G.R. No. 45174 ; September 5, 1936
MAURICIO CRUZ & CO., INC., petitioner, vs. MARCELINO R. MONTEMAYOR, Judge of First Instance of Manila, RICARDO NEPOMUCENO and JOSE G. MACATAÑGAY, respondents.

FACTS

The Court of First Instance of Manila rendered a judgment in Civil Case No. 45969 ordering Mauricio Cruz & Co., Inc. to pay the judicial administrator of the intestate estate of Antero Soriano a sum of money. The probate court later authorized the administrator to sell at public auction the estate’s interest in the judgment, which was two-thirds of the principal amount. Arturo A. Soriano purchased this interest and later sold it to Mauricio Cruz. After the probate court ordered the record of the intestate proceeding filed as terminated, the former judicial administrator filed a motion in the civil case for an alias execution to collect the remaining one-third of the judgment, which represented attorney’s fees and an unpaid balance. The court granted the motion. Mauricio Cruz & Co., Inc. filed this petition for certiorari, arguing the judgment had been fully satisfied by the purchase and that the administrator lacked personality to act after the estate proceeding was terminated.

ISSUE

1. Whether the court acted without jurisdiction in granting the motion for alias execution filed by the judicial administrator after the intestate proceeding was terminated and its record ordered filed.
2. Whether the purchase by Mauricio Cruz from Arturo A. Soriano constituted full satisfaction of the entire judgment.

RULING

1. Yes. The court acted without jurisdiction. Once the probate court ordered the record of the intestate proceeding filed as terminated, it should be assumed the administrator had been discharged and the estate’s obligations settled. The judicial administrator therefore lost his legal capacity to act for the estate. The motion for alias execution filed by him was filed by one without personality, rendering the court’s order granting it void for lack of jurisdiction over the person of the plaintiff.
2. No. The purchase did not constitute full satisfaction. The probate court only authorized the sale of the estate’s interest in the judgment, which was specifically two-thirds of the principal amount. Mauricio Cruz & Co., Inc. only acquired that portion. The remaining one-third, representing attorney’s fees and a balance, remained unpaid and collectible. The right to collect this unpaid portion is reserved for the attorneys as assignees, who may exercise it in due form. The petition for certiorari is granted, and the challenged order for alias execution is set aside.

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