Title
Abad vs. Somera
Case
G.R. No. 82216
Decision Date
Jul 2, 1990
Ricardo Abad's estate dispute involved heirs contesting property ownership, with courts ruling on rightful heirs and possession, culminating in a dismissed contempt petition.

Case Summary (G.R. No. 87318)

Background of the Controversy

Ricardo Abad, who was a bachelor at the time of his death, cohabited with Honoria Empaynado for 27 years, during which they had two acknowledged natural children, Cecilia and Marian. Additionally, he fathered another acknowledged child, Rosemarie Abad y Seracho, with Dolores Seracho. The deceased's estate also included collateral relatives: his full-blood sister Dolores, half-blood brother Cesar, and alleged half-sister Carolina. Following his passing, a petition was filed for the settlement and administration of his estate, listing multiple properties.

The Initial Petition and Filing

On April 18, 1972, Dolores de Mesa Abad and Cesar Tioseco filed a Petition for Settlement and Administration in the Court of First Instance of Manila, asserting their claim over Ricardo Abad's properties. These properties were acquired via documented deeds of sale, and their possession became a contentious issue as the original petitioners updated their claims through an extrajudicial settlement purportedly allocating these properties among themselves.

Proceedings and Appointments

The proceedings led to the appointment of Cesar de Mesa Tioseco as the estate's administrator without acknowledging the heirs declared by the deceased, which included Honoria and their children. Upon discovering this proceeding, the aforementioned heirs filed for reconsideration, leading the court to declare the latter as the lawful heirs in a November 2, 1973 order and subsequently appointing Honoria as the administratrix.

Subsequent Legal Actions and Appeals

After several unsuccessful attempts by the original petitioners to assert their claim—including appeals that were deemed out of time—the case escalated to civil litigation for recovery of possession against Marietta Escultero, who allegedly occupied land owned by Ricardo Abad's estate. The ruling on this matter further highlighted the complexities surrounding the rightful heirs and the possession of properties in contention.

The Judgment and Allegations of Contempt

On September 4, 1986, the RTC ruled in Civil Case No. R-82-5879, recognizing the estate's ownership over contested properties. The decision came under scrutiny by petitioners alleging that judge Somera's ruling demonstrated contempt by disregarding prior Supreme Court instructions, thus constituting indirect contempt.

Legal Basis for Contempt

The court's delibera

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