Case Digest: Cui vs. Cui, 11 SCRA 755, G.R. No. L-18727

Cui vs. Cui, 11 SCRA 755, G.R. No. L-18727, August 31, 1964

Subject: Basic Legal Ethics

FACTS

The Hospicio de San Jose de Barili was a charitable institution founded by Don Pedro Cui and Doña Benigna Cui. The institution was administered by a board of trustees, which was composed of the nephews of Don Pedro and Doña Benigna. The plaintiff, Jesus Ma. Cui, was a member of the board of trustees. He was also the incumbent administrator of the institution.

On February 27, 1960, the defendant, Antonio Ma. Cui, entered into a "convenio" with the former administrator, Dr. Fernando Cui. Under the convenio, the defendant agreed to assume the position of administrator of the institution. The plaintiff was not a party to the convenio. The plaintiff filed a quo warranto action against the defendant, challenging his right to hold the position of administrator. The plaintiff alleged that he was the incumbent administrator and that the defendant had no right to assume the position.

The trial court ruled in favor of the plaintiff. The court found that the defendant had no right to assume the position of administrator without the consent of the board of trustees. The court also found that the defendant's assumption of the position was in violation of the terms of the deed of donation that established the institution.

ISSUE

Who is best qualified as administrator for the Hospicio

RULING

Antonio should be the Hospicio’s administrator.

Jesus is the older of the two and under equal circumstances would be preferred pursuant to sec.2 of the deed of donation. However, before the test of age may be, applied the deed gives preference to the one, among the legitimate descendants of the nephews named, who if not a lawyer (titulo de abogado), should be a doctor or a civil engineer or a pharmacist, in that order; or if failing all theses, should be the one who pays the highest taxes among those otherwise qualified.

Jesus Ma. Cui holds the degree of Bachelor of laws but is not a member of the Bar, not having passed the examinations. Antonio Ma. Cui, on the other hand, is a member of the Bar and although disbarred in 1957, was reinstated by resolution, about two weeks before he assumed the position of administrator of the Hospicio. The term “titulo de abogado” means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law. A bachelor’s degree alone, conferred by a law school upon completion of certain academic requirements, does not entitle its holder to exercise the legal profession. By itself, the degree merely serves as evidence of compliance with the requirements that an applicant to the examinations has “successfully completed all the prescribed courses, in a law school or university, officially approved by the Secretary of Education.