G.R. No. 44750 , December 3, 1935
SERAFIN GAMBOA, petitioner, vs. JOSE LOPEZ VITO, Judge of First Instance of Occidental Negros, and DEMETRIO GAMBOA, as guardian of Eulalio Lopez, respondents.

FACTS

Petitioner Serafin Gamboa entered into a contract of lease with respondent Demetrio Gamboa, the court-appointed guardian of a minor, over the Hacienda Macamig. This contract was executed without prior court approval, though the guardian had general authority to lease subject to such approval. The petitioner took possession of portions of the hacienda. The court, considering lease offers from the petitioner and others, approved a different lessee’s offer. The court then issued an order directing the petitioner to return possession of the hacienda to the guardian and to desist from taking further possession, warning of imprisonment under the Code of Civil Procedure for non-compliance. The petitioner filed a motion for reconsideration, which was denied.

ISSUE

Whether the respondent judge acted without or in excess of jurisdiction in issuing the order, thereby warranting the issuance of a writ of certiorari and preliminary injunction.

RULING

No. The petition is dismissed. The court held that the respondent judge had jurisdiction over the guardianship proceedings, including the authority to approve or disapprove leases of the ward’s property, as the guardian’s acts of administration are subject to the court’s supervision. The order in question, which finally determined the petitioner’s claimed right to possession under the lease, was appealable. Since the order was appealable and the judge acted within jurisdiction, the extraordinary writs of certiorari and injunction were not available. The warning of imprisonment in the order did not change its appealable nature, as any enforcement would await the finality of the order on appeal.

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