Act took effect upon its passage on July 24, 1905.