G.R. No. 46021; June 27, 1938
MAMERTO FERRARIS, petitioner, vs. SOTERO RODAS, Judge of First Instance of Occidental Negros, and VICENTE FERRARIS, respondents.
FACTS
In the testamentary proceedings of the deceased Victorio Ferraris, the administratrix validly leased the estate’s participation in Hacienda Talab-an to Mamerto Ferraris for three years, and the contract was registered. Later, Vicente Ferraris applied to lease the same property. The administratrix opposed, citing the existing lease. Without allowing the opposition to present evidence, the court issued an order leasing one-half of the hacienda to Vicente Ferraris.
ISSUE
Whether the court’s order leasing the property to Vicente Ferraris is valid.
RULING
No. The court’s order is void. The administratrix had the legal authority to execute the lease to Mamerto Ferraris as an act of administration. That lease was valid and binding. Regardless of the court’s jurisdiction, it committed a grave abuse of discretion by issuing an order that disregarded the legal effects of a valid existing lease without that lease first being declared void in proper proceedings. The order is annulled.
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