REPUBLIC OF THE PHILIPPINES vs. ACOJE MINING COMPANY, INC.

G. R No. L-18062, February 28, 1963

FACTS:
On May 17, 1948, the Acoje Mining Company, Inc. wrote the Director of Posts requesting the opening of
a post, telegraph and money order offices at its mining camp at Sta. Cruz, Zambales, to service its
employees and their families that were living in said camp.
On April 11, 1949, Their request was approved by the Director of Posts and required that the company
will have direct responsibility for whatever pecuniary loss may be suffered by the Bureau of Posts by
reason of any act of dishonesty, carelessness, or negligence on the part of the employee of the company.
The post office branch operated on October 13, 1949 with one postmaster.
On May 11, 1954, Hilario M. Sanchez the postmaster went on a three-day leave but never returned.
Acoje Mining immediately informed Manila Post Office and upon auditing there was a shortage of
P13,867.24
The post office demanded payment for the amount but the company denied the liability wherein it
assumed responsibility for the act of the postmaster is ultra vires, and in any event its liability under said
resolution is only that of a guarantor who answers only after the exhaustion of the properties of the
principal, aside from the fact that the loss claimed by the plaintiff is not supported by the office record.
The court favored P9515.25 since it was the only present evidence for such amount.
ISSUE:
Whether or not the board of director’s approval of post office was an ultra vires?
HELD:
No, the resolution of the company to approve the post office was solely and direct responsibility for
dishonest, careless, or negligent act to its appointed postmaster. The act of board of director’s was
concerning to the benefit, convenience and welfare of employees which was understood in the context of
ultra vires. There are certain acts that may be performed outside the Articles of Incorporation since it is
necessary for the promotion of interest or welfare of the corporation.