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(SUCH IS THE NATURE OF “ESTATE OF THE DECEASED”. Before its final “execution” in a
will or the termination of its “administration”, it partakes of a dynamic
character, enabling it to grow by virtue of sound management by a succession of
its administrators or tenants or their voluntary counterparts, or a windfall may
come from nowhere to enrich it more. Or that due to bad management, the estate is
dissipated; but if there is a showing of fraud or bad faith, the administrator,
trustee or tenant, voluntary or not, he alone becomes responsible; and like in
agency and as implied trustee, his gains in using the name and body of the estate
redound not to him but always to the estate, while he alone suffers, and shall be
prosecuted for the loss and damage he incurred and voluntarily committed.--Adapted
from varied legal definitions given to “estate of the deceased” by Black’s Law
Dictionary,) IN THIS CONNECTION: THE 50,000 HAS. LANDS IN QUEZON, RIZAL AND LAGUNA
could not have been validly acquired by Green Square Properties Corporation from
any supposed seller it transacted that only misrepresented the San Pedro estate.
(Pls. see G.R. No. 139274, Oct. 2001.) The original Tax Declaration issued in
favor of the heirs of Don Mariano San Pedro is, and remains, valid. WE MUST BEAR
IN MIND that such Tax Declaration for the 50,000 has. property in Quezon Rizal and
Laguna provinces are in the name of Heirs of Don Mariano E. San Pedro. They are
here alive, judicially confirmed as “next of kin” and “true legal heirs” of Don
Mariano, and vested with power to succeed the deceased and to administer the San
Pedro estate. NOW THAT THE PROVINCIAL GOVERNMENT OF QUEZON received mandate from
Hon. Supreme Court in refusing to honor tax payments by Green Square, the real,
original and legal right and privilege of ownership remain with the said true
owners of the property, or of the San Pedro estate,—whose present institutional
judicial administrator is the Don Mariano E. San Pedro Foundation, Inc. THE
PROVINCIAL GOVERNMENT (in violation of the Constitutional right to property of the
judicially confirmed next of kin and true legal heirs of Don Mariano San Pedro)
cannot invalidate it now in the aftermath of the criminal sales transactions
between said fraudulent parties. THE FRAUDULENT ALLEGED-ADMINISTRATOR, who is
supposedly an officer of the Court, but does not have any legal mandate on record
(or whose mandate has expired on the date of sales-transaction with Green Square,
in August 1996), together with the Hon. Court who approved the transaction, must
bear full responsibility of the criminal act of large-scale estafa. (The legal San
Pedro estate, much less the San Pedro Foundation—being the institutional judicial
administrator, is innocent and clean on this sales-transaction, they are the
victims here, and should not be visited by the effects of guilt of fraudulent
parties in the said criminal sales-transaction.) FOR ITS PART, GREEN SQUARE, a
company involved in realty business as it is, if it is not a colluding co-
conspirator in the criminal transaction, must have exercised caution and should
always bear in mind the adage of “Caveat emptor”, even as (particularly) because
of its greed, it chose not to transact with the rightful owner, Don Alejandro P.
San Pedro, Sr., who, at the right time, had just been determined as next of kin
and true legal heir of Don Mariano E. San Pedro, in addition to being appointed by
the jurisdictional and fact-finding Hon. Court as the new Special Administrator of
the “estate of Don Mariano E. San Pedro”. (Pls. see Bulacan RTC, Br. 15, Spec.
Proc. Case No. 312-B, Pres. Judge Carlos Ofilada, Court Order, dated Jan. 31,
1996, with bond posted, and issued Letters of Special Administration dated April
15, 1996. Pls. compare said dates with Green Square’s date of fraudulent-
acquisition--August 1996, allegedly from the “estate of Don Mariano E. San
Pedro”.)
Arturo D. San Pedro, Chairman/President, Don Mariano E. San Pedro Foundation,
Inc., Mobile 09207355333, Tel. no. 632-8397014, No. 35 Guerrero/Jones St., Brgy.
Wawa, Taguig City, Philippines 1636