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BACHRACH V SEIFERTFacts: The deceased E. M. Bachrach, who left no forced heir exce t his widow Mar!Mc"onald Bachrach, in his last will and testa#ent #ade $ario%s le&acies in cash andwilled the re#ainder of his estate. The estate of E. M. Bachrach, as owner of '(),(((shares of stoc* of the Ato*+Bi& ed&e Minin& Co., Inc., recei$ed fro# the latter - ,((( shares re resentin& -( er cent stoc* di$idend on the said '(),((( shares./n 0%ne '(, '1 ), Mar! Mc"onald Bachrach, as %s%fr%ct%ar! or life tenant of theestate, etitioned the lower co%rt to a%thori2e the 3eo les Ban* and Tr%st Co# an!,

as ad#inistrator of the estate of E. M. Bachrach, to transfer to her the said - ,(((shares of stoc* di$idend 4! indorsin& and deli$erin& to her the corres ondin&certificate of stoc*, clai#in& that said di$idend, altho%&h aid o%t in the for# of stoc*,is fr%it or inco#e and therefore 4elon&ed to her as %s%fr%ct%ar! or life tenant. So hieSiefert and Elisa Elianoff, le&al heirs of the deceased, o osed said etition on the&ro%nd that the stoc* di$idend in 5%estion was not inco#e 4%t for#ed art of theca ital and therefore 4elon&ed not to the %s%fr%ct%ar! 4%t to the re#ainder#an. hilea ellants ad#it that a cash di$idend is an inco#e, the! contend that a stoc* di$idendis not, 4%t #erel! re resents an addition to the in$ested ca ital.

Iss%e: hether or not a di$idend is an inco#e and whether it sho%ld &o to the%s%fr%ct%ar!.

Held: The %s%fr%ct%ar! shall 4e entitled to recei$e all the nat%ral, ind%strial, and ci$il

fr%its of the ro ert! in %s%fr%ct. The '(),((( shares of stoc* are art of the ro ert!in %s%fr%ct. The - ,((( shares of stoc* di$idend are ci$il fr%its of the ori&inalin$est#ent. The! re resent rofits, and the deli$er! of the certificate of stoc* co$erin&said di$idend is e5%i$alent to the a!#ent of said rofits. Said shares #a! 4e soldinde endentl! of the ori&inal shares, 6%st as the offs rin& of a do#estic ani#al #a! 4esold inde endentl! of its #other. If the di$idend 4e in fact a rofit, altho%&h declared instoc*, it sho%ld 4e held to 4e inco#e. A di$idend, whether in the for# of cash or stoc*,is inco#e and, conse5%entl!, sho%ld &o to the %s%fr%ct%ar!, ta*in& into considerationthat a stoc* di$idend as well as a cash di$idend can 4e declared onl! o%t of rofits of the cor oration, for if it were declared o%t of the ca ital it wo%ld 4e a serio%s $iolationof the law. 7nder the Massach%setts r%le, a stoc* di$idend is considered art of theca ital and 4elon&s to the re#ainder#an8 while %nder the 3enns!l$ania r%le, allearnin&s of a cor oration, when declared as di$idends in whate$er for#, #ade d%rin&the lifeti#e of the %s%fr%ct%ar!, 4elon& to the latter. The 3enns!l$ania r%le is #ore inaccord with o%r stat%tor! laws than the Massach%setts r%le.

HEME"ES V CAFACTS: 0ose He#edes exec%ted a doc%#ent entitled 9"onation Inter Vi$os ithResol%tor! Conditions con$e!in& ownershi a arcel of land, to&ether with all itsi# ro$e#ents, in fa$or of his third wife, 0%sta ;a%a in, s%46ect to the resol%tor!condition that % on the latter B Ins%rance and Asia Brewer! 4%t the! failed to arri$e at an a#ica4le settle#ent.Maxi#a He#edes also wrote a letter addressed to Asia Brewer! assertin& that she isthe ri&htf%l owner of the s%46ect ro ert! and den!in& the exec%tion of an! real estate#ort&a&e in fa$or of R>B. "o#ini%# and Enri5%e ". He#edes filed a co# laint with

the CFI for the ann%l#ent of TCT iss%ed in fa$or of R > B Ins%rance and or therecon$e!ance to "o#ini%# of the s%46ect ro ert! alle&in& that "o#inion was thea4sol%te owner of the land. The trial co%rt r%led in fa$or of "o#ini%# and Enri5%eHe#edes.

ISS7E: = the donation in fa$or of Enri5%e He#edes was $alid

HE?": =/. Enri5%e ". He#edes and his transferee, "o#ini%#, did not ac5%ire an!ri&hts o$er the s%46ect ro ert!. 0%sta ;a%sa in so%&ht to transfer to her ste sonexactl! what she had earlier transferred to Maxi#a He#edes D the ownershi of thes%46ect ro ert! %rs%ant to the first condition sti %lated in the deed of donationexec%ted 4! her h%s4and. Th%s, the donation in fa$or of Enri5%e ". He#edes is n%lland $oid for the %r orted o46ect thereof did not exist at the ti#e of the transfer,ha$in& alread! 4een transferred to his sister. Si#ilarl!, the sale of the s%46ect ro ert!4! Enri5%e ". He#edes to "o#ini%# is also a n%llit! for the latter cannot ac5%ire#ore ri&hts than its redecessor+in+interest and is definitel! not an innocent %rchaser for $al%e since Enri5%e ". He#edes did not resent an! certificate of title % on whichit relied. The declarations of real ro ert! 4! Enri5%e ". He#edes, his a!#ent of realt! taxes, and his 4ein& desi&nated as owner of the s%46ect ro ert! in thecadastral s%r$e! of Ca4%!ao, ?a&%na and in the records of the Ministr! of A&rarianRefor# office in Cala#4a, ?a&%na cannot defeat a certificate of title, which is ana4sol%te and indefeasi4le e$idence of ownershi of the ro ert! in fa$or of the ersonwhose na#e a ears therein. 3artic%larl!, with re&ard to tax declarations and taxrecei ts, this Co%rt has held on se$eral occasions that the sa#e do not 4! the#sel$esconcl%si$el! ro$e title to land.

FABIE V 7TIERREThe etitioner 0osefa Fa4ie is the %s%fr%ct%ar! of the inco#e of certain ho%seslocated at G +G J Santo Cristo, Binondo, and 1-(+1-J /n& in, Santa Cr%2, Manila,


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%nder the ninth cla%se of the will of the deceased Rosario Fa4ie ! re!, whichtext%all! reads as follows:

=/VE=/. K ?e&o a #i ahi6ada #enor de edad, Maria 0osefa de la 3a2 Fa4ie, en%s%fr%cto $italicio las rentas de las fincas sit%adas en la Calle Santo Cristo =%#erosG al G J del "isrito de Binondo, de esta Ci%dad de Manila, descrita en elCertificado /ri&inal de Tit%lo =o. G) 8 ! en la Calle /n& in, =%#eros 1-( al 1-J del"istrito de Santa Cr%2, Manila descrita en el Certificado /ri&inal de Tit%lo =o. -(G(,

ex edidos or el Re&istrador de Tit%los de Manila, ! rohi4o ena6ene, hi ote5%e,er#%te o transfiera de al&%n #odo #ientras 5%e ella sea #enor de edad. =o#4ro aSerafin Fa4ie Macario, #i ri#o or linea aterna t%tor de la ersona ! 4ienes de #iahi6ada #enor, Maria 0osefa de la 3a2 Fa4ie.

The owner of Santo Cristo ro ert! a4o$e#entioned is the res ondent 0%an re!,while those of the /n& in ro ert! are other erson not concern herein. 3re$io%s toSe te#4er '1 liti&ation arose 4etween 0osefa Fa4ie as laintiff and 0%an re! asdefendant and the owner of the /n& in ro ert! as inter$enors, in$ol$in& thead#inistration of the ho%ses #entioned in cla%se 1 of the will a4o$e 5%oted @ci$il case=o. 'J-1 of the Co%rt of First Instance of Manila . That s%it was decided 4! the co%rton Se te#4er , '1 , % on a sti %lation in writin& s%4#itted 4! the arties to anda ro$ed 4! the co%rt. The ertinent ortions of said sti %lation read as follows:

@ Heretofore, the rent of said ro erties ha$e 4een collected at ti#es 4! theres ecti$e owners of the ro erties, at other ti#es 4! the %s%fr%ct%ar!, and lastl! 4!the defendant 0%an re! as a&ent %nder a written a&ree#ent dated March G', '1 ,4etween the owners of 4oth ro erties and the %s%fr%ct%ar!.

@- hen the rents were collected 4! the owners, the net a#o%nts thereof were d%l!aid to the %s%fr%ct%ar! after the ex enses for real estate taxes, re airs and

ins%rance re#i%#s, incl%din& the doc%#entar! sta# s, on the ro erties and theex enses of collectin& the rents had 4een ded%cted, and certain a#o%nt set aside asa reser$e for contin&ent lia4ilities. hen the rents were collected 4! the %s%fr%ct%ar!,she herself aid the ex enses aforesaid. hen the rents are collected 4! thedefendant 0%an re! %nder the a&ree#ent of March G', '1 , the net a#o%ntsthereof were d%l! aid to the %s%fr%ct%ar!, after ded%ctin& and settin& aside the ite#saforesaid, #onthl!, %ntil the #onth of /cto4er '1 G, when the %s%fr%ct%ar! ref%sed tocontin%e with the a&ree#ent of March G', '1 .

x x x x x x x x x

II. The arties hereto 6ointl! etition the Co%rt to render 6%dent ado tin& thefore&oin& as findin& of facts and dis osin& that:

@) Be&innin& with the #onth of Se te#4er '1 , the %s%fr%ct%ar! shall collect all therents of the 4oth the Sto. Cristo and the /n& in ro erties.

@1 The %s%fr%ct%ar! shall, at her own cost and ex ense, a! all the real estate taxes,s ecial assess#ents, and ins%rance re#i%#s, incl%din& the doc%#entar! sta# s,and #a*e all the necessar! re airs on each of the ro erties, ro# tl! when d%e or,in the case of re airs, when the necessar!, &i$in& i##ediate, written notice to theowner or owners of the ro ert! concerned after #a*in& s%ch a!#ent or re airs. In

case of defa%lt on the art of the %s%fr%ct%ar!, the res ecti$e owners of the ro ertiesshall ha$e the ri&ht to #a*e the necessar! a!#ent, incl%din& enalties and interest,if an!, on the taxes and s ecial assess#ents, and the re airs and in that e$ent theowner or owners shall entitled to collect all s%4se5%ent rents of the ro ert!concerned %ntil the a#o%nt aid 4! hi# or the# and the ex enses of collection aref%ll! co$ered there4!, after which the %s%fr%ct%ar! shall a&ain collect the rents inaccordance herewith.

@'( The fore&oin& shall 4e in effect d%rin& the ter# of the %s%fr%ct and shall 4e4indin& on the s%ccessors and assi&ns of each of the arties.

@'' =othin& herein shall 4e %nderstood as affectin& an! ri&ht which the res ecti$eowners of the ro erties ha$e or #a! ha$e as s%ch and which is not s ecificall! thes%46ect of this sti %lation.

In 0%ne '1 - 0osefa Fa4ie co##enced an action of %nlawf%l detainer a&ainst theherein res ondent =&o Boo Soo @who sa!s that his correct na#e is =&o Soo ,alle&in& in her a#ended co# laint that the defendant is occ% !in& the re#iseslocated at G +G J Santo Cristo on a #onth+to #onth rental a!a4le in ad$ance notlatter than the -th of each #onth8 that she is the ad#inistratrix and %s%fr%ct%ar! of said re#ises8 Lthat the defendant offered to a! 3G(( #onthl! rent a!a4le inad$ance not later than the -th of e$er! #onth, 4e&innin& the #onth of A ril '1 -, for

the said of re#ises incl%din& the one door which said defendant, witho%t laintiff sconsent and contrar! to their a&ree#ent, had s%4leased to another Chinese, 4%tlaintiff ref%sed, 4ased on the fact that the herein laintiff $er! 4adl! needs the said

ho%se to li$e in, as her ho%se was 4%rned 4! the 0a anese on the occasion of theentr! of the A#erican li4erators in the Cit! and which was located then at =o. G)Flores, "o#in&a, 3asa!8 that defendant was d%l! notified on March and A ril ' ,'1 -, to lea$e the said re#ises, 4%t he ref%sedL8 and she ra!ed for 6%dent of e$iction and for %n aid rentals.

The defendant answered alle&in& that he was and since '1() had 4een a tenant of the re#ises in 5%estion, which he was %sin& and had alwa!s %sed rinci all! as astore and secondaril! for li$in& 5%arters8 that he was rentin& it fro# its owner andad#inistrator 0%an re!8 Lthat laintiff is #erel! the %s%fr%ct%ar! of the inco#etherefro#, and 4! a&ree#ent 4etween her and said owner, which is e#4odied in afinal 6%dent of the Co%rt of First Instance of Manila, her onl! ri&ht as %s%fr%ct%ar! of the inco#e is to recei$e the whole of s%ch inco#e8 that she has no ri&ht or a%thorit! toe6ect tenants, s%ch ri&ht 4ein& in the owner and ad#inistrator of the ho%se, theaforesaid 0%an re!, who has heretofore etitioned this Co%rt for er#ission tointer$ene in this action8 that laintiff herein has ne$er had ossession of said ro ert!8that defendant s lease contract with the owner of the ho%se is for -+!ear eriod, withrenewal o tion at the end of each eriod, and that his resent lease d%e to ex ire on"ece#4er G', '1 - . . .8 that on 0%ne ', '1 -, defendant #ade a written offer to

laintiff to co# ro#ise and settle the 5%estion of the a#o%nt of rent to 4e aid 4!defendant . . . 4%t said laintiff re6ected the sa#e for no $alid reason whate$er andinstit%ted the resent action8 that the reason laintiff desires to e6ect defendant fro#the ro ert! is that she wishes to lease the sa#e to other ersons for a hi&her rent,i&norin& the fact that as %s%fr%ct%ar! of the inco#e of the ro ert! she has no ri&ht tolease the ro ert!8 that the defendant has s%4leased no art of the ho%se to an!

erson who#soe$er.


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0%an re! inter$ened in the %nlawf%l detainer s%it, alle&in& in his co# laint ininter$ention that he is the sole and a4sol%te owner of the re#ises in 5%estion8 thatthe laintiff 0osefa Fa4ie is the %s%fr%ct%ar! of the inco#e of said re#ises8 4! $irt%eof a contract 4etween hi# and the inter$enor which will ex ire on "ece#4er G', '1 -,with the o tion to renew it for another eriod of fi$e !ears fro# and after said date8that %nder the a&ree#ent 4etween the inter$enor and laintiff 0osefa Fa4ie in ci$ilcase =o. 'J-1 of the Co%rt of First Instance of Manila, which was a ro$ed 4! the

co%rt and incor orated in its decision of Se te#4er , '1 , the onl! ri&ht reco&ni2edin fa$or of 0osefa Fa4ie as %s%fr%ct%ar! of the inco#e of said re#ises is to recei$ethe rents therefro# when d%e8 and that as %s%fr%ct%ar! she has no ri&ht nor a%thorit!to ad#inister the said re#ises nor to lease the# nor to e$ict tenants, which ri&ht anda%thorit! are $ested in the inter$enor as owner of the re#ises.

The #%nici al co%rt @0%d&e Mariano =a4le residin& fo%nd that %nder ara&ra h 1 of the sti %lation incor orated in the decision of the Co%rt First Instance of Manila in ci$il8case =o. 'J-1, the laintiff %s%fr%ct%ar! is the ad#inistratrix of the re#ises in5%estion, and that the laintiff had ro$ed her ca%se. 0%dent was accordin&l!rendered orderin& the defendant =&o Soo to $acate the re#ises and to a! the rentsat the rate of 3'G .-( a #onth 4e&innin& A ril ', '1 -. The co# laint in inter$entionwas dis#issed.

7 on a eal to the Co%rt of First Instance of Manila the latter @thr% 0%d&e Arsenio 3."i2on dis#issed the case for the followin& reason: LThe #ain iss%e NNN is not a #ere5%estion of ossession 4%t recisel! who is entitled to ad#inister the ro ert! s%46ect#atter of this case and who sho%ld 4e the tenant, and the conditions of the lease.These iss%es were 4e!ond the 6%risdiction of the #%nici al co%rt. This 4ein& case, thisCo%rt, as a ellate co%rt, is li*ewise witho%t 6%risdiction to ta*e co&ni2ance of the

resent case.L A #otion for reconsideration filed 4! the laintiff was denied 4! 0%d&e0ose %tierre2 "a$id, who s%stained the o inion of 0%d&e "i2on.law hi'.net

The resent ori&inal action was instit%ted in this Co%rt 4! 0osefa Fa4ie to ann%l theorder of the dis#issal and to re5%ire to the Co%rt of First Instance to tr! and decidethe case on the #erits. The etitioner f%rther ra!s that the a eal of the inter$enor 0%an re! 4e declared o%t of ti#e on the &ro%nd that he recei$e co ! of the decisionon A%&%st G 4%t did not file his notice of a eal %ntil A%&%st -, '1 -.

'. The first 5%estion to deter#ine is whether the action instit%ted 4! the etitioner 0osefa Fa4ie in the #%nici al co%rt is a %rel! ossessor! action and as s%ch withinthe 6%risdiction of said co%rt, or an action fo%nded on ro ert! ri&ht and therefore4e!ond the 6%risdiction of the #%nici al co%rt. In other words, is it an action of %nlawf%ldetainer within the %r$iew of section ' of R%le , or an action in$ol$in& the title to or the res ecti$e interests of the arties in the ro ert! s %46ect of the liti&ation

Said section ' of R%le ro$ides that La landlord, $endor, $endee, or other ersona&ainst who# the ossession of an! land or 4%ildin& is %nlawf%ll! withheld after theex iration or ter#ination of the ri&ht to hold ossession, 4! $irt%e of an! contract,ex ress or i# lied, or the le&al re resentati$es or assi&ns of an! s%ch landlord,$endor $endee, or other erson, #a!, at an! ti#e within one !ear after s%ch %nlawf%lde ri$ation of withholdin& of ossession, 4rin& an action in the ro er inferior co%rta&ainst the erson or ersons %nlawf%ll! withholdin& or de ri$in& of ossession, or

an! erson or ersons clai#in& %nder the#, for the restit%tion of s%ch ossession,to&ether with the da#a&es and costs.L

It is ad#itted 4! the arties that the etitioner 0osefa Fa4ie is the %s%fr%ct%ar! of theinco#e of the ro ert! in 5%estion and that the res ondent 0%an re! is the owner thereof. It is li*ewise ad#itted that 4! $irt%e of a final 6%dent entered in ci$il case=o. 'J-1 of the Co%rt of First Instance of Manila 4etween the %s%fr%ct%ar! and theowner, the for#er has the ri&ht to collect all the rents of said ro ert! for herself with

the o4li&ation on her art to a! all the real estate taxes, s ecial assess#ents, andins%rance re#i%#s, and #a*e all necessar! re airs thereon, and in case defa%lt onher art the owner shall ha$e the ri&ht to do all those thin&s, in which e$ent he shall4e entitled to collect all s%4se5%ent rents of the ro ert! concerned %ntil the a#o%nt

aid 4! hi# and the ex enses of collection are f%ll! satisfied, after which the%s%fr%ct%ar! shall a&ain collect the rents. There is therefore no dis %te as to the titleto or the res ecti$e interests of the arties in the ro ert! in 5%estion. The na*ed titleto the ro ert! is to ad#ittedl! in the res ondent 0%an re!, 4%t the ri&ht to all therents thereof, with the o4li&ation to a! the taxes and ins%rance re#i%#s and #a*ethe necessar! re airs, is, also ad#ittedl!, $ested in the %s%fr%ct%ar!, the etitioner 0osefa Fa4ie, d%rin& her lifeti#e. The onl! 5%estion 4etween the laintiff and theinter$enor is: ho has the ri&ht to #ana&e or ad#inister the ro ert! K to select thetenant and to fix the a#o%nt of the rent hoe$er has that ri&ht has the ri&ht to thecontrol and ossession of the ro ert! in 5%estion, re&ardless of the title thereto.

Therefore, the action is %rel! ossessor! and not one in an! wa! in$ol$in& the title tothe ro ert!. Indeed, the a$er#ents and the ra!er of the co# laint filed in the#%nici al co%rt so indicate, and as a #atter of fact the defendant =&o Soo does not

retend to 4e the owner of the ro ert!, 4%t on the contrar! ad#its to 4e a #eretenant thereof. e ha$e re eatedl! held that in deter#inin& whether an action of this*ind is within the ori&inal 6%risdiction of the #%nici al co%rt or of the Co%rt of FirstInstance, the a$er#ents of the co# laint and the character of the relief so%&ht are

ri#aril! to 4e cons%lted8 that the defendant in s%ch an action cannot defeat the 6%risdiction of the 6%stice of the eace or #%nici al co%rt 4! s ettin& % title in hi#self8and that the factor which defeats the 6%risdiction of said co%rt is the necessit! toad6%dicate the 5%estion of title. @Mediran $s. Villan%e$a, G 3hil., - , -18 Medel $s.Militante, ' 3hil., - J, - 18 Se$illa $s. Tolentino, -' 3hil., GGG8 S% ia and Batioco $s.O%intero and A!ala, -1 3hil., G' 8 ?i2o $s. Carandan&, .R. =o. )GG, /ff. a2.,G( 8 A&%ilar $s. Ca4rera and Fla#ePo, .R. =o. 1' 1.

The Co%rt of First Instance was e$identl! conf%sed and led to #isconstr%e the realiss%e 4! the co# laint in inter$ention of 0%an re!, who, all!in& hi#self with thedefendant =&o Soo, clai#ed that he is the ad#inistrator of the ro ert! with the ri&htto select the tenant and dictate the conditions of the lease, there4! i# l!in& that it washe and not the laintiff 0osefa Fa4ie who had the ri&ht to 4rin& the action and o%st thetenant if necessar!. For the &%idance of that co%rt and to o4$iate s%ch conf%sion in itsdis osal of the case on the #erits, we dee# it necessar! and ro er to constr%e the

6%dent entered 4! the Co%rt of First Instance of Manila in ci$il case =o. 'J-1,entitled L0osefa Fa4ie and 0ose Carandan&, laintiffs, $s. 0%an re!, defendant, and=ie$es . Vda. de re!, et al., inter$enors+defendantsL which 6%dent was leaded4! the herein res ondents 0%an re! and =&o Soo in the #%nici al co%rt. Accordin&the decision, co ! of which was s%4#itted to this Co%rt as A endix F of the etitionand as Annex ' of the answer, there was an a&ree#ent, dated March G', '1 ,4etween the %s%fr%ct%ar! 0osefa Fa4ie and the owner 0%an re! where4! the latter


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as a&ent collected the rents of the ro ert! in 5%estion and deli$ered the sa#e to the%s%fr%ct%ar! after ded%ctin& the ex enses for taxes, re airs, ins%rance re#i%#s andthe ex enses of collection8 that in the #onth of /cto4er '1 G the %s%fr%ct%ar! ref%sedto contin%e with the said a&ree#ent of March G', '1 , and thereafter the said casearose 4etween the arties, which 4! sti %lation a ro$ed 4! the co%rt was settleda#on& the# in the followin& #anner: Be&innin& with the #onth of Se te#4er '1the %s%fr%ct%ar! shall collect all the rents of the ro ert! in 5%estion8 shall, at her owncost and ex ense, a! all the real estate taxes, s ecial assess#ents, and ins%rance

re#i%#s, incl%din& the doc%#entar! sta# s, and #a*e all the necessar! re airs onthe ro ert!8 and in case of defa%lt on her art the owner shall the ri&ht to do an! or all of those thin&s, in which e$ent he shall 4e entitled to collect all s%4se5%ent rents%ntil the a#o%nts aid 4! hi# are f%ll! satisfied, after which the %s%fr%ct%ar! shalla&ain collect the rents. It was f%rther sti %lated 4! the arties and decreed 4! theco%rt that Lthe fore&oin& shall 4e in effect d%rin& the ter# of the %s%fr%ct and shall 4e4indin& on the s%ccessors and assi&ns of each of the arties.L

Constr%in& said 6%dent in the li&ht of the ninth cla%se of the will of the deceasedRosario Fa4ie ! re!, which was 5%oted in the decision and 4! which 0osefa Fa4iewas #ade 4! the %s%fr%ct%ar! d%rin& her lifeti#e of the inco#e of the ro ert! in5%estion, we find that the said %s%fr%ct%ar! has the ri&ht to ad#inister the ro ert! in5%estion. All the acts of ad#inistration K to collect the rents for herself, and toconser$e the ro ert! 4! #a*in& all necessar! re airs and a!in& all the taxes,s ecial assess#ents, and ins%rance re#i%#s thereon K were 4! said 6%dent$ested in the %s%fr%ct%ar!. The retension of the res ondent 0%an re! that he is thead#inistrator of the ro ert! with the ri&ht to choose the tenants and to dictate theconditions of the lease is contrar! to 4oth the letter and the s irit of the said cla%se of the will, the sti %lation of the arties, and the 6%dent of the co%rt. He cannot#ana&e or ad#inister the ro ert! after all the acts of #ana&e#ent andad#inistration ha$e 4een $ested 4! the co%rt, with his consent, in the %s%fr%ct%ar!. Head#itted that 4efore said 6%dent he had 4een collectin& the rents as a&ent of the%s%fr%ct%ar! %nder an a&ree#ent with the latter. hat le&al 6%stification or $alidexc%se co%ld he ha$e to clai# the ri&ht to choose the tenant and fix the a#o%nt of therent when %nder the will, the sti %lation of the arties, and the final 6%dent of theco%rt it is not he 4%t the %s%fr%ct%ar! who is entitled to said rents As lon& as the

ro ert! is ro erl! conser$ed and ins%red he can ha$e no ca%se for co# laint, andhis ri&ht in that re&ard is f%ll! rotected 4! the ter#s of the sti %lation and the

6%dent of the co%rt a4o$e #entioned. To er#it hi# to arro&ate to hi#self theri$ile&e to choose the tenant, to dictate the conditions of the lease, and to s%e when

the lessee fails to co# l! therewith, wo%ld 4e to lace the %s%fr%ct%ar! entirel! at his#erc!. It wo%ld lace her in the a4s%rd sit%ation of ha$in& a certain indis %ta4le ri&htwitho%t the ower to rotect, enforce, and f%ll! en6o! it.

/ne #ore detail needs clarification. In her co# laint for desah%cio 0osefa Fa4iealle&es that she needs the re#ises in 5%estion to li$e in, as her for#er residencewas 4%rned. Has she the ri&ht %nder the will and the 6%dent in 5%estion to occ% !said re#ises herself e thin* that, as a corollar! to her ri&ht to all the rent, tochoose the tenant, and to fix the a#o%nt of the rent, she necessaril! has the ri&ht tochoose herself as the tenant thereof, if she wishes to8 and, as she f%lfills her o4li&ationto a! the taxes and ins%re and conser$e the ro ert! ro erl!, the owner has nole&iti#ate ca%se to co# lain. As 0%d&e =a4le of the #%nici al co%rt said in hisdecision, Lthe retension that the laintiff, 4ein& a #ere %s%fr%ct%ar! of the rents,

cannot occ% ! the ro ert!, is illo&ical if it 4e ta*en into acco%nt that that co%ld notha$e 4een the intention of the testatrix.L

e find that % on the leadin&s, the %ndis %ted facts, and the law the action instit%tedin the #%nici al co%rt 4! the etitioner 0osefa Fa4ie a&ainst the res ondent =&o Soois one of %nlawf%l detainer, within the ori&inal 6%risdiction of said co%rt, and thattherefore 0%d&es "i2on and %tierre2 "a$id of the Co%rt of First Instance erred inholdin& otherwise and in 5%ashin& the case % on a eal.

. The next 5%estion to deter#ine is the ro riet! of the re#ed! a$ailed of 4! theetitioner in this Co%rt. 0%d&in& fro# the alle&ations and the ra!er of the etition, it is

in the nat%re of certiorari and #anda#%s, to ann%l the order of dis#issal and tore5%ire the Co%rt of First Instance to tr! and decide the a eal on the #erits. 7nder section G of R%le J , when an! tri4%nal %nlawf%ll! ne&lects the erfor#ance of an actwhich the law s ecificall! en6oins as a d%t! res%ltin& fro# an office, and there is noother lain, s eed!, and ade5%ate re#ed! in the ordinar! co%rse of law, it #a! 4eco# elled 4! #anda#%s to do the act re5%ired to 4e done to rotect the ri&hts of the

etitioner. If, as we find, the case 4efore the res ondent 6%d&e is one of %nlawf%ldetainer, the law s ecificall! re5%ires hi# to hear and decide that case on the #erits,and his ref%sal to do so wo%ld constit%te an %nlawf%l ne&lect in the erfor#ance of that d%t! within section G of R%le J . Ta*in& into consideration that the law re5%iresthat an %nlawf%l detainer case 4e ro# tl! decided @sections - and ), R%le ,it ise$ident that an a eal fro# the order of dis#issal wo%ld not 4e a s eed! andade5%ate re#ed!8 and %nder the a%thorit! of Cecilio $s. Bel#onte @ ) 3hil., G, -- ,and A&%ilar $s. Ca4rera and Fla#ePo @ .R. =o. 1' 1 , we hold that #anda#%s liesin this case.

G. The contention of the etitioner that the a eal of the inter$enor 0%an re! wasfiled o%t of ti#e is not well fo%nded. Altho%&h said res ondent recei$ed co ! of thedecision of the #%nici al co%rt on A%&%st G, '1 -, accordin& to the etitioner @on

A%&%st J, '1 -, accordin& to the said res ondent , it a ears fro# the sworn answer of the res ondent =&o Soo in this case that on A%&%st ) he filed a #otion for reconsideration, which was &ranted in art on A%&%st '). Th%s, if the 6%dent was#odified on A%&%st '), the ti#e for the inter$enor 0%an re! to a eal therefro# didnot r%n %ntil he was notified of said 6%dent as #odified, and since he filed his noticeof a eal on A%&%st G, it wo%ld a ear that his a eal was filed on ti#e. Howe$er,we o4ser$e in this connection that said a eal of the inter$enor 0%an re!, who chosenot to answer the etition herein, wo%ld 4e acade#ic in $iew of the concl%sions weha$e reached a4o$e that the ri&hts 4etween hi# as owner and 0osefa Fa4ie as%s%fr%ct%ar! of the ro ert! in 5%estion ha$e 4een definitel! settled 4! final 6%dentin ci$il case =o. 'J-1 of the Co%rt of First Instance of Manila in the sense that the%s%fr%ct%ar! has the ri&ht to ad#inister and ossess the ro ert! in 5%estion, s%46ectto certain s ecified o4li&ations on her art.

The orders of dis#issal of the res ondent Co%rt of First Instance, dated Se te#4er and /cto4er G', '1 -, in the desah%cio case @=o. '' 1 are set aside that co%rt isdirected to tr! and decide the said case on the #erits8 with the costs hereof a&ainstthe res ondent =&o Soo.

V"A "E ARA=AS V ARA=AS


5/7

This is a etition for certiorari which see*s to declare the orders of res ondent 0%d&edated 0%l! 'J, '1)( and Se te#4er G, '1)( as an exercise of a &ross a4%se of discretion a#o%ntin& to lac* of 6%risdiction, 4! r%lin& that the ro erties %nder ro% Cof the testate estate of the late Fr.Teodoro Aranas are s%46ect to re#%nerati$ele&acies.

The antecedent facts of the case are as follows:

Fr. Teodoro Aranas, a riest of the Ro#an Catholic Ch%rch, died on 0an%ar! '1, '1-G.He had exec%ted on 0%ne J, '1 J his ?ast ill and Testa#ent which was ad#itted toro4ate on A%&%st G', '1-J. In said ?ast ill and Testa#ent, Fr. Teodoro Aranas

sti %lated the followin&:

A. The ret%rn to Aniceto Aranas or his heirs of all ro erties ac5%ired 4! Fr. Aranasfro# his 4rother Aniceto Aranas and ten @'( arcels of land descri4ed in the illinherited 4! the testator fro# his arents.

B. The ret%rn to Car#elo Aranas or his heirs of all ro erties ac5%ired 4! Fr. Aranasfro# his 4rother Car#elo Aranas and ten @'( arcels of land descri4ed in the illinherited 4! the testator fro# his arents.

C. The s ecial ad#inistration of the re#ainder of the estate of the testator 4! Vicente Aranas, a faithf%l and ser$icea4le ne hew and desi&natin& hi# also as reci ient of 'of the rod%ce of said ro erties after ded%ctin& the ex enses for the ad#inistrationand the other ' of the rod%ce to 4e &i$en to the Catholic Ch%rch for the eternalre ose of the testator s so%l. Said ertinent ro$ision ' reads as follows:

Fo%rth. It is #! will that the lands I had 4o%&ht fro# other ersons sho%ld 4econ$er&ed and laced %nder a Ls ecial ad#inistrator.L The s ecial ad#inistrator of these lands, for his office, sho%ld recei$e one half of all the rod%ce fro# which shall4e ded%cted the ex enses for the ad#inistration, and the other half of the rod%cesho%ld 4e recei$ed 4! the Ro#an Catholic Ch%rch and sho%ld 4e s ent for #! so%l,Vicente B. Aranas @Tin&tin& , 4eca%se he is a faithf%l and ser$icea4le ne hew, sho%ld4e the first s ecial ad#inistrator of said ro erties, witho%t 4ond, %ntil his death or %ntil he sho%ld not want to hold the said office an!#ore. An!one of the sons of #!4rother Car#elo Aranas can hold the said office of s ecial ad#inistrator, and noneother than the!. Their father, #! 4rother Car#elo Aranas shall 4e the one to decidewho a#on& the# shall hold the said office, 4%t % on the death of #! said 4rother Car#elo Aranas, his said sons will ha$e ower to select the one a#on& the#o%rsel$es. The s ecial ad#inistration is er et%al.

The lower co%rt in its /rder dated =o$e#4er ' , '1 r%led, % on etitioners @inS . 3roc. =o. G(G LMotion for the "eclaration of Heirs and 3artition8 and for Re#o$alof the Ad#inistrator @Vicente Aranas and or for his 3er#ission to Resi&n, anda oint#ent of His S%ccessorL that the L er et%al inaliena4ilit! and ad#inistration of the ortion of the estate of the late Re$. Fr. Teodoro Aranas, ad#inistered 4! Vicente

Aranas, is n%n and $oid after twent! !ears fro# 0an%ar! '1, '1- ... L and declared inthe sa#e order the heirs of the late Fr. Teodoro Aranas. It also declared that Lthere#o$al of Vicente Aranas will, therefore, not ser$e the ends of 6%stice and for the 4estinterest of all the heirs, artic%larl! with res ect to the ortion of the estate ta*en 4!the heirs of Aniceto Aranas, re resented 4! the etitioners herein and the rest of the

heirs of Car#elo, re resented 4! the inter$enors, coheirs of Ad#inistrator Vicente Aranas.L G

Howe$er, the a4o$esaid /rder was s%4se5%entl! set aside % on the L7r&ent Motionfor Reconsideration and to "eclare Testate and Intestate Heirs of the late Fr. Teodoro

Aranas,L filed 4! the ad#inistrator Vicente Aranas on the alle&ation that said order was $iolati$e of d%e rocess and witho%t le&al and fact%al 4asis 4eca%se onl! theiss%e for the re#o$al of the ad#inistrator was heard and not the #atter of the

declaration of heirs. Th%s, the lower co%rt declared in its /rder, dated 0%l! 'J, '1)(that the /rder dated =o$e#4er ' , '1 is Lset aside and in the interest of 6%stice,reo ened in order that other heirs, s%ccessors+in+interest of Felino Aranas, - co%ldli*ewise assert their clai#s, as in the case of the heirs of Aniceto Aranas and Car#elo

Aranas.L J

Their Motion for Reconsideration ha$in& 4een denied 4! the lower co%rt in its order dated Se te#4er G, '1)(, etitioners now co#e 4efore 7s 4! certiorari raisin& theiss%e that the lower co%rt erred in settin& aside its order dated =o$e#4er ' , '1and in not a l!in& the ro$isions on 7s%fr%ct of the =ew Ci$il Code with res ect tothe ro erties referred to as ro% LCL in the ?ast ill and Testa#ent.

The co%rt r%led in its 5%estioned order that this artic%lar &ro% of ro erties @ ro%LCL is s%46ect to the followin&:

'. Re#%nerati$e le&ac! 4! wa! of %s%fr%ct of the net roceeds of ' of the estateafter ded%ctin& ex enses for ad#inistration in fa$or of Vicente Aranas, d%rin& hislifeti#e and shall contin%e an ad#inistrator of the estate, and, who, % on his death or ref%sal to contin%e s%ch %s%fr%ct, #a! 4e s%cceeded 4! an! of the 4rothers of thead#inistrator as selected 4! their father, Car#elo Aranas, if still ali$e or one selected4! his sons if, he, Car#elo, is dead8 3%rs%ant to the ill. @Article -J , -JG, -J andJ(G of the =ew Ci$il Code .

. ?e&ac! in fa$or of the Ro#an Catholic Ch%rch, artic%larl! the Arch4isho dioceseof Ca&a!an de /ro Cit! Re resented 4! the Re$erend Arch4isho 3atric* H. Cronino$er one+half of the roceeds of the ro erties %nder ro% LC.L @Article J(G, =ewCi$il Code and to last for a eriod of Fift! !ears fro# the effecti$e date of the le&ac!,

Article J(-, =ew Ci$il Code . @Annex L?+' ,L . ) , Rollo

Assailin& the afore#entioned r%lin&, etitioners rel! hea$il! on the doctrine laid downin Art. ) ( of the =ew Ci$il Code to wit:

Art. ) (. The dis ositions of the testator declarin& all or art of the estate inaliena4lefor #ore than twent! !ears are $oid.

A c%rsor! readin& of the En&lish translation of the ?ast ill and Testa#ent shows thatit was the sincere intention and desire of the testator to reward his ne hew Vicente

Aranas for his faithf%l and %nselfish ser$ices 4! allowin& hi# to en6o! one+half of thefr%its of the testator s third &ro% of ro erties %ntil Vicente s death and or ref%sal toact as ad#inistrator in which case, the ad#inistration shall ass to an!one chosen 4!Car#elo Aranas a#on& his sons and % on Car#elo s death, his sons will ha$e the

ower to select one a#on& the#sel$es. Vicente Aranas therefore as a %s%fr%ct%ar!has the ri&ht to en6o! the ro ert! of his %ncle with all the 4enefits which res%lt fro#


6/7

the nor#al en6o!#ent @or ex loitation of another s ro ert!, with the o4li&ation toret%rn, at the desi&nated ti#e, either the sa#e thin&, or in s ecial cases its e5%i$alent.This ri&ht of Vicente to en6o! the fr%its of the ro erties is te# orar! and therefore not

er et%al as there is a li#itation na#el! his death or his ref%sal. ?i*ewise hisdesi&nation as ad#inistrator of these ro erties is li#ited 4! his ref%sal and or deathand therefore it does not r%n co%nter to Art. ) ( of the Ci$il Code relied % on 4! the

etitioners. Be it noted that Vicente Aranas is not rohi4ited to dis ose of the fr%itsand other 4enefits arisin& fro# the %s%fr%ct. =either are the na*ed owners @the other

heirs of the ro erties, the %s%fr%ct of which has 4een &i$en to Vicente Aranasrohi4ited fro# dis osin& of said na*ed ownershi witho%t re6%dice of co%rse toVicente s contin%in& %s%fr%ct. To $oid the desi&nation of Vicente Aranas as%s%fr%ct%ar! and or ad#inistrator is to defeat the desire and the d!in& wish of thetestator to reward hi# for his faithf%l and %nselfish ser$ices rendered d%rin& the ti#ewhen said testator was serio%sl! ill or 4ed+ridden. The ro$iso #%st 4e res ected and4e &i$en effect %ntil the death or %ntil the ref%sal to act as s%ch of the instit%ted%s%fr%ct%ar! ad#inistrator, after which eriod, the ro ert! can 4e ro erl! dis osedof, s%46ect to the li#itations ro$ided in Art. )JG of the Ci$il Code concernin& afideico##issar! s%4stit%tion, said Article sa!s:

A fideico##issar! s%4stit%tion 4! $irt%e of which the fid%ciar! or first heir instit%ted isentr%sted with the o4li&ation to reser$e and to trans#it to a second heir the whole or

art of the inheritance, shall 4e $alid and shall ta*e effect, ro$ided s%ch s%4stit%tiondoes not &o 4e!ond one de&ree fro# the heir ori&inall! instit%ted, and ro$idedf%rther, that the fid%ciar! or first heir and the second heir are li$in& at the ti#e of thedeath of the testator.

It is contended 4! etitioners that the r%lin& #ade 4! res ondent co%rt dated=o$e#4er ' , '1 was alread! final and not s%46ect to correction as what was setaside and to 4e reheard was onl! re&ardin& the deter#ination of additional heirs.S%ch contention is not worth! of credence. Res ondents in their Me#orand%# alle&eand it is not dis %ted 4! etitioners that the order of =o$e#4er ' , '1 has not !et4eco#e final 4eca%se it was recei$ed onl! on 0an%ar! ' , '1 ) 4! the co%nsel for res ondent Vicente Aranas and the Motion for Reconsideration and to declaretesta#entar! and intestate heirs dated 0an%ar! ' , '1 ) was filed 4! the saidres ondent within the re&le#entar! eriod. Besides the $alidit! or in$alidit! of the%s%fr%ct%ar! dis ositions wo%ld affect the deter#ination of heirs.

As to etitioners alle&ation that the order of 0%l! 'J, '1)( is witho%t 4asis, the recordshows that d%rin& the hearin& of the %r&ent #otion for reconsideration and to declaretesta#entar! and intestate heirs, it was ro$en concl%si$el! 4! the said res ondentVicente B. Aranas that he was instit%ted as a re#%nerati$e le&atee er #andate of the?ast ill and Testa#ent 4! wa! of %s%fr%ct%ar!. ?i*ewise the ri&ht of the Ro#anCatholic Ch%rch as the other %s%fr%ct%ar! le&atee for the d%ration of the stat%tor!lifeti#e of a cor oration, that is, -( !ears fro# the date of the effecti$it! of said le&ac!,was also esta4lished.

HEREF/RE, the instant etition is here4! dis#issed.

VI??A=7EVA V ?/CSI=

SQ=/3SIS

3etitioner was a taxi o erator with a fixed 4ase of o erations at Bacolod Cit!. 3ri$ateres ondent was an a licant for a certificate of %4lic con$enience to o erate at a

lace '- *#s. awa! fro# etitioner s 4ase of o erations. 3etitioner o osed thea lication. The then 3%4lic Ser$ice Co##ission dis#issed the o osition statin& thatwhile the certificate of %4lic con$enience of the existin& o erator incl%des the wholeisland of =e&ros as the territorial li#it, its taxis can onl! &o to laces other than

Bacolod if it has assen&ers. In the lace a lied for 4! ri$ate res ondent, no4od! isle&all! a%thori2ed to o erate. This order of dis#issal was assailed in a etition for certiorari and rohi4ition, and a reli#inar! in6%nction was iss%ed 4! the S% re#eCo%rt. S%4se5%entl!, howe$er, ri$ate res ondent #o$ed to dis#iss the etition onthe &ro%nd that, as alle&ed in Ci$il Case '' ( where etitioner was a res ondent, heis no lon&er in the taxica4 trans ortation 4%siness and that there4!, he has lost an!le&al interest in the case.

The Co%rt held that the #otion to dis#iss is warranted for an ad6%dication of the$alidit! of the order of dis#issal to an o osition to the a lication 4! res ondentCo##ission no lon&er exists.

3etition dis#issed for 4ein& #oot and acade#ic.

SQ??AB7S

'. CERTI/RARI A=" 3R/HIBITI/=8 "ISMISSA? /F 3ETITI/= F/R BEI= M//T A=" ACA"EMIC8 I=STA=T CASE. K A #otion to dis#iss the etition assailin& thedecision of the def%nct 3%4lic Ser$ice Co##ission, dis#issin& the o osition of

etitioner to ri$ate res ondent s a lication for a certificate of %4lic con$eniencealle&in& a#on& others, that etitioner @a res ondent in Ci$il Case '' ( clai#edthereat that he had closed sho and was no lon&er in the taxica4 trans ortation4%siness, is clearl! warranted for whate$er le&al interest that co%ld ser$e as the 4asisfor an ad6%dication on the $alidit! of an order of dis#issal of an o osition to ana lication 4! res ondent Co##ission no lon&er exists. It wo%ld a ear then that thecase has 4eco#e #oot and acade#ic.

R E S / ? 7 T I / =

FER=A="/, 0 :

This certiorari and rohi4ition roceedin& arose fro# an order of res ondent 3%4licSer$ice Co##ission which dis#issed the o osition of etitioner to an a licationfiled 4! ri$ate res ondent ?eticia B. ?ocsin. The order reads as follows: LIt is anad#itted fact that the 4ase of o eration of the eneroso Villan%e$a Trans. Co., Inc.,re resented 4! Att!. /ca# o, is in Bacolod Cit! which is #ore or less '- *ilo#etersawa! fro# the ros ecti$e 4ase of o eration of the herein a lication of ?eticia ?ocsinwhich is Sila! Cit!. hile it is tr%e that the certificate of %4lic con$enience incl%desthe whole island of =e&ros as the territorial li#it within which the existin& o erator cano erate, !et it is e5%all! tr%e that an! taxi 4elon&in& to the existin& o erator can onl!&o to laces other than Bacolod Cit! if it has assen&ers. In other words, in the lacea lied for 4! ?eticia ?ocsin, no4od! is le&all! a%thori2ed to o erate. hile it #a! 4etr%e that the existin& o erator #a! re#otel! 4e affected 4! the existence of a new


7/7

o erator, the Co%rt o4ser$es s%ch an effect is $er! re#ote. To inter ret, the ri&ht of existin& o erator to o ose an! a lication filed within the territorial 4o%ndar!&ranted, far awa! as the lace is, wo%ld 4e stretchin& that ri&ht too far 4eca%se the

%4lic wo%ld certainl! 4e affected 4! the a4sence of o erator in that lace a lied for.herefore, it is the considered o inion of this Co%rt that the o osition of the existin&

o erator, re resented 4! Att!. /ca# o, 4ein& 4ased onl! in Bacolod Cit! which has adistance of '- *ilo#eters fro# the 4ase of o eration of herein a licant cannot le&all!4e entertained. If an existin& o erator is the holder of a certificate of %4lic

con$enience of 37B, wherein a fixed ro%te is rescri4ed and a ti#e sched%le iso4ser$ed, then the o osition 4! the existin& o erator is feasi4le. B%t the existin&o erator in this case is onl! a taxi o erator with a fixed 4ase in a certain localit!. In$iew thereof, the o osition is dis#issed. ?et this case roceed as %ncontested.L ' Itwas assailed on the &ro%nd of its ha$in& 4een rendered witho%t or in excess of the

6%risdiction of the now def%nct 3%4lic Ser$ice Co##ission or at the $er! least with&ra$e a4%se of discretion. The res ondents were re5%ired to file an answer. In thesa#e resol%tion, a reli#inar! in6%nction was iss%ed 4! this Co%rt. S%4se5%entl!, the

arties filed their res ecti$e #e#oranda and the case was s%4#itted for decision.

Then, on March ', '1 -, there was a #otion 4! ri$ate res ondent ?ocsin to dis#issthe etition: LThat in the etition for certiorari, rohi4ition with writ of reli#inar!in6%nction filed on 0an%ar! 1, '1 ( 4! eneroso Villan%e$a Trans ortation Co., Inc.,@ . V. Trans ortation for short a&ainst the ri$ate res ondent and the now def%nct3%4lic Ser$ice Co##ission, it is alle&ed: '. That etitioner . . . is a &rantee of acertificate of %4lic con$enience to o erate taxica4 ser$ice within the Cit! of Bacolodand fro# said lace to an! oint in the Island of =e&ros o en to #otor $ ehicle traffic . .. @ ar. ' 8 . That s%4se5%entl! and in Ci$il Case =o. '' ( entitled TeodoroBaldado, et al. etitioners $. eneroso Villan%e$a Trans ortation Co., Inc., et al.,res ondents, etitioners therein who were taxica4 dri$ers and #echanics of thetaxica4s of the . V. Trans ortation filed a case for Manda#%s a&ainst said co# an!alle&in& that it ille&all! dis#issed etitioners therein fro# their e# lo!#ent8 G. That inits answer to the etition, said trans ortation co# an! alle&ed that it had closed shoand was no lon&er in the taxica4 trans ortation 4%siness since A ril G, '1 8 . Thatthese facts are e$idenced 4! the order dated 0%ne ), '1 in said Ci$il Case =o.'' ( iss%ed 4! the Co%rt of First Instance of =e&ros /ccidental, with a co ! of theorder attached. 8 -. That as a #atter of fact none of the taxica4 %nits of etitioner herein ha$e 4een #a*in& tri s confor#a4l! with the certificate iss%ed in its fa$or 4!the def%nct 3%4lic Ser$ice Co##ission 4eca%se, as #a! 4e &athered fro# thecontents of the order Annex A , all the taxica4 dri$ers and #echanics of herein

etitioner were dis#issed 4! the latter 4eca%se it sto ed or sh%t down their 4%siness. . . and 4eca%se of the clos%re of the 4%siness of the res ondent since A ril G,'1 . . . @ . , Annex A 8 J. That it is e$ident fro# the a4o$e that etitioner has nolon&er an! le&al interest in the resent case 4eca%se its etition is 4ased on the

re#ise that it is a &rantee of a certificate of %4lic con$enience to en&a&e in thetaxica4 4%siness in =e&ros /ccidental 4%t it has closed and a4andoned its taxica44%siness since A ril G, '1 .L The etitioner was re5%ired to co##ent, and it did so.There was no denial that as set forth in the #otion to dis#iss, it alle&ed that it was nolon&er in the taxica4 trans ortation 4%siness as of A ril G, '1 . It wo%ld howe$er see* to esca e fro# the le&al effects of s%ch an ad#ission well+ni&h concl%si$e innat%re 4! the alle&ation that it co%ld 4e constr%ed #erel! as its res onse to a la4or dis %te ossi4l! as a #eans of extricatin& itself fro# ossi4le financial lia4ilit!. 7nder the circ%#stances, the #otion to dis#iss is #ore than clearl! warranted for whate$er

le&al interest that co%ld ser$e as the 4asis for an ad6%dication on the $alidit! of anorder of dis#issal of an o osition to an a lication 4! res ondent 3%4lic Ser$iceCo##ission no lon&er exists. It wo%ld a ear then that the case has 4eco#e #ootand acade#ic.

HEREF/RE, this etition for certiorari and rohi4ition is dis#issed for 4ein& #ootand acade#ic. The reli#inar! in6%nction iss%ed 4! this Co%rt on 0an%ar! ), '1 ( islifted and is no lon&er of an! force or effect.

@ eneroso Villan%e$a Trans. Co., Inc. $. ?ocsin, .R. =o. ?+G' J(, 0%l! -, '1 -

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