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 TRANSACTIONS AND TO 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
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3 comments:
In re to:
EN BANC
[ A.C. No. 11385. March 14, 2017 ]
ORTIGAS PLAZA DEVELOPMENT CORPORATION, REPRESENTED BY JANICE MONTERO, COMPLAINANT, VS. ATTY. EUGENIO S. TUMULAK, RESPONDENT
Why did the court find Tumulak guilty? Tumulak was working for Henry F. Rodriguez who is the Judicial Administrator of the Estate. Or is it because Ortigas Plaza Development Corp wasn't part of Henry's estate and they had no right to take ownership?
Atty tumulak acted on his own without any coordination or cooperation from Mr. Henry F. Rodriguez. The sheriff of RTC-OCC Manila were there only to give due notice of judgment to the properties to be recovered, and has to pass thru judicious process.
Atty Tumulak is a lawyer, and by that, he should know that the procedures in the recovery of properties, especially occupied ones, should pass through a series of legal procedures that he as a lawyer should have apparently done, but did not act to legally proceed.
Miss Beth: the Supreme Court may have confirmed the ownership rights of the estate heirs, but as a lawyer who did not possess any SPA but ony a deed of assignment to work in the perfection of the property, the right procedure was to have any title cancelled first and reconveyed. Once the adverse title has been cancelled and reconveyed in accordance with Frias vs. Esquivel, then the next step is to file the recovery of possession (accion publiciana). If the property has been possessed by the estate assignee, then reconveyance of title does not prescribe and can be done with the LRA/RD by enforcing the order of the RTC as confirmed by the Supreme Court. Atty. Tumulak, being a lawyer, failed in this regard. Having no Special Power of Attorney from Mr. Rodriguez, his uncoordinated actions with the estate administrator bore on him alone, he being more knowledgeable of the law. In fact, Mr. Rodriguez had reminded him several times about any hasty executions not contained in the Writ, he should have sought first the advice of the administrator in this regard.
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