ArticuLaw Primo

G.R. No. L-11739, August 25, 1916

CESAR MERCADER (petitioner) vs ADOLPH WISLIZENUS (respondent)

 

 

Facts:

 

    This is a special proceeding to obtain a writ of certiorari requiring respondent RTC judge to send up the records of proceedings regarding the petition to declare a certain Vicenta Escio as incompetent and to manage her affairs by reason that said declaration of incompetence is outside the jurisdiction of said respondent court.

 

    Earlier, said RTC declared Escio as a lunatic and incompetent and appointed Pantaleon E. del Rosario the guardian of her property. An appeal regarding this decision was duly taken by those opposing the proceedings. Pending the decision of the appeal, del Rosario alleged that a certain Cesar Mercader had taken possession of some of Escio’s properties. Del Rosario claimed that he called upon Mercader to deliver those properties but Mercader refused to do so. Respondent RTC judge issued a show cause order as to why Mercader refused to deliver Escio’s properties to del Rosario.

 

 

Issue:

 

Whether or not the show cause order issued by the respondent judge was in excess of his jurisdiction

 

 

Ruling:

 

    No, proceedings to declare persons incompetent to manage their affairs are within the jurisdiction of the RTC by express provision of the law. As such, it had authority to decide any question connected with it. So far as jurisdiction is concerned, it does not matter whatever the decision of the CA would have been.

 

     The complaint was dismissed on the merits, with costs.