G.R. No. L-9959 December 13, 1916THE GOVERNMENT OF THE PHILIPPINE ISLANDS, rere!e"#e$ b% #&e Tre'!(rer o) #&e P&*+**"e I!+'"$!, plaintiff-appellee, vs.EL MONTE DE PIEDAD , -A.A DE AHORRAS DE MANILA, defendant-appellant.William A. Kincaid and Thomas L. Hartigan for appellant. Attorney-General Avancea for appellee. TRENT, J.:About $400,000, were subscribed and paid into the treasury of the Philippine Islands by the inhabitants of the Spanish Doinions of the relief of those daa!ed by the earth"ua#e which too# place in the Philippine Islands on $une %, &'(%. Subse"uent thereto and on )ctober ( of that year, a central relief board was appointed, by authority of the *in! of Spain, to distribute theoneys thus voluntarily contributed. After a thorou!h investi!ation and consideration, the relief board allotted $%(+,,0%.+0 to the various sufferers naed in its resolution, dated Septeber --,&'((, and, by order of the .overnor-.eneral of the Philippine Islands, a list of these allotents, to!ether with the naes of those entitled thereto, was published in the )fficial .a/ette of 0aniladated April ,, &',0. 1here was later distributed, inaccordance with the above-entioned allotents, the su of $%0,-22.(+, leavin! a balance of S%(+,40%.'+ for distribution. 3pon the petition of the !overnin! body of the Monte de Piedad, dated 4ebruary &, &'%%, the Philippine .overnent, by order dated the &st of that onth, directed its treasurer to turn over to the Monte de Piedad the su of $'0,000 of the relief fund in installents of $-0,000 each. 1hese aounts were received on the followin! dates5 4ebruary &+, 0arch &-, April &4, and $une -, &''%, and are still in the possession of the Monte de Piedad. )n account of various petitions of the persons, and heirs of others to who the above-entioned allotents were ade by the central relief board for the payent of those aounts, the Philippine Islands to brin! suit a!ainst the Monte de Piedad a recover, 6throu!h the Attorney-.eneral and in representation of the .overnent of the Philippine Islands,6 the $'0.000, to!ether with interest, for the benefit of those persons or their heirs appearin! in the list of naes published in the )fficial .a/ette instituted on 0ay %, &2&-, by the .overnent of the Philippine Islands, represented by the Insular 1reasurer, and after due trial, 7ud!ent was entered in favor of the plaintiff for the su of $'0,000 !old or its e"uivalent in Philippine currency, to!ether with le!al interest fro 4ebruary -', &2&-, and the costs of the cause. 1he defendant appealed and a#es the followin! assi!nent of errors5&. 1he court erred in not findin! that the ei!hty thousand dollars 8$'0,0009, !ive to the Monte de Piedad y a!a de Ahorros, were so !iven as a donation sub7ect to one condition, to wit5 the return of such su of oney to the Spanish .overnent of these Islands, within ei!ht days followin! the day when claied, in case the Supree .overnent of Spain should not approve the action ta#en by the forer !overnent.-. 1he court erred in not havin! decreed that this donation had been cleared: said ei!htythousand dollars 8$'0,0009 bein! at present the e;clusive property of the appellant the Monte de Piedad y a!a de Ahorros.%. 1hat the court erred in statin! that the .overnent of the Philippine Islands has subro!ated the Spanish .overnent in its ri!hts, as re!ards an iportant su of oneyresultin! fro a national subscription opened by reason of the earth"ua#e of $une %, &'(%, in these Island.4. 1hat the court erred in not declarin! that Act s petition, dated 4ebruary &, &''%, addressed to the .overnor-.eneral of the Philippine Islands, which reads5?oard of Directors of the Monte de Piedad of 0anila Presidencia.@;cellency5 1he ?oard of Directors of the Monte de Piedad y a!a de Ahorros of 0anila infors your @;cellency, 4irst5 1hat the funds which it has up to the present been able to dispose of have been e;hausted in loans on 7ewelry, and there only reains the su of one thousand and odd pesos, which will be e;pended between to-day and day after toorrow. Second5 1hat, to aintain the credit of the establishent, which would be !reatly in7ured were its operations suspended, it is necessary to procure oney. 1hird5 1hat your @;cellency has proposed to Ais 0a7esty>s .overnent to apply to the funds oftheMonte de Piedad a part of the funds held in the treasury derived for the national subscription for the relief of the distress caused by the earth"ua#e of &'(%. 4ourth5 1hat in the public treasury there is held at the disposal of the central earth"ua#e relief board over $&020,000 which was deposited in the said treasury by order of your !eneral .overnent, it havin! been transferred thereto fro the Spanish-4ilipino ?an# where it had been held. fifth5 1hat in the strai!htened circustances of the oent, your @;cellency can, to avert ipendin! disaster to the Monte de Piedad, order that, out of that su of one hundred thousand pesos held in the 1reasury at the disposal of the central relief board, there be transferred to the Monte de Piedad the su of $'0,000, there to be held under the sae conditions as at present in the 1reasury, to wit, at the disposal of the "elief #oard. Si;th5 1hat should this transfer not be approved for any reason, either because of the failure of Ais 0a7esty>s .overnent to approve the proposal ade by your @;cellency relative to the application to the needs of the Monte de Piedad of a pat of the subscription intended to believe the distress caused by the earth"ua#e of &'(%, or for any other reason, the board of directors of the Monte de Piedadobli!ates itself to return any sus which it ay have received on account of the ei!hty thousand pesos, or the whole thereof, should it have received the sae, by securin! a loan fro whichever ban# or ban#s ay lend it the oney at the cheapest rate upon the security of pawned 7ewelry. B 1his is an ur!ent easure to save the Monte de Piedad in the present crisis and the board of directors trusts to secure your@;cellency>s entire cooperation and that of the other officials who have ta#e part in the transaction.1he .overnor-.eneral>s resolution on the fore!oin! petition is as follows5.@s ri!ht to aintain this action would be contrary to sound public policy, as tendin! to discoura!e the propt e;ercise of siilar acts of huanity and Ehristian benevolence in li#e instances in the future.As to the "uestion raised in the fourth assi!nent of error relatin! to the constitutionality of Act theory is the correct one the action ay have prescribed on 0ay %, &2&-, because ore than ten full years had elapsed after 0arch %&, &20-.8Sections %' and 4%, Eode of Eivil Procedure.9Is the Philippine .overnent bound by the statute of liitationsK 1he Supree Eourt of the 3nited States in 3. S.vs.