AUTHORITY TO CONVEY AND TRANSFER ESTATE OWNERSHIP RIGHTS VESTED BY THE INTESTATE COURT TO THE JUDICIAL ADMINISTRATOR ALONE

      The intestate estate proceedings of the brothers the late Don Hermogenes Rodriguez y Reyes, Don Antonio Rodriguez y Reyes, et al in Special Proceedings No. IR-1110: For Heirship, Administratorship and Settlement of the Estates of the said decedents which was filed by Mr. Henry F. Rodriguez and his co-heirs with the Regional Trial Court of Iriga City, Camarines Sur, Branch 34, was issued AMENDED DECISION dated August 13, 1999, and was issued a Certificate of Finality dated January 17, 2000 by the same RTC Branch 34.

      The said intestate Court vested the authority to sign, convey and transfer the estate properties, SOLELY with the Judicial Administrator HENRY F. RODRIGUEZ, and this was clearly pronounced in the Court Order dated September 8, 2000 of the said Court.  It clearly vests, cites and declares in the Order that:

      "Premises considered, and in the interest of justice and equity, the motion of counsel is GRANTED.  Accordingly, HENRY F. RODRIGUEZ, the Court-Appointed Administrator in this case IS GIVEN SPECIAL AUTHORITY ALONE, TO DISPOSE OF THE REAL PROPERTIES OF THE RODRIGUEZ ESTATE, as is necessary for the benefit of the estate.  Mr. Rodriguez is however directed to seek the approval of every disposition of a particular property or properties, for the Court to determine whether or not it will redound to the advantage of the estate.  Otherwise, the Court will revoke the disposition of the properties made.

      "Mr. Rodriguez is directed to strictly comply with this order and the amended decision rendered by this Court.

      SO ORDERED."

      Any sale, assignment or conveyance to any assignee executed by the Court Appointed Administrator has been clearly defined that it is executed to REDOUND mainly the estate, its heirs and their representatives, and they are required by the Court to strictly follow the ORDERS and AMENDED DECISION of the same intestate Court.  The ownership rights derived from the estate of the decendents Hermogenes and Antonio Rodriguez y Reyes were clearly recognized by the Courts and given only to its lawfully declared heirs.  On the other hand, assignees are STRICTLY REQUIRED by the Court to follow its Order to the letter. If they have NOT YET PERFECTED the documents and payment of taxes required, the conveyed rights to them shall strictly be CONDITIONAL and PROVISIONAL, and once they are found to have violated the Orders and put the estate at a disadvantage, or gave no consideration at all, this will REDOUND to a clear REVOCATION of the assignees' conveyed rights as specifically declared and ordered by the Honorable intestate Court.

       The Supreme Court Third Division, in the June 22, 2011 Decision of SC-G.R. No. 182645 (and which became final last September 12, 2011), noted that on November 10, 2005, the adverse Court of Appeals April 16, 2002 Decision in CA-G.R. SP No.57417, though erroneous, had lapsed into finality by way of the Supreme Court Resolution in G.R. No.168648 dated August 1, 2005.  The effectivity of the finality of the Amended Decision was affected and was deemed of no force and effect until the Supreme Court Third Division pronounced in the December 4, 2009 Decision that the Court of Appeals HAD NO JURISDICTION over the RTC AMENDED DECISION and the instant case, and CA ruling was NULLIFIED together with the RTC Order dated February 21, 2007 that implemented the said void CA decision.  In the same Supreme Court ruling, the AMENDED DECISION was afterwards declared REINSTATED. But it was not until after the June 22, 2011 issued two dispositive pronouncements that the AMENDED DECISION had actually been REINSTATED when this instant case was compared to the void Court of Appeals Decision and categorized as an IMMUTABLE FINAL JUDGMENT.  The RTC Amended Decision had NO FORCE AND EFFECT from November 10, 2005 up to September 12, 2011 until after the Supreme Court issued an Entry of Judgment for the June 22, 2011 Decision. This means that the Heirship and Sole Authority to sign, convey and special power of attorney/authority issued by the Judicial Administrator in between that time (2005 up to 2011 September) clearly had no force and effect when his authority was suspended due to the effects of the CA Decision over the RTC Amended Decision.  Now that the heirship rights and authority to convey and sign of the above Court Order has been fully REINSTATED and declared IMMUTABLE, all conveyances, assignments and authority need to be RENEWED and/or RECONFIRMED.

      The Judicial Administrator Henry F. Rodriguez does not close the doors to those who have been faithful, did not violate the Amended Decision, Orders and agreements with the estate, and who wish to continue with their projects of recovery for the estate.  All they need and are required to do is to write a formal letter the Administrator (via registered mail or via email) if they want to have their projects RENEWED and/or RECONFIRMED together with their MEMORANDUM OF AGREEMENTS with the estate to comply with the Order of the Court to BENEFIT and REDOUND the estate.  They will also be strictly required to submit reports concerning the progress of their projects and at what stage of the Court Orders were they able to accomplish to justify the continuity of such.