Case Digest (G.R. No. 47736)
Facts:
- Cosme Profeta and other petitioners filed a petition against Judge Jose Gutierrez David, the Provincial Sheriff of Cavite, and Eduviges Bonus.
- The petition sought a writ of certiorari with an injunction to stop the enforcement of court orders from August 27 and September 2, 1940, in civil case No. 3690.
- The orders required the petitioners to surrender possession of lots Nos. 1878 and 1879 to Eduviges Bonus.
- The case originated from the death of Teodora Bocalan on November 30, 1932, who had three legitimate children: Bonifacio, Cosme, and Hermenegildo Profeta.
- After Bonifacio's death, his children and Cosme became petitioners.
- Hermenegildo was appointed as the general administrator of Teodora's estate in civil case No. 2697 and was granted a license to sell lot No. 1878 on November 14, 1935, to settle debts.
- The sale was confirmed and registered, with proceeds used to pay estate claims.
- The petitioners did not appeal the court's orders regarding the sale or the administrator's accounts.
- Hermenegildo died on May 23, 1939, leaving Eduviges Bonus as his widow.
- The dispute arose over the possession of lots Nos. 1878 and 1879, with petitioners claiming inheritance and Eduviges asserting rightful possession.
- Eduviges filed a motion for possession in civil case No. 3690, which the court granted.
- The petitioners alleged the court acted without jurisdiction and abused its discretion, claiming lot No. 1879 was fraudulently acquired by Hermenegildo.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for certiorari and dissolved the preliminary injunction, imposing costs on the petitioners.
- The court ruled that the petitioners&#...(Unlock)
Ratio:
- The Supreme Court stated that the petitioners could not seek relief through certiorari as they neglected to appeal the orders granting the license to sell lot No. 1878.
- The court noted that a license to sell real estate in adminis...continue reading
Case Digest (G.R. No. 47736)
Facts:
The case involves an original petition filed by Cosme Profeta and other petitioners against Jose Gutierrez David, the Judge of the Court of First Instance of Cavite, the Provincial Sheriff of Cavite, and Eduviges Bonus, the widow of Hermenegildo Profeta. The petitioners sought a writ of certiorari with an injunction to prevent the enforcement of the court's orders dated August 27 and September 2, 1940, in civil case No. 3690, which required them to surrender possession of lots Nos. 1878 and 1879 of the Santa Cruz de Malabon Estate to Eduviges Bonus. The case traces back to the death of Teodora Bocalan on November 30, 1932, who left three legitimate children: Bonifacio Profeta, Cosme Profeta, and Hermenegildo Profeta. After Bonifacio's death, his legitimate children, along with Cosme, became the petitioners. In the intestate proceedings for Teodora's estate (civil case No. 2697), Hermenegildo was appointed as the general administrator. The court granted him a license to sell lot No. 1878 to Deogracias Solis on November 14, 1935, to settle debts and expenses. The sale was confirmed by the court and registered, with the proceeds used to pay claims against the estate. The petitioners did not appeal any of the court's orders regarding the sale or the approval of the administrator's accounts. Hermenegildo Profeta died on May 23, 1939, leaving behind a widow, Eduviges Bonus. The contro...