Facts:

The case involves Casimiro V. Arkoncel, Jr. as the petitioner against Hon. Alfredo J. Lagamon, the presiding judge of the Court of First Instance (CFI) of Davao City, Branch I, and Investors' Finance Corporation (FNCB) as respondents. The events leading to this case began with the death of Casimiro F. Arkoncel, Sr. on July 20, 1976, in Davao City, leaving behind an estate valued at approximately P241,020.00. Following his death, a petition for letters of administration was filed on November 24, 1976, by one of the heirs, Nenita C. Valdez, seeking the appointment of Maria V. Vda. de Arkoncel, the widow, as the administrator of the estate. However, the court appointed Casimiro V. Arkoncel, Jr., the eldest son, as the judicial administrator without bond on April 1, 1977.

On January 9, 1978, a compromise agreement was reached between the judicial administrator and FNCB regarding debts incurred by the deceased, which included a principal sum of P44,438.00, interest, attorne...

Facts:

Background of the Case

• The late Casimiro F. Arkoncel died intestate on July 20, 1976, in Davao City, leaving an estate valued at approximately P241,020.00.
• A petition for letters of administration was filed on November 24, 1976, by Nenita C. Valdez, one of the heirs, seeking the appointment of Maria V. Vda. de Arkoncel (the widow) as administrator of the estate. The case was docketed as Special Case No. 2079 in the Court of First Instance (CFI) of Davao City, Branch I.
• All heirs consented to the appointment of the widow, but the court appointed Casimiro V. Arkoncel, Jr. (the eldest son) as the judicial administrator without bond. Letters of administration were issued on April 11, 1977, granting him full authority to manage the estate.

Claims Against the Estate

• On July 5, 1977, the intestate court issued an order requiring all creditors to file their claims within six months. FNCB Finance (respondent) filed a claim on October 7, 1977, for:
  • Principal: P44,438.00
  • Interest: 14% per annum
  • Attorney’s fees: P11,109.50
  • Liquidated damages: P4,443.38

Compromise Agreement

• On January 9, 1978, the judicial administrator (petitioner) and FNCB Finance entered into a compromise agreement, wherein:
  • The administrator admitted the claim.
  • FNCB Finance reduced its attorney’s fees to 15% of the principal (P6,665.70).
• The intestate court approved the agreement on May 17, 1978, ordering the administrator to pay the agreed amounts within 30 days.

Failure to Comply and Motion for Execution

• The administrator failed to pay the claim within the stipulated period. FNCB Finance filed a motion for execution on November 25, 1978.
• The respondent judge granted the motion on December 13, 1978, issuing a writ of execution. The administrator’s motion for reconsideration was denied on January 12, 1979.

Petition for Certiorari

• The administrator filed a petition for certiorari with the Supreme Court on May 15, 1979, challenging the issuance of the writ of execution. The Court gave due course to the petition on July 9, 1979.

Supervening Events

• While the case was pending, the Davao Provincial Sheriff levied and sold a portion of the estate at public auction, with FNCB Finance as the highest bidder. The administrator filed a separate case challenging the validity of these proceedings.

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Issue:

1. Whether the respondent judge acted without or in excess of jurisdiction in ordering the issuance of a writ of execution for the payment of a debt in an administration proceeding.
2. Whether properties in custodia legis (under court custody) may be subject to a writ of execution to satisfy a claim.

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Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court upheld the validity of the writ of execution, ruling that the compromise agreement was enforceable as a judgment. The petition was dismissed for lack of merit.