Facts:

This case involves Gavino Aldamiz, the administrator of the estate of the deceased Santiago Rementeria y Aldamizcogeascoa, as the petitioner against the Judge of the Court of First Instance of Mindoro, the Provincial Sheriff of Mindoro, and Juan L. Luna, the attorney for the administrator, as respondents. Santiago Rementeria, a Spaniard, was a member of the commercial partnership "Aldamiz y Rementeria" and passed away in Spain in 1937. Following his death, Gavino Aldamiz initiated probate proceedings in the Court of First Instance of Mindoro, where he was appointed as the administrator and represented by Atty. Juan L. Luna. On January 15, 1947, after ten years of proceedings, Aldamiz submitted his accounts for the years 1944, 1945, and 1946, along with a project of partition to close the estate. The court approved the accounts but refused to sanction the project of partition until all debts, including attorney's fees, were settled. Atty. Luna, believing that a f...

Facts:

1. Background of the Case:

   • Santiago Rementeria y Aldamizcogeascoa, a Spaniard and member of the commercial partnership "Aldamiz y Rementeria," died in Spain in 1937.
   • Gavino Aldamiz, his brother and co-partner, was appointed administrator of Santiago's estate and was represented by Atty. Juan L. Luna in probate proceedings initiated in 1937.

2. Probate Proceedings:

   • The probate proceedings lasted for ten years, during which Atty. Luna actively participated as the attorney for the administrator.
   • On January 15, 1947, Gavino Aldamiz, through Atty. Luna, submitted accounts for 1944-1946 and a project of partition to close the estate. The court approved the accounts but refused to approve the partition unless debts, including attorney’s fees, were paid.

3. Attorney’s Fees:

   • Atty. Luna, without filing a written claim or notifying interested parties, presented evidence of his services to the court to fix his fees.
   • The court awarded Atty. Luna P28,000 for his services, including P15,000 for probate work, P5,000 for land registration, P3,000 for naturalization cases, and P5,000 for inheritance tax reduction.

4. Execution of Judgment:

   • Gavino Aldamiz paid P5,000 but failed to pay the remaining P23,000. Atty. Luna filed for execution, leading to the sale of partnership properties worth P182,360 for only P20,000 at a public auction.

5. Legal Dispute:

   • Gavino Aldamiz challenged the court’s order fixing Atty. Luna’s fees and the subsequent execution, arguing lack of notice and improper procedure.

Issue:

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Ruling:

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Ratio:

1. Proper Procedure for Attorney’s Fees:

   • Attorneys must file a written claim for fees and notify all interested parties before the court can fix the amount. Failure to follow this procedure renders the court’s order null and void.

2. Execution of Judgments in Estate Proceedings:

   • Execution is not the proper remedy for paying debts and expenses of administration. The court must order the sale or mortgage of estate properties after notice to all heirs and legatees.

3. Laches and Fiduciary Relationships:

   • Laches does not apply when a party fails to act due to a fiduciary relationship or lack of notice, especially when other interested parties are also affected.