MANAQUIL v.

VILLEGAS (1990)
FACTS:
- This is actually a disbarment case against VILLEGAS.
- It turns out that VILLEGAS was counsel of record of one Felix LEONG, the
administrator for the testate estate of one Felomina Zerna
- In !"#$, LEONG, as administrator of Zerna%s estate, entered into a lease contract
with the &artnershi& of 'I(OS )E VILLEGAS o*er se*eral lots included in Zerna%s
estate
- +he said lease contract was renewed se*eral times henceforth
- It is im&ortant to note at this &oint that VILLEGAS was both counsel of LEONG
and a &artner in the &artnershi& of 'I(OS )E VILLEGAS
- ,hen LEONG died, this dis-arment suit was .led -/ 0ANAN12IL, the a&&ointed
administrator for LEONG%s estate 0ANAN12IL alle3ed that the lease contracts
were made under ini4uitous terms and conditions Also, 0ANAN12IL alle3ed that
VILLEGAS should ha*e .rst noti.ed and secured the a&&ro*al of the &ro-ate
court in Zerna%s estate -efore the contracts were renewed, VILLEGAS -ein3
counsel of that estate%s administrator
ISSUES:
! ,hether VILLEGAS should ha*e .rst secured the &ro-ate court%s a&&ro*al
re3ardin3 the lease
5 ,hether VILLEGAS should -e dis-arred
RULING:
! NO 6ursuant to Section $ of 7ule 89 of the 7e*ised 7ules of :ourt, a ;udicial
executor or administrator has the ri3ht to the &ossession and mana3ement of the
real as well as the &ersonal estate of the deceased so lon3 as it is necessar/ for the
&a/ment of the de-ts and the ex&enses of administration 'e ma/, therefore,
exercise acts of administration without s&ecial authorit/ from the court ha*in3
;urisdiction of the estate For instance, it has lon3 -een settled that an administrator
has the &ower to enter into lease contracts in*ol*in3 the &ro&erties of the estate
e*en without &rior ;udicial authorit/ and a&&ro*al
+hus, considerin3 that administrator LEONG was not re4uired under the law and
&re*ailin3 ;uris&rudence to see< &rior authorit/ from the &ro-ate court in order to
*alidl/ lease real &ro&erties of the estate, VILLEGAS, as counsel of LEONG, cannot
-e ta<en to tas< for failin3 to notif/ the &ro-ate court of the *arious lease contracts
in*ol*ed herein and to secure its ;udicial a&&ro*al thereto
5 NO +here is no e*idence to warrant dis-arment, althou3h VILLEGAS should -e
sus&ended from &ractice of law -ecause he &artici&ated in the renewals of the lease
contracts in*ol*in3 &ro&erties of Zerna%s estate in fa*or of the &artnershi& of 'I(OS
)E VILLEGAS 2nder Art !#9# of the :i*il :ode, =law/ers, with res&ect to the
&ro&ert/ and ri3hts which ma/ -e the o-;ect of an/ liti3ation in which the/ ma/ ta<e
&art -/ *irtue of their &rofession> are &rohi-ited fro leasin3, either in &erson or
throu3h the mediation of another, the &ro&erties or thin3s mentioned Such act
constituted 3ross misconduct, hence, sus&ension for four months