Hermogenes Reyes Rodriguez Estate Issues and Facts
A Legal Brief of the Hermogenes Reyes Rodriguez Estate SPECIAL PROCEEDINGS No. IR-1110: DETERMINATION OF THE TRUE LEGAL HEIRS, APPOINTMENT OF THE JUDICIAL ADMINISTRATOR and SETTLEMENT OF THE INTESTATE ESTATE OF THE DECEASED (This is the Official Blogsite of Judicial Administrator Henry F. Rodriguez)
Friday, January 31, 2025
Wednesday, May 22, 2024
GENERAL MEMORANDUM FROM THE OFFICE OF THE REGULAR JUDICIAL ADMINISTRATOR, HERMOGENES RODRIGUEZ ESTATE
SUBJECT: AFFIDAVIT OF DISCLAIMER OF THE HEIR AND REGULAR ADMINISTRATOR, HERMOGENES RODRIGUEZ ESTATE
DATE: MAY 22, 2024
AS A REQUIREMENT OF THE LAW, WE HAVE POSTED THIS AFFIDAVIT OF DISCLAIMER AGAINST THE FOLLOWING PERSONS WHO WERE NEVER AUTHORIZED TO USE THE DECISIONS AND COURT ORDERS OF THE INTESTATE COURT TO THE DETRIMENT OF THE ESTATE AND IN VIOLATION OF THE RTC ORDER DATED SEPTEMBER 8, 2000, WHICH GIVES SOLE AUTHORITY TO THE COURT APPOINTED ADMINISTRATOR TO TRANSFER, CONVEY AND ASSIGN PROPERTIES THAT WERE FOUND BY THE INTESTATE COURT TO BE PART OF THE INVENTORY OF PROPERTIES OWNED BY THE ESTATE. HERE IS THE AFFIDAVIT OF DISCLAIMER AGAINST WALTER JIMENEZ AND HIS ASSOCIATES DANILO PABLO AND AURORA SAMSON AND ANY OF THEIR AGENTS FOR THE INFORMATION OF THE PUBLIC:
FOR THE INFORMATION AND GUIDANCE OF ALL CONCERNED WHO MAY HAVE COME INTO CONTACT AND ARE TRANSACTING WITH THE ABOVE NAMED PERSONS.
OFFICE OF THE COURT APPOINTED ADMINISTRATOR:
MOBILE NO. +63-9172402893
Friday, December 29, 2023
EXCERPTS FROM A CITATION OF AN ADMINISTRATIVE CASE AGAINST A JUDGE WHO TRIED TO MODIFY A LONG FINAL JUDGMENT
- to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business
- to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist
- to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of judicial business
- to put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist.
Wednesday, November 1, 2023
GENERAL MEMORANDUM FROM THE OFFICE OF THE ESTATE ADMINISTRATOR
DATE: OCTOBER 23, 2023
RE: INDEFINITE SUSPENSION OF THE SPECIAL POWER OF ATTORNEY ISSUED TO MESSRS. JOANNA MARIE SALTORRE AND FLORGE A. RALLOS
SEVERAL PERSONS WROTE LETTERS TO THE OFFICE OF THE COURT-APPOINTED ESTATE ADMINISTRATOR HENRY F. RODRIGUEZ THRU THE UNDERSIGNED, SEEKING CLARIFICATION IF THE ABOVE NAMED PERSONS WERE GIVEN AUTHORITY TO TRANSACT, NEGOTIATE AND RECEIVE MONEYS REGARDING PROPERTIES INCLUDED IN THE INVENTORY OF THE ESTATE OF THE LATE HERMOGENES RODRIGUEZ
WE HAVE CALLED THE ATTENTION THRU TEXT AND CHAT SEVERAL TIMES MR. FLORGE A. RALLOS AND HER PARTNER JOANNA MARIE SALTORRE BY ASKING THEM TO MEET UP WITH US TOGETHER WITH THE CONCERNED PERSONS TO CLARIFY THIS, BUT THEY HAVE CONTINUALLY DEFERRED MEETING US TOGETHER WITH THE PERSONS CONCERNED. IT IS IMPERATIVE THAT TO PREVENT ANY FURTHER TRANSACTIONS INVOLVING THE TWO, WE ARE CONSTRAINED TO ACT IN THIS REGARD AS AFORESAID SPECIAL POWER OF ATTORNEY WAS ONLY MEANT TO BE USED TO SECURE CERTIFIED COPIES AND NOTHING MORE. ANY ACTIONS MADE BY THE ABOVE NAMED PERSONS WITH ANY THIRD PARTIES ARE NOT SANCTIONED OR ACKNOWLEDGED BY THE ESTATE, AND THEREFORE ANY TRANSACTIONS MADE BY THESE TWO PERSONS ARE NOT AUTHORIZED BY THE ESTATE IN LIGHT OF THESE EVENTS.
IT IS ALSO IMPORTANT TO NOTE THAT IN THE RTC ORDER DATED SEPTEMBER 8, 2000, THE HON. JUDGE BAGALACSA DECLARED THAT ANY CONVEYANCES AND AUTHORITY GIVEN TO ANYONE SHOULD BE DULY NOTED BY THE HONORABLE COURTS REGARDING THE INTESTATE PROCEEDINGS. ANY TRANSACTION OR AUTHORITY NOT NOTED ARE UNAUTHORIZED AND CANNOT BE GIVEN DUE COURSE, SUCH AS THE LIMITED AUTHORITY GIVEN TO THE ABOVE NAMED PERSONS.
IN ORDER TO PROTECT AND INSULATE THE ESTATE ADMINISTRATOR AND THE ESTATE FROM FURTHER ANY ACTS UNSANCTIONED ANY UNKNOWN TO THE ESTATE AND NOT DULY NOTED AND APPROVED BY THE COURTS BY THESE ABOVE NAMED PERSONS, WE ARE THEREFORE PUBLISHING THIS MEMORANDUM SUSPENDING THEIR SPECIAL POWER OF ATTORNEY. IF THEY WILL TRANSACT WITH ANYONE CONCERNED, WE HEREBY ADVISE ALL CONCERNED TO STOP ANYH TRANSACTION AND SEEK CLEARANCE FIRST WITH US BY POSTING COMMENTS IN THIS MEMORANDUM, TEXT AND/OR CALL THE UNDERSIGNED AT MOBILE NUMBER 09172402893 SO WE CAN RESPOND IMMEDIATELY.
FROM THE OFFICE OF THE COURT-APPOINTED ADMINISTRATOR
FOR HENRY F. RODRIGUEZ:
RENATO B. GOMEZ, DULY SUPREME COURT NOTED ATTY-IN-FACT OF THE ESTATE /MOBILE NO. 0917-2402893
Monday, November 14, 2022
A RENEWED LIFE INJECTED TO THE RODRIGUEZ ESTATE AFTER
ALMOST TWO YEARS OF COVID RESTRICTIONS
On December 4, 2018, I wrote a letter-memorandum to the Supreme Court First Division as duly authorized Attorney-in-fact of the Court-appointed administrator HENRY F. RODRIGUEZ, complaining about the certifications being made by the present Clerk of Court of origin, declaring the entire records of Spec. Proc. No. IR-1110 expunged by virtue of the RTC Order dated February 21, 2007 in compliance to the April 16, 2002 CA Resolution that declared the proceedings a nullity in its entirety, the present judge and branch clerk utterly disregarding the fact that the SUPREME COURT had already issued two SUPREME COURT DECISIONS - 607 SCRA 770-777, December 4, 2009 and 652 SCRA 573-584, June 22, 2011 that deemed the August 13, 1999 AMENDED DECISION, long final and committed no errors, was ordered REINSTATED; and, thereafter, on June 22, 2011, after having declared the April 16, 2002 CA decision NULLIFIED on December 4, 2009 and cited on August 18, 2010, categorically deemed the same CA decision a VOID JUDGMENT, unlike the August 13, 1999 RTC Amended Decision of Spec. Proc. No. IR-1110, the instant case not showing it falls under any of the cited exceptions to the RULE ON IMMUTABILITY OF FINAL JUDGMENTS, such as (a) correction of clerical error, (b) use of nunc pro tunc entries which cause no prejudice to any party, and (c) void judgments - to which the CA decision, for lack of jurisdiction (Canero vs. UP), categorically fell.
A void judgment is no judgment at all in legal contemplation. In CaƱero v. University of the Philippines, we held that-
x x x A void judgment is not entitled to the respect accorded to a valid judgment, but may be entirely disregarded or declared inoperative by any tribunal in which effect is sought to be given to it. It has no legal or binding effect or efficacy for any purpose or at any place. It cannot affect, impair or create rights. It is not entitled to enforcement and is, ordinarily, no protection to those who seek to enforce. In other words, a void judgment is regarded as a nullity, and the situation is the same as it would be if there was no judgment. x x xA judgment rendered without jurisdiction is a void judgment. This want of jurisdiction may pertain to lack of jurisdiction over the subject matter or over the person of one of the parties.
The Supreme Court First Division, after having required me to file my COMPLIANCE to the June 17, 2019 Supreme Court Resolution which I did on August 13, 2019, GRANTED MY PRAYER, AND NO ONE ELSE'S, directing a Sheriff from RTC-OCC Manila to secure certified copies and to have them served to all concerned government agencies and third parties. The Supreme Court, having deemed my memorandum in behalf of the estate to be meritorious, GRANTED my prayer so that, as party representative and assignee of the Rodriguez estate, we will be able to comply SUPREME COURT CIRCULAR 7-96.
At this point, having duly served copies of all related Supreme Court and Court of Appeals Decisions and Orders to the present presiding judge and Clerk of Court RTC Branch 34, Iriga City last December 2021 , and having exhausted all amicable avenues to avoid an administrative approach that may inevitably put strain over their job, I am constrained now to write the Supreme Court Office of the Court Administrator to comply with SC Circular 5-98 which gives the right to resolve pending motions to the judge who long decided the case; if not complied, there is no other recourse but to hold the present presiding judge and his clerk of court with grave abuse of discretion and gross ignorance of the law.
On March 15, 2022, the Supreme Court has issued a Resolution that GRANTED my request for all records of certified copies from the Judicial Records Office, Supreme Court, and to have them transmitted to the Land Registration Authority and related government agencies for their information, compliance and guidance.
Monday, August 17, 2020
COMPLIANCE TO THE JUNE 17, 2019 SUPREME COURT RESOLUTION
The SUPREME COURT FIRST DIVISION gave the ENTRY OF JUDGMENT last SEPTEMBER 5, 2000 in SC-G.R.No.142477: Florencia Rodriguez vs. Hon. Lore V. Bagalacsa etc. et al, that DENIED the PETITION for CERTIORARI filed by the late FLORENCIA RODRIGUEZ against the HON. LORE V. BAGALACSA, having committed no errors in the issuance of the RTC Amended Decision as found by the Supreme Court. The petition administratively alleged of her abuse of discretion in the issuance of the AUGUST 13, 1999 AMENDED DECISION in RTC Branch 34, Iriga City, that favored HENRY F. RODRIGUEZ, the Court Appointed Administrator of the estates of the late brothers HERMOGENES RODRIGUEZ Y REYES and ANTONIO RODRIGUEZ Y REYES et al. Last JUNE 17, 2019, the SUPREME COURT FIRST DIVISION issued a RESOLUTION which GRANTED the PRAYERS of herein undersigned and duly recognized Attorney-in-fact RENATO B. GOMEZ TO APPOINT MR. MARIO P. VILLANUEVA, SHERIFF IV of RTC-OCC, City of Manila, to SERVE the FINAL and EXECUTORY DECISIONS and RESOLUTIONS of the SUPREME COURT, WITH THE CONDITION that the undersigned Attorney-in-fact submit within 5 working days a VERIFIED CERTIFICATION of the DECEMBER 4, 2018 LETTER-MEMORANDUM which the undersigned attorney-in-fact filed with the SUPREME COURT FIRST DIVISION to seek the help of the Highest Court in the land.
Having complied the submission, the EFFECTIVITY of the JUNE 17, 2019 is now rendered moot. Attached as proof is the JUNE 17, 2019 RESOLUTION as well as a scanned copy of the pleadings entitled COMPLIANCE submitted with the SUPREME COURT.
Thursday, September 5, 2019
GENERAL MEMORANDUM TO ALL LEGITIMATE SPA HOLDERS AND ASSIGNEES OF THE ESTATE
GENERAL MEMORANDUM FROM THE JUDICIALLY APPOINTED ESTATE ADMINISTRATOR, HENRY F. RODRIGUEZ THROUGH COURT NOTED ATTY-IN-FACT, RENATO B. GOMEZ...
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As I have discussed this again and again, there was no such thing as OCT #01-4. What was accepted by the then President Ferdinand E....
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In behalf of Mr. Henry F. Rodriguez, the Supreme Court NOTES the authority given to Mr. Renato B. Gomez as his duly recognized Attorney-in-f...