Alviar v. Cullum
REITERATIONFacts
The Antecedents: Plaintiffs, Felipe Alviar and 164 others, filed an action against Rev. Leo A. Cullum, S.J., seeking to enforce the "Pragmatica Sancion" of April 2, 1767, which expelled the Jesuits from Spanish dominions and confiscated their properties, and the "Real Cedula" of October 19, 1852, which allowed their return but without restoration of properties. They sought to enjoin the Jesuits from interfering with their ownership and possession of the "Hacienda de San Pedro Tunasan" and other properties from which Jesuits were excluded. Procedural History: The case was dismissed by the Court of First Instance of Manila on the ground that the plaintiffs had no cause of action. The Petition: The plaintiffs appealed the dismissal order.
Issue(s)
Whether the "Pragmatica Sancion" and "Real Cedula" are still in force in the Philippines. Whether the plaintiffs have a valid cause of action to claim the "Hacienda de San Pedro Tunasan" based on the said Spanish decrees. Whether the title and ownership of the Roman Catholic Church and Colegio de San Jose over the "Hacienda de San Pedro Tunasan" are valid and recognized.
Ruling
The order of dismissal appealed from is hereby affirmed with costs against appellants.
Ratio Decidendi
On the force of the "Pragmatica Sancion" and "Real Cedula": The Court held that the "Pragmatica Sancion" and "Real Cedula" were political in nature. As such, they ceased to be in force in the Philippines upon the cessation of Spanish sovereignty over the country. Political decrees are intrinsically tied to the sovereign that issued them and do not automatically carry over to a succeeding sovereign unless expressly provided for or assumed. The nature of these decrees, concerning the expulsion and property of a religious order, falls squarely within the realm of political acts of the state. Therefore, they could no longer be enforced in Philippine courts after the change in sovereignty. On the plaintiffs' cause of action: Even if the confiscated properties of the Jesuits were considered to have belonged to the Crown of Spain, which were later ceded to the United States and subsequently to the Republic of the Philippines, it is the Republic of the Philippines, not the plaintiffs, who would have the right to claim such properties. The plaintiffs, as private individuals, cannot assert a claim over properties that were subject to sovereign acts of confiscation and transfer. Their claim was based on decrees that were no longer operative and on a right that would have vested in the sovereign. Thus, they lacked the legal standing and cause of action to pursue their claim against the Jesuits. On the title and ownership of the "Hacienda de San Pedro Tunasan": The Court affirmed the recognized title and ownership of the Roman Catholic Church over the "Hacienda de San Pedro Tunasan." This title was recognized in a contract between the Secretary of War, William H. Taft, and Archbishop Jeremiah Harty, approved by the President of the United States. This recognition was further ratified by the Philippine Government through Act No. 1724. The Supreme Court itself had previously upheld the title and ownership of the Roman Catholic Church in Pardo de Tavera vs. Roman Catholic Church (14 Phil., 775). Subsequently, Pope Pius X ordered the Jesuits to resume administration, and the Colegio de San Jose was incorporated as a corporation sole, acquiring juridical personality to own properties, including the "Hacienda de San Pedro Tunasan." This Court's ruling in Government of the Philippines vs. Colegio de San Jose (53 Phil., 423) further confirmed that the lands in litigation were part of the "Hacienda de San Pedro Tunasan" belonging to the Colegio de San Jose. Moreover, the plaintiffs themselves had previously recognized the title of Colegio de San Jose over the same hacienda in a prior case (Guevara vs. Young, G.R. No. 46698), making their current stance inconsistent.
Main Doctrine
The "Pragmatica Sancion" and "Real Cedula" issued by the Spanish Crown, being political in nature, ceased to be in force in the Philippines upon the cessation of Spanish sovereignty. Claims over properties confiscated under these decrees, if any, would belong to the Republic of the Philippines, not private individuals. The title and ownership of the Roman Catholic Church, and subsequently the Colegio de San Jose, over the "Hacienda de San Pedro Tunasan" have been recognized by both the Philippine and United States governments and upheld by this Court.