450 Phil. 623
AUSTRIA-MARTINEZ, J.:
Copies of the order were sent on October 12, 1999 to petitioners via registered mail.[4]
- SUBMITTED FOR RESOLUTION is an omnibus motion filed by the Petitioner-Administratrix, informing among others, the submission of the Inventory of the Estate of the decedent, referred as Motion-Annex ‘A’ thereof. The Inventory shows that the properties left by the deceased consists of Real and Personal Properties, as well as Credits and Collectibles, itemized under letter heading A, B, and C of the Inventory, respectively.
- The Real Properties are occupied by some lessees, namely: Cargo Bridge Philippines Corporation, represented by its President Mr. Bernhard Ashauer, Jr.; Mrs. Lea Amorcillo, Mrs. Milagros Majoremos, Mr. Danilo Aguylo, Mrs. Marjorie Jalalon, Mrs. Jona Sarvida, Mrs. Analyn Malunes, Mrs. Edna Rubi, Mrs. Josephine Saballa, Mr. Benjamin Vergara, Mr. Jerry Peligro, Mrs. Mary Joy Sandi, and Mr. Jaime Cabarse, all inside the Allers’ Property Compound at 8110 Dr. A. Santos Ave., San Dionisio, Parañaque City.
…Let copies of this Order together with the Inventory served to all above-cited.
- It is further shown that all known intervenors, lessees and heirs were served of the motion and notified of the hearing, with no opposition except intervenor Berlito P. Taripe, based on his claim against the estate, which may be treated in due time for claims against the estate. However, the motion under consideration refers to the return to the court of the true Inventory of the Estate of the deceased within three (3) months as directed under Section 1, Rule 83 which sets a specific period of time to submit, otherwise it is violated. The opposition is not tenable.
- Finding the motion meritorious, the same is hereby GRANTED. As prayed for, the Inventory of the Estate attached therewith as Motion-Annex ‘A’ (sic) and considered as a compliance of the required return of the true Inventory of the estate of the decedent.
- Further, the lessees above-cited and listed in the Inventory are directed to pay their respective monthly rental regularly starting the month of August, 1999, including arrears if any, to the duly appointed Special Administratrix Mrs. Eleuteria P. Bolaño, until further notice.
…
SO ORDERED.[3] (Emphasis Ours)
The Motion to Exclude Certain Parcels of Land as part of the Estate of the decedent is also denied for lack of merit. The properties sought to be excluded by intervenor Bertito P. Taripe are titled/registered in the name of the decedent and therefore they should be included in the inventory of the intestate estate of Anselma Allers. If intervenor has claims against the estate, he should file a separate action against the Administratrix in accordance with Rule 87 of the Revised Rules of court. As it is, intervenor cannot claim ownership over properties registered in the name of the decedent by mere motion.Petitioners were furnished copies of the said Order on September 27, 2000 by registered mail.[8]
The Return of the Deputy Sheriff of the Writ of Execution is noted.
Petitioner’s motion to let the lessees explain why they should not be cited for contempt for disobeying the Court’s order is granted. All lessees listed on the Writ of Execution are hereby ordered to explain within twenty (20) days from receipt of this order why they should not be cited for indirect contempt of the Court for disobeying the Court’s Order dated October 5, 1999, and the Writ of Execution dated May 29, 2000.
SO ORDERED. (Emphasis Ours)
WHEREFORE, the instant petition for issuance of a writ of habeas corpus is hereby DENIED for lack of merit. This Court’s resolution ordering the temporary release of the lessees is hereby RECALLED. The lessees are ordered REMANDED to the custody of the Jail Warden of Ormoc City until they have complied with the orders of the probate court.Their motion for reconsideration having been denied, petitioners filed herein petition for review on certiorari under Rule 45 of the Rules of Court, based on the following grounds:
No pronouncement as to costs.
SO ORDERED.[15]
The crux of petitioners’ arguments is that they were not notified of the motion filed by respondent Special Administratrix Bolaño, submitting an inventory of the estate of the late Anselma P. Allers, which includes the property occupied by them. Such being the case, petitioners contend that the order dated October 5, 1999 granting the motion and directing them to pay the rentals to Bolaño is unlawful hence, their refusal to comply with it is not contumacious.[17] They also assail the appointment of respondent Bolaño as Special Administratrix for having been made without the required bond,[18] and that she has no authority to file the motion for indirect contempt, as her powers are limited.[19]
- THE APPELLATE COURT ERRED IN NOT HOLDING THAT THE ORDER DATED OCTOBER 5, 1999 (ANNEX “E”) PARTICULARLY THE PORTION THEREOF WHICH SUMMARILY DIRECTED THE LESSEES TO TURNOVER THEIR MONTHLY RENTALS OF THE APARTMENTS OF BERLITO P. TARIPE TO ELEUTERIA P. BOLAÑO AS SPECIAL ADMINISTRATRIX, IS UNLAWFUL;
- THE APPELLATE COURT ERRED IN NOT HOLDING THAT THE MOTION FOR INDIRECT CONTEMPT OF COURT FILED BY RESPONDENT ELEUTERIA P. BOLAÑO AGAINST THE LESSEES IS NOT THE PROPER REMEDY AND THAT THE ORDER OF THE COURT A QUO GRANTING SAID MOTION AND DECLARING THAT THE LESSEES ARE GUILTY OF INDIRECT CONTEMPT IS A REVERSIBLE ERROR.
- THE APPELLATE COURT ERRED IN NOT HOLDING THAT THE ORDER OF THE COURT A QUO TO ISSUE WARRANT OF ARREST AND THE SAID WARRANT SO ISSUED AS WELL AS THE ACTUAL ARREST OF SAID LESSEES IN COMPLIANCE THEREWITH, ARE UNLAWFUL;
- THE APPELLATE COURT ERRED IN NOT HOLDING THE TEMPORARY RELEASE OF THE LESSEES PERMANENT.[16]
Except where the fundamental power of the court to imprison for contempt has been restricted by statute, and subject to constitutional prohibitions where a contemnor fails or refuses to obey an order of the court for the payment of money he may be imprisoned to compel obedience to such order. [Fla.-Revell v. Dishong, 175 So. 905, 129 Fla. 9; Va. Branch v. Branch, 132 S.E. 303; 144 Va.244]. (17 C.J.S. 287).which we hereby adopt as proper guidelines in the determination of whether the Court of Appeals erred in affirming the order of the trial court finding petitioners guilty of indirect contempt of court and directing their imprisonment for their contumacious refusal to pay the rentals to the administratrix.
. . .
. . . It has been said that imprisonment for contempt as a means of coercion for civil purpose cannot be resorted to until all other means fail [Mich.-Atchison, etc. R. co. v. Jennison, 27 N.W. 6, 60 Mich. 232], but the court’s power to order the contemnor’s detension continues so long as the contumacy persists [Ark.-Lane v. Alexander, 271 S.W. 710, 168 Ark. 700] (17 C.J.S. 289).[33]
SEC. 8. Imprisonment until order obeyed. – When the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he may be imprisoned by order of the court concerned until he performs it. (7a)because herein subject order is not a special judgment enforceable, under Section 11, Rule 39, which provides:
SEC. 11. Execution of special judgment. – When a judgment requires the performance of any act other than those mention in the two preceding sections, a certified copy of judgment shall be attached to the writ of execution and shall be served by the officer upon the party against whom the same is rendered, or upon any other person required thereby, or by law to obey the same, and such party or person may be punished for contempt if he disobeys such judgment.Section 9 of Rule 39 refers to the execution of judgments for money, thus:
SEC. 9. Execution of judgments for money, how enforced. – (a) Immediate payment on demand. – The officer shall enforce an execution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative if present at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the clerk of court of the court that issued the writ.while Section 10 of the same Rule refers to execution of judgments for specific acts such as conveyance, delivery of deeds or other specific acts vesting title; sale of real or personal property, delivery or restitution of real property, removal of improvements on property subject of execution and delivery of personal property.
If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possession within the same day to the clerk of court of the court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial court of the locality.
The clerk of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose clerk of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him.
(b) Satisfaction by levy. – If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode or payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.
When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment.
(c) Garnishment of debts and credits. – The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees.
The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court.
In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due; otherwise, the choice shall be made by the judgment obligee.
The executing sheriff shall observe the same procedure under paragraph (a) with respect to delivery of payment to the judgment obligee. (8a, 15a)
Where an order for the arrest and imprisonment of defendant for contempt of court (for failure to satisfy a judgment for support on ground of insolvency) would, in effect, violate the Constitution.Thus, petitioners could not be held guilty of contempt of court for their continued refusal to comply with the probate court’s order to pay rentals to the administratrix nor could they be held guilty of contempt for disobeying the writ of execution issued by the probate court, which directs therein the Sheriff, thus:
Should lessees fail to pay the aforementioned amounts on rentals, then of the goods and chattels of said lessees you may cause to be made the sum sufficient to cover the aforestated amounts, but if no sufficient personal properties are found thereof to satisfy this execution, then of the real properties you make the sums of money in the manner required by law and make return of your proceeding under this writ within the reglementary period.[38]It was the sheriff’s duty to enforce the writ.[39]