Title
Berenguer vs. Arcangel
Case
G.R. No. L-33774
Decision Date
Apr 9, 1987
Dispute over estate administration and executor roles resolved by compromise partition, rendering legal challenges moot.
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Case Digest (G.R. No. L-33774)

Facts:

Background of the Case

  • The testator, Jose Martinez Berenguer, died on November 1, 1965, leaving behind his widow, Dominga J. Vda. de Berenguer, and 10 legitimate children (petitioners and private respondents). His estate consisted of over 450 hectares of agricultural lands and several commercial and residential properties in Sorsogon.

Probate of the Will

  • Jose Berenguer executed a Last Will and Testament on December 10, 1964, which was admitted to probate by the Court of First Instance of Sorsogon on January 17, 1966, without opposition from any heirs. The court appointed Dominga J. Vda. de Berenguer and Jose Berenguer, Jr. as joint executors, as per the testator’s wishes.

Resignation of Co-Executor

  • Two years later, Jose Berenguer, Jr. resigned as co-executor on September 11, 1967, leaving Dominga J. Vda. de Berenguer as the sole executor.

Petition for Removal and Replacement of Executor

  • On January 18, 1971, petitioner Eduardo J. Berenguer filed an urgent petition to remove Dominga J. Vda. de Berenguer as executrix, reinstate Jose Berenguer, Jr., and appoint Eduardo as executor. He also sought to stop Carlos Berenguer, who was managing the estate under a special power of attorney, from continuing his administration.

Court Orders and Motions

  • On March 22, 1971, the court reinstated Jose Berenguer, Jr. as co-executor and co-administrator. However, on March 29, 1971, the court issued another order restricting Jose Berenguer, Jr. from managing the estate, limiting his role to being an "eye and ear" for the heirs.
  • Petitioners filed a motion for reconsideration, which was denied on June 9, 1971.

Filing of the Petition for Certiorari

  • Petitioners filed a petition for certiorari on July 15, 1971, seeking to reverse the March 29, 1971, and June 9, 1971 orders, alleging grave abuse of discretion by the respondent judge.

Appointment of Administrator

  • The Supreme Court issued a preliminary injunction on July 26, 1971, and later appointed Hermo Velasco as administrator of the estate on May 16, 1972, after the parties failed to agree on a common nominee.

Contempt Proceedings

  • Several contempt motions were filed against respondents for allegedly disobeying court orders, including the unauthorized management of the estate and interference with the appointed administrator.

Compromise Partition

  • On August 1, 1973, the heirs submitted a compromise partition of the estate, which was approved by the court on September 13, 1979, rendering the petition moot and academic.

Issue:

  1. Whether the respondent judge committed grave abuse of discretion or acted without jurisdiction by:

    • Issuing the March 29, 1971, order restricting Jose Berenguer, Jr. from managing the estate and limiting his role to being an "eye and ear" for the heirs.
    • Denying petitioners' motion for reconsideration on June 9, 1971.
    • Unduly delaying the resolution of petitioners' urgent motion for reconsideration.
  2. Whether the respondents should be held in contempt for disobeying court orders and interfering with the administration of the estate.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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