Title
Act No. 69
Date
Jan 5, 1901
Act No. 69 establishes a board of trustees to manage the College of San Jose, tasked with asserting their claim to the property through legal procedures against the rector of the University of Santo Tomas, with the Supreme Court of the Philippines having jurisdiction to hear the dispute and render a decree.
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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.

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