Case Digest (G.R. No. L-26095)
Facts:
- The case involves Ricarda Fariscal Vda. de Emnas and others against Gregorio Emnas and Judge Honorato Garciano.
- The dispute centers on the estate of Eduardo Emnas, who died intestate on September 16, 1953.
- Eduardo left properties, including agricultural lands and residential lots in Barugo, Leyte.
- The petitioners, Eduardo's widow and children, filed for partition and accounting of the estate in April 1958.
- Gregorio, one of the deceased's children, admitted to being the estate's administrator and claimed to have turned over proceeds to Ricarda.
- On June 18, 1962, the court approved a partition project, which became final as no appeal was filed.
- On December 24, 1963, the petitioners requested an accounting of the estate's income and payment of taxes.
- The court ordered Gregorio to comply on January 15, 1964, but he failed to do so.
- Gregorio filed a motion to quash the order, claiming he was not formally recognized as the administrator.
- The court granted Gregorio's motion on September 25, 1965, prompting the petitioners to file a petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for lack of merit.
- The Court affirmed the lower court's order of September 25,...(Unlock)
Ratio:
- The Court reasoned that the lower court lost jurisdiction after the June 18, 1962 decision became final and executory.
- The court's only remaining function was to execute the judgment, and it could not entertain further issues.
- The January 15, 1964 order was null and voi...continue reading
Case Digest (G.R. No. L-26095)
Facts:
The case of Ricarda Fariscal Vda. de Emnas, Elvira Emnas, Elena Emnas, Eduardo Barreda, and Lolito Villaflor vs. Gregorio Emnas and Honorable Honorato Garciano, as Judge of the Court of First Instance of Leyte, Branch VI, Carigara, Leyte, revolves around the estate of Eduardo Emnas, who died intestate on September 16, 1953. He left behind properties, including parcels of land used for coconut, corn, and rice cultivation, as well as residential lots with improvements, located in various barrios of Barugo, Leyte. The petitioners, who are the widow and children of the deceased, filed a complaint in April 1958 for the partition of the estate and for an accounting of the income generated from the estate, which was being administered by the respondent Gregorio Emnas, one of the deceased's children. In his answer, Gregorio admitted to being the administrator of the estate at the request of Ricarda, the widow, and claimed that he had been turning over the proceeds to her.
On June 18, 1962, the Court approved a project of partition, which included a modification allotting a specific land parcel to Gregorio. This decision became final and executory as no appeal was filed. However, on December 24, 1963, the petitioners filed a motion for Gregorio to render an accounting of the estate's income and to pay the taxes due. The court issued an order on January 15, 1964, requiring Gregorio to comply with these requests. When Gregorio faile...