(Sgd.) POTENCIANO PECSON
"Judge"
The guardian appealed from the above order.
On July 23, 1948, the guardian filed in the guardianship proceedings a petition praying the court to punish for contempt German Crisostomo (one of the administrators of the estate of the deceased spouses appointed in the intestate proceedings above mentioned) and one Victor Dimagiba, alleging that they had illegally taken possession of certain properties belonging to the minor wards, inherited by them from their parents. The Court denied the petition on the ground that German Crisostomo had the right to possess those properties in his capacity as co-administrator of the estate of the deceased spouses and that Victor Dimagiba was only his overseer. The guardian filed a motion for reconsideration which the court denied on September 16, 1948. He appealed from said order.
In case G.R. No. L-2694, entitled "Intestate Estate of the Spouses Rufino Crisostomo and Petra Fernando," German Crisostomo filed a petition, as next of kin, for the opening of the intestate proceedings of the estate of the above spouses and the appointment of himself and Pacita Fernando, another next of kin, as co-administrators of said estate. The guardian in case G. R. No. L-2693 filed on February 28, 1948, an opposition to the appointment of the administrators and moved for the dismissal of the intestate proceedings on the ground that the properties left by said spouses were already in his possession as such guardian. On April 1, 1948, the court issued an order denying the motion to dismiss the intestate proceedings. On April 2, 1948, the guardian filed another petition reiterating the motion of dismissal. On April 7, 1948, the court appointed German Crisostomo and Pacita Fernando co-administrators of the estate of the above-mentioned spouses with the appropriate bonds, impliedly denying the reiteration of the motion for dismissal.
On June 21, 1948, the guardian filed a motion for the closing, termination, and filing in the archives of the record of the intestate proceedings on the ground that the properties involved therein had already been extrajudicially partitioned. On July 19, 1948, the court issued an order declaring null and void the extrajudicial partition made by the guardian and denying said motion for closing the intestate proceedings.
The guardian appealed from the above order as well as from the one dismissing the petition for contempt.
It may be gathered from the statement of the pleadings, motions, petitions, and orders of the court below that the principal issue in this case is whether the court should have denied the petition for the opening of intestate proceedings, or should have dismissed it, upon motion of the appellant, after they had commenced, and whether the project of partition submitted by the guardian in the guardianship proceedings should have been approved. The other question as to the contempt of court allegedly committed by the co-administrator German Crisostomo together with his overseer Victor Dimagiba, may be disposed of as a mere corollary of the principal issue as to the dismissal of the intestate proceedings.
On April 27, 1948, the guardian filed with this Court a petition entitled "Solicitud de Avocación con Petición de Interdicto Prohibitorio Preliminar," G. R. No. L-2172, in which he prayed for a preliminary injunction to prohibit the Court of First Instance of Bulacan from proceeding with the intestate case and that this court "dicte sentencia en este recurso declarando nulas, sin ning