EN BANC
[G.R. No. L-2166. August 30, 1949. ]
ESTRELLA LEDESMA, Petitioner, v. EDUARDO ENRIQUEZ, Judge of the Court of First Instance of Negros Oriental, Respondent.
Tolentino & Aguas for Petitioner.
The respondent Judge in his own behalf.
SYLLABUS
1. ARREST; A PERSON’S OR PARTY’S DISOBEDIENCE TO A VALID ORDER FOR APPEARANCE; POWER OF COURT TO ORDER ARREST. — When a person or party is legally and validly required by a court to appear before it for a certain purpose, and that requirement is disobeyed, the only remedy left for the court is to use force to bring such person or party before it.
2. ADMINISTRATORS; RIGHT TO REFUSE APPOINTMENT OR OBLIGATION TO COMPLY WITH DUTIES. — No one may be compelled to act as administrator in any proceedings. But as long as she accepted the appointment of administratrix, qualified as such, and led the court and the heirs to believe that she would perform her duties as such and protect and serve the interests of said heirs and other interested parties, she was bound to comply with her duties. If later on she found it difficult or impossible to continue with her administration, at least she should have filed an inventory of the properties she had administered and render an accounting of her administration, particularly of the produce, fruits and income of the properties under administration, and then ask the court that she be relieved of her duties.
2. ADMINISTRATORS; RIGHT TO REFUSE APPOINTMENT OR OBLIGATION TO COMPLY WITH DUTIES. — No one may be compelled to act as administrator in any proceedings. But as long as she accepted the appointment of administratrix, qualified as such, and led the court and the heirs to believe that she would perform her duties as such and protect and serve the interests of said heirs and other interested parties, she was bound to comply with her duties. If later on she found it difficult or impossible to continue with her administration, at least she should have filed an inventory of the properties she had administered and render an accounting of her administration, particularly of the produce, fruits and income of the properties under administration, and then ask the court that she be relieved of her duties.
D E C I S I O N
MONTEMAYOR, J.:
This is a case of prohibition instituted by Estrella Ledesma, administratrix in testate proceedings No. 1362 in the Court of First Instance of Occidental Negros, against Judge Eduardo D. Enriquez, presiding over the third branch of said court. The facts which may be gathered from the petition and from the answer and annexes attached thereto of the respondent, may be briefly stated as follows:chanrob1es virtual 1aw library
This case No. 1362 aforementioned refers to the testate estate of the deceased Marcelo Ledesma and involves properties presumably situated in the Province of Occidental Negros. The petitioner Estrella appears to be one of the heirs of the deceased Marcelo Ledesma. She is now residing in the City of Manila but it is not known when she first took up such residence in the city. In February, 1948, Jose Cosgayon y Ledesma, another heir, filed in said case No. 1362 a petition alleging that the administratrix Estrella is a permanent resident of Manila; that the properties included in the testate estate are abandoned; that the produce, rentals, and income of the estate are in the hands of the tenants and the supposed lessees of the properties; that unless a co- administrator is appointed, the estate and all its assets including its income are liable to be lost to the detriment of the heirs and other interested parties, and asking that he be appointed co-administrator to protect his rights and those of the other heirs, specially his brothers and sisters; and that an order be issued requiring petitioner Estrella to render an accounting of her administration.
Acting upon this petition Judge Francisco Arellano, presiding over the first branch of the Court of First Instance of Negros Occidental, issued an order dated February 16, 1948, denying the petition for appointment of a co-administrator on the ground that as long as the administration of the properties of a deceased person is in the hands of an administrator duly qualified and acting as such, it is improper to appoint another administrator. The order however, states that since it is alleged that the administratrix Estrella Ledesma had not filed any inventory or annual report of her administration since she was appointed 25 years ago, and since she resides permanently in Manila and that all these were prejudicial to the heirs, he cited Estrella Ledesma to appear before the court on March 6, 1948, at 8:30 a.m., and show cause, if any, why she should not be punished for contempt of court in view of the alleged abandonment of her administration and in not having made the corresponding inventory of the properties under her administration, including her annual reports.
On March 4, 1948, Estrella sent the following telegram from Manila to the Court of Negros Occidental:jgc:chanrobles.com.ph
"RE ORDER NO. 1362 ORDER JUST RECEIVED PLEASE POSTPONE HEARING FOR 30 DAYS INDISPOSED WILL FILE WRITTEN REPLY."cralaw virtua1aw library
On the basis of this telegram Judge Francisco Arellano of said court granted the same and he set the hearing of the incident (la vista de este incidente) for April 3, 1948, at 8:30 a.m., warning the administratrix that she must appear personally on that date. On April 1, 1948, Estrella again sent the following telegram to the same court:jgc:chanrobles.com.ph
"PLEASE GIVE ANOTHER EXTENSION STILL INDISPOSED AND FINANCIALLY DISABLED."cralaw virtua1aw library
Acting upon this telegram, Judge Eduardo D. Enriquez, the respondent herein, presiding over the third branch of said court, issued an order dated April 3, 1948 which reads as follows:jgc:chanrobles.com.ph
"No encontrando justificada la peticion de la administradora formulada mediante telegrama de fecha 1.
This case No. 1362 aforementioned refers to the testate estate of the deceased Marcelo Ledesma and involves properties presumably situated in the Province of Occidental Negros. The petitioner Estrella appears to be one of the heirs of the deceased Marcelo Ledesma. She is now residing in the City of Manila but it is not known when she first took up such residence in the city. In February, 1948, Jose Cosgayon y Ledesma, another heir, filed in said case No. 1362 a petition alleging that the administratrix Estrella is a permanent resident of Manila; that the properties included in the testate estate are abandoned; that the produce, rentals, and income of the estate are in the hands of the tenants and the supposed lessees of the properties; that unless a co- administrator is appointed, the estate and all its assets including its income are liable to be lost to the detriment of the heirs and other interested parties, and asking that he be appointed co-administrator to protect his rights and those of the other heirs, specially his brothers and sisters; and that an order be issued requiring petitioner Estrella to render an accounting of her administration.
Acting upon this petition Judge Francisco Arellano, presiding over the first branch of the Court of First Instance of Negros Occidental, issued an order dated February 16, 1948, denying the petition for appointment of a co-administrator on the ground that as long as the administration of the properties of a deceased person is in the hands of an administrator duly qualified and acting as such, it is improper to appoint another administrator. The order however, states that since it is alleged that the administratrix Estrella Ledesma had not filed any inventory or annual report of her administration since she was appointed 25 years ago, and since she resides permanently in Manila and that all these were prejudicial to the heirs, he cited Estrella Ledesma to appear before the court on March 6, 1948, at 8:30 a.m., and show cause, if any, why she should not be punished for contempt of court in view of the alleged abandonment of her administration and in not having made the corresponding inventory of the properties under her administration, including her annual reports.
On March 4, 1948, Estrella sent the following telegram from Manila to the Court of Negros Occidental:jgc:chanrobles.com.ph
"RE ORDER NO. 1362 ORDER JUST RECEIVED PLEASE POSTPONE HEARING FOR 30 DAYS INDISPOSED WILL FILE WRITTEN REPLY."cralaw virtua1aw library
On the basis of this telegram Judge Francisco Arellano of said court granted the same and he set the hearing of the incident (la vista de este incidente) for April 3, 1948, at 8:30 a.m., warning the administratrix that she must appear personally on that date. On April 1, 1948, Estrella again sent the following telegram to the same court:jgc:chanrobles.com.ph
"PLEASE GIVE ANOTHER EXTENSION STILL INDISPOSED AND FINANCIALLY DISABLED."cralaw virtua1aw library
Acting upon this telegram, Judge Eduardo D. Enriquez, the respondent herein, presiding over the third branch of said court, issued an order dated April 3, 1948 which reads as follows:jgc:chanrobles.com.ph
"No encontrando justificada la peticion de la administradora formulada mediante telegrama de fecha 1.
