THE ROMAN CATHOLIC ARCHBISHOP OF MANILA, PLAINTIFF, VS. ALVARA FAJARDO AND ERIBERTO NAVARRO, DEFENDANTS.

This is an original action of replevin instituted in this court
pursuant to the provisions of Act No. 1376 by the Roman Catholic
Archbishop of Manila, for the purpose of recovering from the
defendants, Alvara Fajardo and Eriberto Navarro, an image of Christ
lying in the sepulcher, and known popularly as Santo Entierro, Santo Sepulcro, Cristo Yacente,
as well as by the name Apung Macalulu, together with the carriage, or
litter, in which it is conveyed in procession. .The defendants do not
deny having possession of the image and carriage, but it appears that
Eriberto Navarro is not the real person in interest, being merely the
agent of his aunt Alvara Fajardo, who is asserting title to the image
and carriage adverse to the plaintiff.

It appears in evidence that eighty or a hundred years ago Macario
Paras, parish priest of Angeles, Pampanga, caused this venerated image,
popularly known as Apung Macalulu, to be sculptured
by a well-known sculptor of that day, named Buenaventura. It was at
first installed in a little sanctuary built by Padre Paras on his own
premises and there became an object of veneration among the pious
inhabitants of the vicinage. The plaintiff has put in evidence an entry
in the book of records of the Roman Catholic Church of Angeles from
which it appears that the image in question, with the carriage and
other appendages, was in 1854 treated as a gift to the church from
Padre Paras (Exhibit B). The plaintiff also put in evidence a similar
entry found in the church records under date of February 20, 1865, from
which it appears that the image in question, with its adornment and
carriage, was a gift from Padre Paras and was then in his care. There
is further proof showing that about the year 1872 the image, with
carriage, was transferred to the church. It there remained until about
1896 or 1897 when, owing to the disturbed conditions of the country,
the image and carriage were removed and carried to another municipality
for safekeeping. About 1904 it was taken back to the church where it
remained, except when taken out on two occasions each year for the
purpose of being carried in solemn procession. One of these occasions
was the procession celebrated on Friday of Holy Week; and the other was
upon the occasion of the proper fiesta of this particular
saint held in October. When the image was carried out in procession on
Holy Friday of the year 1928, the defendant Eriberto Navarro, acting
for his aunt Alvara Fajardo, and with the assistance of numerous other
persons acting in collusion with him, caused the image to be taken
forcibly from the precincts of the church, when the procession was
over, and from thence it was carried to a place that had been
constructed for its deposit. It was this act which gave rise to the
present action.

The claim put forth by Alvara Fajardo has its origin in the
following facts: Padre Paras died about the year 1876, leaving a will
in which he instituted his nephew, Mariano V. Henson, as his universal
heir, and he is supposed to have inherited the image from Padre Paras.
From Henson the image passed by transfer, so it is claimed, to Fernanda
Sanchez, and from her to her son, Crispulo Bundoc, and his wife, the
defendant Alvara Fajardo. Crispulo Bundoc is now dead, leaving Alvara
Fajardo as the only claimant to the image by virtue of alleged title
derived along the line indicated. But the entries in the inventory of
properties of the church to which we have referred above show that
before his death Padre Paras had given the image to the church or at
least that the church was holding it under claim of such gift. It
therefore did not pass with other property of Paras to Henson as a
result of the will made by Paras in which Henson was instituted as
universal heir. More than this, the transfer of the property from
Henson to Fernanda Sanchez is not proved by satisfactory testimony.
What is proved is that after the death of Padre Paras, Fernanda Sanchez
exercised the office of recamadera of the image, and this
office finally passed to Alvara Fajardo, one of the defendants in this
case. The church authorities seem never to have questioned, prior to
the institution of this action, the right of Alvara Fajardo to this
office. It appears to be the duty of the recamadera to keep
the image and its carriage in proper condition and to supply proper
apparel for it,—all of which is done with money supplied by
contributions of the pious. In addition to this, it is the duty of the
person filling said office to collect alms with which to pay for the
religious services incident to the celebrations devoted to the saint.
As a result of these duties, the person filling such office apparently
has a right of free access to the image.

We conclude from the evidence that the right pertaining to Alvara Fajardo as recamadera
does not carry with it the ownership of the image or the carriage; and
the church, having had possession of the image, under claim of
ownership by gift, for a long period of time, the title of the
Archbishop thereto is perfect.

Judgment will therefore be entered for the plaintiff to recover of
the defendants the image and carriage which are the subject of this
action; and a writ for the delivery of the same to the plaintiff will
accordingly issue from this court in due course. So ordered, without
costs.

Johnson, Malcolm, Ostrand, Johns, and Villa-Real, JJ., concur.