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    Govt of Phil Islands Vs Monte de Piedad

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    Noreen Nombs
    The Government of the Philippine Islands filed a lawsuit against Monte de Piedad to recover $80,000 that was originally collected as contributions for earthquake victims but was given as a loan to Monte de Piedad and not returned. Monte de Piedad argued that only the beneficiaries or their heirs could file the lawsuit. The Supreme Court upheld the government's right to file the case, finding that as parens patriae, or guardian of those who cannot protect themselves, the government was acting to recover funds intended for public charity and welfare. The court also noted it would be impractical for all the numerous beneficiaries to file individually.

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    Govt of Phil Islands Vs Monte de Piedad

    Uploaded by

    Noreen Nombs
    98 views1 page
    The Government of the Philippine Islands filed a lawsuit against Monte de Piedad to recover $80,000 that was originally collected as contributions for earthquake victims but was given as a loan to Monte de Piedad and not returned. Monte de Piedad argued that only the beneficiaries or their heirs could file the lawsuit. The Supreme Court upheld the government's right to file the case, finding that as parens patriae, or guardian of those who cannot protect themselves, the government was acting to recover funds intended for public charity and welfare. The court also noted it would be impractical for all the numerous beneficiaries to file individually.

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    Govt of Phil Islands vs Monte de Piedad

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    The Government of the Philippine Islands filed a lawsuit against Monte de Piedad to recover $80,000 that was originally collected as contributions for earthquake victims but was given as a loan to Monte de Piedad and not returned. Monte de Piedad argued that only the beneficiaries or their heirs could file the lawsuit. The Supreme Court upheld the government's right to file the case, finding that as parens patriae, or guardian of those who cannot protect themselves, the government was acting to recover funds intended for public charity and welfare. The court also noted it would be impractical for all the numerous beneficiaries to file individually.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    98 views1 page

    Govt of Phil Islands Vs Monte de Piedad

    Uploaded by

    Noreen Nombs
    The Government of the Philippine Islands filed a lawsuit against Monte de Piedad to recover $80,000 that was originally collected as contributions for earthquake victims but was given as a loan to Monte de Piedad and not returned. Monte de Piedad argued that only the beneficiaries or their heirs could file the lawsuit. The Supreme Court upheld the government's right to file the case, finding that as parens patriae, or guardian of those who cannot protect themselves, the government was acting to recover funds intended for public charity and welfare. The court also noted it would be impractical for all the numerous beneficiaries to file individually.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    GOVERNMENT OF THE PHILIPPINE ISLANDS

    vs
    MONTE DE PIEDAD
    35 PHIL. 728
    December 13, 1916

    FACTS: During the Spanish government, contributions were collected for the relief of
    earthquake victims. Monte de Piedad, a charitable institution, petitioned to the Governor-
    General for the transfer of $80,000 as a loan for they are in need of additional working
    capital. Department of Finance called Monte de Piedad to return the $80,000 on June 1893
    but the latter refused to comply on the ground that only the Governor-General of the
    Philippine Islands and not the Department of Finance has the right to order the settlement.
    The Government of the Philippine Islands, through the Attorney-General, filed a suit against
    the Monte de Piedad for the recovery of $80,000, together with interest, for the benefit of
    those persons or their heirs. Judgment was rendered in favor of plaintiff for the sum of
    $80,000 gold or its equivalent in Philippine currency, together with legal interest from
    February 28, 1912, and the costs of the cause. The defendant appealed that the government
    is not a competent plaintiff because the suit should be only be instituted by either the
    beneficiaries or their heirs.

    ISSUE: Whether or not the Government of the Philippine Islands has the right to file the
    case in representation of the legitimate claimants.

    HELD: Yes, the Supreme Court affirmed the right of the Government to file the case as
    parens patriae. The prerogative of parens patriae is inherent in the supreme power of
    every State, whether that power is lodged in a royal person or in the legislature. It is a most
    beneficient function, and often necessary to be exercised in the interest of humanity, and
    for the prevention of injury to those who cannot protect themselves. Besides, the
    beneficiaries are quite numerous and it would be impractical to institute an action
    individually to recover the $80,000. But the true ground is that the money being given to a
    charity was intended to be devoted to public use, and became part of the public resources
    for promoting the happiness and welfare of Philippine Government. It cannot be
    considered a mere nominal party because to deny the Government the right to maintain
    this action would be contrary to sound public policy. These principles based "upon the
    foundation of the great principle of public policy" are applicable to the Philippine
    Government.

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