FRANCISCO C. HERNANDEZ, AS HEIR AND IN HIS CAPACITY AS JUDICIAL ADMINISTRATOR OF THE ESTATE OF THE LATE MAXIMO C. HERNANDEZ, SR., PETITIONER, VS. THE HON. COURT OF APPEALS, ANDR…

These two cases, consolidated by resolution of this Court dated January 31, 1977, involve two separate petitions for review of the decision
dated February 16, 1976 of
the Court of Appeals in CA-G.R. No. SP-04403 dismissing petitioners’ petition
for certiorari and mandamus with writ of preliminary injunction
for lack of merit, as well as, of the resolution dated May 11, 1976 of the same court denying the two
separate motions for reconsideration of the said decision.  (See pp. 180-189 and pp. 206-208, rollo of L-43813)

The petition in L-43813 dated June 24, 1976 was filed by petitioner
Francisco C. Hernandez, as heir and in his capacity as judicial administrator
of the estate of the late Maximo C. Hernandez Sr.,
through counsel, Atty. Manuel T. De Guia, while the
petition in L-43952 dated June 15, 1976 was filed by Celestino
C. Hernandez, Ruben C. Hernandez, Maximo C. Hernandez
Jr., Porfiria H. Valencia and Laura H. Cornejo, heirs of the late Maximo
C. Hernandez Sr., through counsel, Atty. Antonio R. Atienza.

The main thrust of these petitions is to seek a review of the
April 24, 1967 order of the Court of First Instance of Rizal,
Branch II, in Special Proceeding No. 5309 admitting to probate the last will
and testament of the late Maximo C. Hernandez Sr.,
and of the August 10, 1968 order of the same court in the same special
proceeding ordering the executrix and/or the estate of the testator to pay
Atty. Rosendo J. Tansinsin
the sum of Two Hundred Fifty Thousand (P250,000.00) Pesos as attorney’s fees
with legal interests from August 23, 1967.

On July 19, 1976 and during the pendency
of these cases, the petitioner in L-43813, Francisco C. Hernandez died, and by
resolution dated August 25, 1976 this Court allowed the substitution of the
deceased, as petitioner in this case, by his heirs, namely:  Zenaida Gabriel Leuterio, wife, and children:  Georgina, Geraldine, Wilhelmina, Francisco
Jr., Alven, Marian Zenaida
and Glenn Maximo, all surnamed Hernandez, enumerated
in the notice of death and motion for substitution filed by petitioner’s
counsel.  (p. 450,
ibid.)

By motion dated February 10, 1977, Atty. Ernesto O. Rodas manifested to this Court that he was appointed the
new administrator of the estate of the late Maximo C.
Hernandez Sr. by order of the Court of First Instance of Rizal,
Branch II, dated January 11, 1977 issued in Special Proceeding No. 5309 without
objection from any of the heirs of the late Maximo C.
Hernandez Sr. and, likewise, without objection on the part of Zenaida Leuterio Vda. de Hernandez who had been appointed in Special
Proceeding No. 8324 of the Court of First Instance of Rizal,
Branch I, as administratrix of the estate of the late
Francisco C. Hernandez, her deceased husband and the original petitioner in
L-43813, and prayed, among other things, for his substitution as petitioner in
L-43813 in lieu of the heirs of the late Francisco C. Hernandez.  (pp. 614-618, ibid.)

On March 15, 1977
a Motion to Dismiss the petitions dated March 7, 1977 was filed jointly, by
Ernesto O. Rodas, present administrator of the estate
of the late Maximo C. Hernandez Sr., Zenaida Leuterio Vda. de Hernandez, administratrix
of the intestate estate of the late heir and former administrator Francisco C.
Hernandez, all the petitioners in L-43952, namely:  Celestino C.
Hernandez, Ruben C. Hernandez, Maximo C. Hernandez,
Jr., Porfiria H. Valencia and Laura H. Cornejo, as well as, all the other heirs of the late Maximo C. Hernandez Sr., namely:  Lolita Mojica
Hernandez, Eleanor M. Hernandez, Elenita M.
Hernandez, Max Mojica Hernandez, Lourdes D.
Hernandez, Jacinto D. Hernandez, Priscilla D. Hernandez and Enriqueta
Bautista, with the assistance of their respective counsel, on the ground that
all the parties having interests in the estate of the late Maximo
C. Hernandez Sr. have amicably settled their differences and have agreed on a
“Partial Project of Partition and Settlement of Claims” dated March
1, 1977 and approved by Order dated March 3, 1977 of the Court of First
Instance of Rizal, Branch II; with attached xerox copy of the original order of approval.  (pp. 705-724, ibid.)

Only counsel Manuel T. de Guia filed
comment dated March 22, 1977 on the said motion to dismiss stating that the
record shows that he is the lawyer who had actively and personally handled the
case for the administrator Francisco C. Hernandez (now deceased) but he had not
been honored with a simple notice of termination of his services; that he came
to know of the Partial Project of Partition and Settlement of Claims dated
March 1, 1977 only on March 18, 1977; and that the filing of the present motion
to dismiss was attended by a flagrant violation of the principles of
professional ethics.  (p.
726, ibid.) This comment states, however, no particular objection or
opposition to the Motion to Dismiss.

WHEREFORE, there being no objection to the Motion to
Dismiss dated March 7, 1977,
the Court resolves to grant the same and the petitions in L-43813 and L-43952
are accordingly DISMISSED.  All incidents
involved and pending in these two cases are rendered moot and academic
requiring no further action from this Court. 
Any claim for attorney’s fees of Atty. Manuel T. de Guia
is reserved in his favor for action in the court below.

Let copies hereof be furnished all parties concerned including
individually the children of deceased Francisco C. Hernandez who are enumerated
in page 2 of this Resolution as having substituted the original petitioner as
heir of Maximo C. Hernandez, Sr.

So Ordered.

Teehankee, (Chairman), Makasiar, Antonio, and
Martin, JJ., concur.