Thursday, November 11, 2010

CASE DIGEST ON BARLIN V. RAMIREZ

For more case digests visit http://www.pinaylawyer.com

case digest, case digests, supreme court case digests, supreme court case digest, pinaylawyer.com, www.pinaylawyer.com, case digest, case digest of, case digest on, supreme court case digest, supreme court case digests

CASE DIGEST ON BARLIN V. RAMIREZ [7 P 41] - F: The def., Ramirez, having been appointed by the pltff parish priest, took possession of the church on 7/5/01. He administered if as such under the orders of his superiors until 11/14/02. His successor having been then appointed, the latter made a demand on this def. for the delivery to him of the church, convent, and cemetery, and the sacred ornaments, books, jewels, money, and other prop. of the church. The def., by a written document of that date, refused to make such delivery, stating that "the town of Lagonoy, in conjunction w/ the parish priest of thereof, has seen fit to sever connection w/ the Pope at Rome and his representatives in these Islands, and to join the Filipino Church, the head of w/c is at Mla.
In 1/4, the pltff. brought this action against def., alleging in his amended complaint that the Roman Catholic Church was the owner of the church bldg, the convent, cemetery, the books, money, and other prop. belonging thereto, and asking that it be restored to the possession thereof and that the def. render an account of the prop. w/c he had received and w/c was retained by him, and for other relief. The CFI-Ambos Camarines ruled in favor of the pltff.

HELD: It is suggested by the appellant that the Roman Catholic Church has no legal personality in the Philippine Islands. This suggestion, made with reference to an institution w/c antedates by almost a thousand years any other personality in Europe, and w/c existed "when Grecian eloquence still flourished in Antioch, and when idols were still worshipped in the temple of Mecca," does not require serious consideration.

For more case digests visit http://www.pinaylawyer.com

case digest, case digests, supreme court case digests, supreme court case digest, pinaylawyer.com, www.pinaylawyer.com, case digest, case digest of, case digest on, supreme court case digest, supreme court case digests

No comments:

Post a Comment