PHILIPPINE REPORTS ANNOTATED VOLUME 049 Page 1 of 8

[No. 25254. November 22, 1926]

Mons. ALFREDO VERZOSA, Roman Catholic Apostolic

Bishop of Lipa, constituted as a unipersonal religious
corporation, plaintiff and appellant, vs. ZOSIMO
FERNANDEZ ET AL., defendants and appellees.

TRUSTS AND TRUSTEES; RELIGIOUS

BROTHERHOOD; ACTION BY BISHOP TO COMPEL
PERFORMANCE OF TRUST AND TO REMOVE
UNFAITHFUL TRUSTEES.—A Roman Catholic Bishop
having the right of supervision and inspection over religious
brotherhoods established in his bishopric may maintain a civil
action to compel the persons comprising the directorate of such
a brotherhood to comply with the terms of the.trust governing
a fund in their custody, it being alleged that they are using it
in contravention of the spirit and purposes of the trust.

628

628 PHILIPPINE REPORTS ANNOTATED

Verzosa vs. Fernandez

APPEAL from a judgment of the Court of First Instance of

Laguna. Paredes, J.
The facts are stated in the opinion of the court.
Eusebio Orense for appellant.
Godofredo Reyes for appellees.

STREET, J.:

This action was instituted in the Court of First Instance of

Laguna by Monseñor Alfredo Verzosa, as Roman Catholic
Apostolic Bishop for the diocese of Lipa, constituted as a
unipersonal religious corporation, for the purpose of
compelling the defendants, Zosimo Fernandez, Salvador
Unson, Tomas Cabreza, Ramon Fabella, Pedro F. Caballes,

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and Pedro Lavadia, to account for a fund held by them as

trustees pertaining to the Brotherhood (Archicofradía) of
the Most Holy Sacrament of the town of Pagsanjan, and for
other purposes. The complaint as originally filed on June
22, 1925, was amended on October 16, 1925, for the
purpose of adding to the allegations of the complaint
certain facts relative to a litigation heretofore conducted by
the Roman Catholic Apostolic Archbishop of Manila against
the predecessors of the same defendants. The defendants
demurred both to the original and amended complaints. As
stated in the demurrer to the amended complaint, the
grounds of exception to the complaint are three: First, 'that
the plaintiff has no right to maintain the action; secondly,
that the facts alleged in the complaint do not constitute a
cause of action; and, thirdly, that the court lacks
jurisdiction to entertain the suit. Upon hearing the cause
the trial court sustained the demurrer and, upon election of
the plaintiff not to amend further, the court dismissed the
action, with costs against the plaintiff. From this judgment
the plaintiff appealed.
On February 20, 1807, a number of individuals
constituting or representing the guild of sangley mestizos of
the pueblo of Pagsanjan, in the Province of Laguna, united
themselves into a religious association or brotherhood for
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Verzosa vs. Fernandez

the purpose of raising and supplying, from year to year, the

means necessary to meet the expenses of the annual fiestas
in honor of the Most Holy Sacrament and of their patroness
the Virgen Lady of Guadalupe, as well as f or the further
purpose of procuring- the celebration of an annual requiem
mass for the repose of the souls of the deceased members.
The step met the approval of their superior, the Archbishop
of Manila, who was at the time upon a pastoral visit in
Pagsanjan, and the brotherhood was formally organized
under the name of La Archicofradía del Santísimo
Sacramento. Under the law as it then existed royal
approval was essential to the legality of an association of
this character; and it was not until July 23, 1819, that a
royal cedula, was issued by the king of Spain, placing the

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brotherhood upon a lawful basis and defining the manner

in which it should be organized and conducted. Meanwhile,
however, under the approval of the Archbishop, the
association had begun exercising its functions and had
maintained a de facto existence from the time of its first
organization.
On August 10, 1807, or within less than six months from
the inception of the project, the members of the guild who
were cooperating in the creation of the brotherhood held a
meeting in which they raised a fund of P1,128.86, f or the
purpose of promoting the purposes expressed in the
minutes of the meeting and of which more specific mention
will presently be made. The administration of this fund
was confided to the love, zeal and prudence of the
directorate of the brotherhood (cuyo manejo y
administración hemos depositado en amor, celo y prudencia
del Hermano mayor y demás hermanos de mesa de la
Archicofradía del Santísimo Sacramento). By this
arrangement "the Elder Brother and other Brothers of the
Executive Board"—an expression f or which we may
perhaps substitute the brief er collective term
"Directorate"—became trustee for the administration of the
fund. From this it will be seen that, instead of being the
particular property of the brotherhood,
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630 PHILIPPINE REPORTS ANNOTATED

Verzosa vs. Fernandez

the fund was intended to be merely held and administered

by the Directorate in trust for the purposes specified by the
founders. With respect to the administration of the fund it
was, among other things, provided that the money should
be lent from year to year upon interest at the rate of 5 per
centum per annum, preferably to the founders or their
descendants other than the actual administrators of the
fund. A number of other provisions, not necessary to be
here specified, were made with a view to the conservation
of the fund and the accumulation of the interest with the
capital until the amount of the f fund should reach at least
P6,000. That the provision with respect to the careful
lending and conservation of the money has been followed
with fidelity seems to be indicated in the fact that the

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amount of the trust fund now in the hands of the

defendants is alleged to be approximately P29,921, as of
the date of March, 1922.
With respect to the uses to which the income might be
applied, it was declared that, in consideration of the
management of the fund by the Directorate of the
brotherhood, the founders ceded to the brotherhood, in its
own particular right, so much of the income as might be
necessary to supplement other available funds for the
celebration of the fiestas to the maintenance of which the
brotherhood had obligated itself, as well as the amount
necessary to pay the salary of the school teacher of the
guild and the further amount needed for the celebration of
two masses for any member of the Directorate who might
die. Then follows a provision to the effect that, when the
fund reaches the amount of P6,000, there should be applied
from the income an amount necessary to pay a teacher of
grammar for the instruction of the children of mestizos who
desired to follow the literary career. Among other
provisions we note the requirement that members of the
Directorate shall respond personally for any part of the
fund lost by their
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Verzosa vs. Fernandez

remissness or malice, and to this end it is declared that

they shall account to the Gobernadorcillo, for the time
being, of the place.
Proceeding now to examine the provisions contained in
the royal cedula of July 23, 1819, relative to the
constitution of the Board of Directors of the brotherhood
(called Junta in the royal cedula), the election of its
members, and the supervision over the acts of the body, we
find that the Board has, for Rector, the parish priest ex
oficio, or in case of the absence or illness of this dignitary,
his senior coadjutor. The other members of the Board are
elective, being seven in number, namely, the Elder Brother,
the Steward, the Treasurer, the Secretary, and three
Deputies exercising the function of vicars in divine
worship.

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The provisions governing the election of the seven

elective members of the incoming Board are a little
complicated, since said members are chosen by an electoral
college of twelve, consisting of the seven elective members
of the existing Board, assisted by five electors, who must
themselves be first chosen in the manner prescribed in the
cedula. The election for members of the Board is to be held
on December 12 of each year; and the meetings held for
this purpose are presided over by the Alcalde Mayor of the
province, as representative of royal authority, or in case of
his absence or illness, by the official succeeding to the
command of the province, with the assistance of the Rector.
The duty of canvassing the votes cast for the members of
the Board is confided to the Chairman (Alcalde Mayor) and
the Rector. In case of a tie the Rector is given the deciding
vote. It is enjoined upon the Rector to attend all meetings
of the Board, and he is given authority to propose matters
for discussion relative to the welfare of the Brotherhood
and its f funds, but in an advisory capacity only, without
vote. To the Rector is also confided one of the three several
keys to the safe, or safes, in which the money and valuables
of the Brotherhood are kept.
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632 PHILIPPINE REPORTS ANNOTATED

Verzosa vs. Fernandez

In article 20 of Chapter 5 of the royal cedula attention is

given to the sources from which will be derived the means
necessary to meet the obligations of the Brotherhood, and
reference is here made to the duty of the guild of mestizos,
as f ounders, to supply whatever may be lacking for the
pious purposes of the Brotherhood. In article 21 of the same
chapter it is declared that as soon as the funds of the
Brotherhood reach the amount of P5,000, the guild of
mestizos shall be free from the af oresaid obligation; and it
is directed that the money shall be put out at interest
under substantially the same conditions as had been
prescribed in the resolution of August 10, 1807,
establishing the fund already mentioned. In article 22 of
the same chapter the pious uses are defined to which the
income shall be applied when the fund reaches the amount
of P5,000, and an additional pious use when it reaches

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P10,000. Upon this follows a provision to the effect that, in

this state of the fund, a primary teacher shall be employed
for the guild of mestizos with an appropriate salary at the
discretion of the board, and, upon a further considerable
increase of said fund, a foundation for a teacher in Latin
grammar shall be endowed with a salary determined by the
same Board.
Upon comparing the original resolution of August 10,
1807, establishing the fund, with articles 21 and 22 of the
royal cedula of July 23, 1819, and bearing in mind the fact
that the association was wholly devoid of legality until
royal approval was obtained and the further fact that, in
approving the cedula, the king was entirely free to fix such
conditions as he then saw fit, it is a necessary conclusion
that the original conditions of the trust must be considered
as having been incorporated in the royal cedula; and the
trust, as we now have it, is effectually defined and
determined by said cedula. It results, therefore, in our
opinion, that since July 23, 1819, when the royal cedula
took effect, the administration of the trust fund has
pertained to the Board of Directors of the Brotherhood as
one
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Verzosa vs. Fernandez

of its inherent functions; and it is no longer appropriate to

conceive of the trust as a mere institution administered by
the Brotherhood for the founders of the fund and their
successors. In this connection we do not overlook the
provision in the closing paragraph of the royal cedula
declaring that the property and funds of the Brotherhood
must not be understood as having been "spiritualized" at
any time. But the idea expressed in that provision is
fulfilled by the continued application of the fund to the
lawful pious and civil uses for which it was intended.
We now quit our survey of the principles governing the
trust in question and turn f or a moment to the allegations
of the complaint. In this connection we find it stated in the
complaint that the plaintiff, Bishop of Lipa, is the
administrator of the temporalities of the Catholic Church
in the diocese of Lipa and that he exercises the right of

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supervision and inspection over all the brotherhoods

established therein, of which the Brotherhood in question
is one; and it is further alleged that the individual
defendants constitute a majority of its Board of Directors
and that they have employed, and are employing, its
properties and funds in contravention of the spirit and
purposes of the trust.
It takes but a moment's reflection upon the allegations
of the complaint and especially the statement that the
defendants are employing the properties of the
Brotherhood in contravention of the spirit and purposes of
the trust, to enable one to realize that the complaint is not
demurable. In the exercise of their equitable powers our
courts have undoubted jurisdiction to compel a trustee
properly to perform his trust and, if necessary, to remove
him from office. We note that it is prayed in the complaint
that the defendants be required to render account to the
plaintiff; but it is to the court that the defendants should be
required to account.
In view of the allegations of the complaint, there can be
no sort of doubt as to the right of the plaintiff, as Bishop of
the diocese of Lipa, to maintain this action. As
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Del Rosario vs. Villegas

ecclesiastical superior of the parish priest (who is ex oficio

Rector of the Brotherhood), the Bishop necessarily has an
interest in the enforcement of the trust, even apart from
the duty imposed upon his predecessor, the Archbishop of
Manila, in the closing paragraph of the royal cedula, to
enforce exact and punctual performance of the trust.
As stated in the opening paragraph of this opinion, the
demurrer to the amended complaint is of a general
character, being directed to the questions of the jurisdiction
of the court, the right of the plaintiff to maintain the
action, and the sufficiency of the facts stated to constitute a
ground of action. None of the points presented in the
demurrer are well founded.
Several points of some interest are discussed in the
learned opinion of the trial court, and several of his
conclusions have been here subjected to criticism in the

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brief of the appellant; but in view of the fact that these

matters have not been put in issue by special demurrers
and of the further fact that the complaint is certainly
sufficient in respect to the right of the plaintiff to compel
the proper performance of the trust, we deem it advisable
merely to reverse the judgment and overrule, as we hereby
do overrule, the demurrer, with the result that the
defendants will be required to answer.
It is accordingly so ordered, without special
pronouncement as to costs.

Avanceña, C. J., Johnson, Villamor, Ostrand, Johns,

Romualdez, and Villa-Real, JJ., concur.

Judgment reversed and demurrer overruled.

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