Law Summary
Establishment of the Board of Trustees
- Legal Principle: This section establishes a board of trustees tasked with managing the College of San Jose as a school of medicine and pharmacy.
- Key Definitions:
- Board of Trustees: A group of appointed individuals responsible for overseeing the college's operations and property.
- Important Requirements:
- The board is composed of specified individuals, including medical professionals and military personnel.
- The board has authority to determine curriculum, faculty, fees, and operational matters.
- Timeframes:
- The board must organize within 14 days of the Act's passage.
- Responsibilities:
- Maintain and operate the College for the benefit of the public.
- Establish faculty positions, curriculum, and fees.
Legal Dispute and Court Jurisdiction
- Legal Principle: The Act outlines the legal dispute regarding the possession of the college's property, currently claimed by the rector of the University of Santo Tomas.
- Key Definitions:
- Rector: The individual claiming possession of the college's property, representing the Roman Catholic Church.
- Important Requirements:
- The board must assert its claim through legal procedures.
- Physical possession of the property is not to be sought until the court resolves the dispute.
- Timeframes:
- Petition to be filed in the Supreme Court within 30 days after passage of the Act.
Supreme Court Procedures
- Legal Principle: The Act provides detailed procedures for the board to follow in filing a petition with the Supreme Court.
- Important Procedures:
- The petition must outline the board’s claim and the history of the college.
- Defendants (rector and archbishops) must respond within 30 days after service of summons.
- Evidence collection periods are specified: Petitioners have 30 days, defendants 45 days, and petitioners may have an additional 15 days for rebuttal.
- Consequences:
- The court may order the ousting of the rector from possession.
- Costs may be awarded against the losing party.
Supreme Court's Authority and Decree
- Legal Principle: The Supreme Court is given jurisdiction to hear the case and render decisions based on the evidence presented.
- Key Definitions:
- Decree: A formal and authoritative order of the Supreme Court.
- Important Procedures:
- The court must prioritize hearing the case and may extend timelines for good cause.
- If the petition is granted, the board will gain immediate possession of the college properties.
- Consequences:
- If the court rules in favor of the defendants, the petition will be dismissed with costs against the petitioners.
Financial Provisions for Litigation
- Legal Principle: The Act appropriates funds for the litigation costs associated with the board's efforts.
- Key Definitions:
- Appropriation: Allocation of funds from the Insular Treasury for specific purposes.
- Important Requirements:
- A sum of $5,000 is appropriated for board expenses, including legal fees.
- Responsibilities:
- The board must disburse funds through the Disbursing Officer, and the Attorney-General must represent the board without additional compensation.
Governance and Vacancies
- Legal Principle: The governance structure and appointment of trustees are defined.
- Important Procedures:
- Trustees serve at the will of the Commission and vacancies are filled by appointment.
Expedited Passage and Effectivity
- Legal Principle: The urgency of the Act's enactment is recognized.
- Key Details:
- The Act is expedited for passage under a previous law.
- It takes effect upon passage.
Key Takeaways
- Act No. 69 establishes a board of trustees for the College of San Jose to oversee its conversion into a school of medicine and pharmacy.
- It outlines specific legal procedures for resolving possession disputes involving the college's properties.
- The Supreme Court is vested with jurisdiction to adjudicate the matter, ensuring a structured process for hearings and evidence gathering.
- Financial provisions are allocated for the litigation process, and the Act emphasizes the urgent need for its implementation.