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J. Ma. Cui vs. T. Cui

JESUS MA. CUI, plaintiff-appellant, vs. TEODORO CUI, defendant-appellee. MARIANO CUI, intervenor-appellant.

G.R. No. 39773 | 1934-04-09

D E C I S I O N


GODDARD, J:

This case presents an interesting question and one of first impression in this jurisdiction. The question is whether an office in a corporation is a public office within the meaning of section 201 of the Code of Civil Procedure, providing that "a person claiming to be entitled to a public office, unlawfully held and exercised by another, may bring an action therefor," without the intervention of the Attorney-General or of the fiscal of the province, as required in other quo warranto proceeding under sections 199 and 200 of the same Code, especially where, as in this case, the corporation involved was created...