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Cui vs Cui

G.R. No. L-18727, August 31, 1964


Ponente: Justice Makalintal
Plaintiff: Jesus Ma. Cui
Defendant: Antonio Ma. Cui
Facts:
Hospicio De San Jose Barili is a charitable institution established by the spouses Don Pedro
Cui and Dona Benigna Cui, now deceased,” for the care and support, free of charge, of
indigent invalids, and incapacitated and helpless persons.” It acquired corporate existence by
Act. No. 3239 of the Philippine Legislature. Sec 2 of Act 3239 gave the initial management to
the founders and in case of their incapacity or death, to “such persons as they nominate or
designate, in order to prescribe to them”.
Plaintiff Jesus Ma. Cui and defendant Antonio Ma. Cui are brothers, being the sons of
Mariano Cui, one of the nephews of the spouses Don Pedro and Dona Benigna Cui. When
the incumbent administrator, Dr. Teodoro Cui resigned, the administration of the Hospicio
was turned over to Antonio Ma. Cui pursuant the “convenio” entered between them and
eventually took his oath of office the next day. The defendant, Jesus Ma. Cui, however, had
no prior notice of either the “convenio” or his brother’s assumption of office.

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