Issue 1: WHETHER OR NOT THE AWARD IN FAVOR OF THE HEIRS OF THE LATE RAYMOND TRIVIERE IS ALREADY A DISTRIBUTION OF THE RESIDUE OFTHE ESTATE. YES Issue 2: WHETHER OR NOT THE AWARD OF ATTORNEY'S FEES IN FAVOR OF THE COADMINISTRATORS SHOULD HAVE BEEN NULLIFIED YES Ratio 1: While the awards in favor of petitioner children and widow made in the RTC Order dated 12 June 2003 was not yet a distribution of the residue of the estate, given that there was still a pending claim against the estate, still, they did constitute a partial and advance distribution of the estate. Virtually, the petitioner children and widow were already being awarded shares in the estate, although not all of its obligations had been paid or provided for. In sum, although it is within the discretion of the RTC whether or not to permit the advance distribution of the estate, its exercise of such discretion should be qualified by the following: (1) only part of the estate that is not affected by any pending controversy or appeal may be the subject of advance distribution(Section 2, Rule 109); and (2) the distributees must post a bond, fixed by the court, conditioned for the payment of outstanding obligations of the estate(second paragraph of Section 1, Rule 90). There is no showing that the RTC, in awarding to the petitioner children and widow their shares in the estate prior to the settlement of all its obligations, complied with these two requirements or, at the very least, took the same into consideration. Its Order of 12 June 2003 is completely silent on these matters. It justified its grant of the award in a single sentence which stated that petitioner children
2 DE LA CERNA SPECPRO DIGESTS 2011 and widow had not yet received their respective shares from the estate after all these years. Taking into account that the claim of LCN against the estate of the late Raymond Triviere allegedly amounted to P6,016,570.65, already in excess of the P4,738,558.63 reported total value of the estate, the RTC should have been more prudent in approving the advance distribution of the same. Hence, the Court does not find that the Court of Appeals erred in disallowing the advance award of shares by the RTC to petitioner children and widow of the late Raymond Triviere. AMIN | CHA | JANZ | KRIZEL | VIEN anymore as co-administrator),representing and performing legal services for the Triviere children in thesettlement of the estate of their deceased father
Ratio 2: Nothing in the records, however, reveals that any one of the lawyers of Quasha Law Office was indeed a substitute administrator for Atty. Quasha upon his death. The court has jurisdiction to appoint an administrator of an estate by granting letters of administration to a person not otherwise disqualified or incompetent to serve as such, following the procedure laid down in Section 6,Rule 78 of the Rules of Court. Corollary thereto, Section 2, Rule 82 of the Rules of Court provides in clear and unequivocal terms the modes for replacing an administrator of an estate upon the death of an administrator, to wit: Section 2. Court may remove or accept resignation of executor or administrator. Proceedings upon death , resignation, or removal . When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him If there is no remaining executor or administrator, administration may be granted to any suitable person. The records of the case are wanting in evidence that Quasha Law Office or any of its lawyers substituted Atty. Quasha as co-administrator of the estate. None of the documents attached pertain to the issuance of letters of administration to petitioner Quasha Law Office or any of its lawyers at any time after the demise of Atty. Quasha in 1996. This Court is thus inclined to give credence to petitioner's contention that while it rendered legal services for the settlement of the estate of Raymond Triviere since the time of Atty. Quasha's death in 1996, it did not serve as coadministrator thereof, granting that it was never even issued letters of administration. The attorney's fees, therefore, cannot be covered by the prohibition in the third paragraph of Section 7, Rule 85 of the Revised Rules of Court against an attorney, to charge against the estate professional fees for legal services rendered by them. However, while petitioner Quasha Law Office, serving as counsel of the Triviere children from the time of death of Atty. Quasha in 1996, is entitled to attorney's fees and litigation expenses of P100,000.00 as prayed for in the Motion for Payment dated 3 September 2002, and as awarded by the RTC in its 12 June2003 Order, the same may be collected from the shares of the Triviere children, upon final distribution of the estate, in consideration of the fact that the Quasha Law Office, indeed, served as counsel (not
4 DE LA CERNA SPECPRO DIGESTS 2011 motion of the administratrix dated May 4, 1961 for the delivery to her of certain parcels of land and it directed that the heirs of Gelacio Sebial, who are in possession of the parcels of land should deliver those properties to the administratrix and should not disturb her in her possession and administration of the same. The lower court denied the oppositors' motion dated November 20, 1961 for "revision of partition". Oppositors moved for the reconsideration of the two orders on the grounds (1) that the court had no jurisdiction to approve an inventory filed beyond the three-month period fixed in section 1, Rule 84 of the Rules of Court; (2) that the said inventory is not supported by any documentary evidence because there is no tax declaration at all in Gelacio Sebial's name; (3) that the two houses mentioned in the inventory were nonexistent because they were demolished by the Japanese soldiers in 1943 and the materials thereof were appropriated by the administratrix and her brothers and sisters; (4) that the valuation of P17,000 indicated in the inventory was fake, fictitious and fantastic since the total value of the seven parcels of land amounted only to P3,080; (5) that Gelacio Sebial's estate should be settled summarily because of its small value as provided in section 2, Rule 74 of the Rules of Court and (6) that an ordinary action is necessary to recover the lands in the possession of third persons. The oppositors without awaiting the resolution of their motion for reconsideration filed a notice of appeal from the two orders. The notice of appeal was filed "without prejudice to the motion for reconsideration Lower Court: denied oppositors' motion for reconsideration. It approved Roberta Sebial's amended record on appeal. The case was elevated to the Court of Appeals. The Court of Appeals in its resolution certified the case to this Court Issue/Held: (1) What is the proper construction to be given to section 2, Rule 74 and section 1, Rule 84 (now Rule 83) of the Rules of Court IT IS NOT MANDATORY (2) whether an ordinary civil action for recovery of property and not an administration proceeding is the proper remedy, considering oppositors' allegation that the estate of Gelacio Sebial was partitioned in 1945 and that some of his heirs had already sold their respective shares Ratio: Oppositors' contention in their motion for reconsideration (not in their brief) that the probate court had no jurisdiction to approve the inventory dated November 17, 1961 because the administratrix filed it after three months from the date of her appointment is not well-taken. The three-month period prescribed in section 1, Rule 83 (formerly Rule 84) of the Rules of Court is not mandatory. After the filing of a petition for the issuance of letters of administration and the publication of the notice of hearing, the proper Court of First Instance acquires jurisdiction over a decedent's estate and retains that jurisdiction until the proceeding is closed. The fact that an inventory was filed after the three-month period would not deprive the probate court of jurisdiction to approve it. However, an administrator's unexplained delay in filing the inventory may be a ground for his removal (Sec. 2, Rule 82, Rules of Court). The other contention of the oppositors that inasmuch as the value of the decedent's estate is less than five thousand pesos and he had no debts, the estate could be settled summarily under section 2, Rule 74 of the Rules of Court or that an AMIN | CHA | JANZ | KRIZEL | VIEN administration proceeding was not necessary (the limit of six thousand pesos was increased to ten thousand pesos in section 2, Rule 74 effective on January 1, 1964) rests on a controversial basis. While in the verified petition for the issuance of letters of administration, it was alleged that the gross value of the decedent's estate was "not more than five thousand pesos", in the amended inventory the valuation was P17,000. Indeed, one of the lower court's omissions was its failure to ascertain by preponderance of evidence the actual value of the estate, if there was still an estate to be administered. The approval of the amended inventory was not such a determination. Anyway, in the present posture of the proceeding, no useful purpose would be served by dismissing the petition herein and ordering that a new petition for summary settlement be filed. Inasmuch as a regular administrator had been appointed and a notice to creditors had been issued and no claims were filed, the probate court could still proceed summarily and expeditiously to terminate the proceeding. With the cooperation of the lawyers of the parties, it should strive to effect an amicable settlement of the case (See arts. 222 and 2029, Civil Code). If the efforts to arrive at an amicable settlement prove fruitless, then the probate court should ascertain what assets constituted the estate of Gelacio Sebial, what happened to those assets and whether the children of the second marriage (the petitioner was a child of the second marriage and the principal oppositor was a child of first marriage) could still have a share, howsoever small, in the decedent's estate. The lower court's order of approving the amended inventory of November 11, 1961, is not a conclusive determination of what assets constituted the decedent's estate and of the valuations thereof. Such a determination is only provisional in character and is without prejudice to a judgment in a separate action on the issue of title or ownership (3 Moran's Comments on the Rules of Court, 1970 Ed., 448-449). The other order dated December 11, 1961 requires the delivery to the administratrix of (1) two parcels of land covered by Tax Declarations Nos. 04491 and 04493 in the possession of the spouses Lazaro Recuelo and Roberta Sebial, an oppositor-appellant; (2) the parcel of land covered by Tax Declaration No. 04490 in the possession of Lorenzo Rematado and (3) the parcel of land described under Tax Declaration No. 04478 in the possession of Demetrio Camillo (Canillo), a child of the deceased Balbina Sebial, one of the three children of the first marriage. We hold that the said order is erroneous and should be set aside because the probate court failed to receive evidence as to the ownership of the said parcels of land. The general rule is that questions of title to property cannot be passed upon in a testate or intestate proceeding. However, when the parties are all heirs of the decedent, it is optional upon them to submit to the probate court the question of title to property and, when so submitted, the probate court may definitely pass judgment thereon Lorenzo Rematado and Lazaro Recuelo are not heirs of the decedent. They are third persons. The rule is that matters affecting property under administration may be taken cognizance of by the probate court in the course of the intestate proceedings provided that the interests of third persons are not prejudiced (Cunanan vs. Amparo, 80 Phil. 227) However, third persons to whom the decedent's assets had been fraudulently conveyed may be cited to appear in court and be examined under oath as to how
5 DE LA CERNA SPECPRO DIGESTS 2011 they came into the possession of the decedent's assets (Sec. 6, Rule 87, Rules of Court) but a separate action would be necessary to recover the said assets (Chanco vs. Madrilejos, 12 Phil. 543; Guanco vs. Philippine National Bank, 54 Phil. 244). The probate court should receive evidence on the discordant contentions of the parties as to the assets of decedent's estate, the valuations thereof and the rights of the transferees of some of the assets. The issue of prescription should also be considered . Generally prescription does not run in favor of a coheir as long as he expressly or impliedly recognizes the coownership (Art. 494, Civil Code).1wph1.t But from the moment that a coheir claims absolute and exclusive ownership of the hereditary properties and denies the others any share therein, the question involved is no longer one of partition but that of ownership (Bargayo vs. Camumot, 40 Phil. 857). At the hearing of the petition for letters of administration some evidence was already introduced on the assets constituting the estate of Gelacio Sebial. After receiving evidence, the probate court should decide once and for all whether there are still any assets of the estate that can be partitioned and, if so, to effect the requisite partition and distribution. If the estate has no more assets and if a partition had really been made or the action to recover the lands transferred to third person had prescribed, it should dismiss the intestate proceeding. AMIN | CHA | JANZ | KRIZEL | VIEN
Separate Opinions BARREDO, J., concurring: Concurs considering the small value of the estate herein involved.
7 DE LA CERNA SPECPRO DIGESTS 2011 in the same court wherein the plaintiffs intervened as claimants/oppositors. Therefore, the court ruled that the 2nd case is unnecessary for the questions raised therein can be threshed out in the testate proceedings UNTENABLE While it is true that probate courts have jurisdiction to determine claims involving title to, or right of possession of, properties made by heirs or other interested parties, such determination is merely for the purpose of inclusion in, or exclusion from, the inventory of the properties composing the estate of the deceased. This determination is ONLY PRIMA FACIE, not final or ultimate in nature, and is without prejudice to the rights of the interested parties to raise the question of ownership in a proper action Claims other than for money, debt or interest in the estate of the deceased cannot be presented in the testate or intestate proceedings. Thus, claims for title to, or the right of possession of, personal or real property, made by the heirs themselves, by title adverse to that of the deceased, or that made by third persons, cannot be entertained by the probate court. ONLY for the purpose of inclusion in or exclusion from the inventory of the deceaseds estate may the probate court pass upon a question of title on real or personal property, BUT this is without prejudice to a final, separate action for the determination of the question of title. There is, therefore, no reason why the action for reconveyance of ownership and possession of the real properties in question cannot be maintained simply because the plaintiffs also appeared as claimants/oppositors in the testate proceedings of A. The appearance in the probate court is merely a precautionary measure on the part of plaintiffs. It is but an assertion of their right to some of the properties which have been included in the inventory as As property The jurisdiction of a probate court is limited in character for it cannot definitively pass upon a question of title or ownership even if the property has been included in the inventory. This matter should be threshed out in a separate action. As to the improper venue (2nd ground for dismissal), the fact that the action was brought before the CFI Manila is proper albeit most of the subject property are situated elsewhere (i.e. CamSur and Marinduque). Under Sec. 3, Rule 5 of the Rules of Court, an action affecting title to real property may be commenced in any province where the property or any part thereof lies. Admittedly, a portion of the estate in litigation is located in Manila. THE COMPLAINT, THOUGH, SUFFERS FROM ONE MINOR DEFECT. Since the executrix (Vda. de Madrigal) is now in possession of the estate in litigation, she should have been included as party defendant in that capacity, i.e. as executrix AMIN | CHA | JANZ | KRIZEL | VIEN
DISPOSITIF: The order appealed from is SET ASIDE, with costs against appellees. Appellants, however, are directed to amend the complaint so as to include the executrix of the estate as party defendant. So ordered.
9 DE LA CERNA SPECPRO DIGESTS 2011 o the judge appointed a receiver after both parties had presented their evidence and upon verified petition filed by respondents, and in order to preserve the properties under litigation. MR denied. 1994 - Petitioners filed this Petition seeking the reversal of the CA Decision and, consequently, the nullification of the 3rd Partial Decision and orders of the trial court in the Civil Case - CA decided questions of substance not in accord with law when it upheld the trial courts Third Partial Decision which was rendered in violation of their rights to due process. (G.R. No. 114217 1st Petition) 1996 - Rosita filed a Motion for Payment of Widows Allowance. o The properties of the estate were found by the trial court to be their conjugal properties. From 1971 until the filing of the motion, She was not given any widows allowance as provided in Sec. 3, Rule 83 by the parties in possession and control of her husbands estate, or her share in the conjugal partnership. Petitioners Sec. 3, Rule 83 of the Rules of Court specifically provides that the same is granted only "during the settlement of the estate" of the decedent, and this allowance, under Art. 188 CC (now Art. 133 FC, shall be taken from the "common mass of property" during the liquidation of the inventoried properties. Considering that the case is a special civil action for partition under Rule 69, Rosita is not entitled to widows allowance. SC granted the Motion for Payment of Widows Allowance and ordered petitioners jointly and severally to pay Rosita P25k as the widows allowance to be taken from the estate of Sy Bang, effective 1996 and every month thereafter until the estate is finally settled or until further orders. Petitioners informed the SC that Rosita and Enrique had executed a waiver of past, present and future claims against them and, thus, should be dropped as parties to the case. Attached thereto was a Sinumpaang Salaysay wherein Rosita and Enrique stated that they were given P1M and a parcel of land, for which reason they were withdrawing as plaintiffs in the Civil Case. Respondents Counter-Manifestation and Opposition (except Enrique) - it would be ridiculous for Rosita to give up her share in Sy Bangs estate, amounting to hundreds of millions of pesos, which had already been ordered partitioned by the trial court, to the prejudice of her seven full-blooded children. They alleged that Rosita was not in possession of her full faculties when she affixed her thumbmark on the Sinumpaang Salaysay considering her age, her frequent illness, and her lack of ability to read or write. Hence, they filed a petition before the RTC of Lucena City for guardianship over her person and properties. They claim that Rosita has never received a single centavo of the P1 million allegedly given her. Petitioners countered since the document was duly notarized, it was a public document and presumed valid. They, likewise, alleged that the CounterManifestation was filed without Rositas authorization as, in fact, she had written her counsel with instructions to withdraw said pleading. They presented a copy of a sworn certification from Rositas physician that "Rosita is physically fit and mentally competent to attend to her personal or business transactions." Petitioners MR of SC Resolution - Rosita and Enrique executed their Sinumpaang Salaysay. SC was not aware of this development when it issued the resolution. Respondents - Rosita thumbmarked the Sinumpaang Salaysay without understanding the contents of the document or the implications of her acts. Tried to AMIN | CHA | JANZ | KRIZEL | VIEN demonstrate that their mother would thumbmark any document that their children asked her to by exhibiting four documents each denominated as Sinumpaang Salaysay and thumbmarked by Rosita. SC denied the MR. Respondents filed a Joint Petition for the Guardianship of the Incompetent Rosita before the RTC of Lucena City. 1997 - Rosauro, who sought to be named as the special guardian, filed before the Guardianship court a Motion to Order Court Deposit of Widows Allowance Ordered by the SC. Then, he filed a Motion before SC seeking an Order for petitioners to pay Rosita P2,150,000 in widows allowance and P25,000.00 every month thereafter. He also prayed for petitioners imprisonment should they fail to comply therewith. The Guardianship court issued an Order directing the petitioners to deposit to SC, jointly and severally, the amount of P250,000.00 and additional amount of P25,000.00 per month and every month thereafter. Rosauro, the appointed guardian, then asked the Guardianship court to issue a writ of execution. Petitioners filed a Petition for Certiorari with the CA to annul the Orders of the Guardianship court. 2001 CA ruled in respondents favour and denied the petition. Petitioners filed this Petition for Review praying for this Court to reverse the CAs Decision and to declare the Guardianship court to have exceeded its jurisdiction in directing the deposit of the widows allowance. (G.R. No. 150797 2nd Petition) o The Guardianship courts jurisdiction is limited to determining whether Rosita was incompetent and, upon finding in the affirmative, appointing a guardian. o under Rule 83, Sec. 3, a widows allowance can only be paid in an estate proceeding. Even if the complaint for partition were to be considered as estate proceedings, only the trial court hearing the partition case had the exclusive jurisdiction to execute the payment of the widows allowance. 2002 SC resolved to consolidate the two petitions. 2003 - Pending the issuance of this Courts Decision in the two cases, Rosauro filed a Motion to Order Deposit in Court the Widows Allowance and Upon Failure of Petitioners to Comply Therewith to Order Their Imprisonment Until Compliance. o his mother had been ill and had no means to support herself except through his financial assistance, and that respondents had not complied with the Courts promulgated seven years earlier. He argued that respondents defiance constituted indirect contempt of court. That the Guardianship court had found them guilty of indirect contempt did not help his mother because she was still unable to collect her widows allowance. Petitioners - the estate from which the widows allowance is to be taken has not been settled. They also reiterated that Rosita, together with son Enrique, had executed a Sinumpaang Salaysay waiving all claims against petitioners. 2005 SC granted Rosauros Motion - that petitioners s guilty of contempt and collective sentenced to pay a fine (10% of the amount) and ordered their immediate imprisonment until they shall have complied with said Resolution by paying Rosita P2,600,100 plus 6%. Iluminada, Zenaida and Ma. Emma paid the court fine. Respondents (except Rosauro who had died), filed a Motion for Execution before SC.
10 DE LA CERNA SPECPRO DIGESTS 2011 Rosa filed a MR with Prayer for Clarification - in accordance with Chinese culture, she had no participation in the management of the family business or Sy Bangs estate. After her husbands death, she allegedly inherited nothing but debts and liabilities, and, having no income of her own, was now in a quandary on how these can be paid. Other petitioners (Iluminada, Zenaida and Ma. Emma) also filed a MR Motion for Reconsideration with Prayer for Clarification - the P1 million and the piece of land Rosita had already received should form part of the widows allowance. Whatever allowance Rosita may be entitled to should come from the estate of Sy Bang. They further argued the unfairness of being made to pay the allowance when none of them participated in the management of Sy Bangs estate; Zen aida and Ma. Emma being minors, while Iluminada and Rosa had no significant role in the family business. SC issued a Resolution granting respondents motion for execution of the Resolution and denying petitioners MR. SC issued a Warrant of Arrest against petitioners and directed the NBI to detain them until they complied with the Resolutions. 2006 SC issued a Resolution lifting the warrant of arrest on the condition that they issue the corresponding checks to settle the accrued widows allowance. Petitioners (Iluminada, Zenaida and Ma. Emma) filed a Motion to include Rosalino, Bartolome , Rolando, and Heirs of Enrique as Likewise Liable for the Payment of Widows Allowance as Heirs of Sy Bang as they may also hold Assets-Properties of the Estate of Sy Bang. AMIN | CHA | JANZ | KRIZEL | VIEN Catapusan v. CA - In actions for partition, the court cannot properly issue an order to divide the property, unless it first makes a determination as to the existence of coownership. The court must initially settle the issue of ownership, the first stage in an action for partition. Needless to state, an action for partition will not lie if the claimant has no rightful interest over the subject property. In fact, Section 1 of Rule 69 requires the party filing the action to state in his complaint the "nature and extent of his title" to the real estate. Until and unless the issue of ownership is definitely resolved, it would be premature to effect a partition of the properties the 3rd Partial Decision does not have the effect of terminating the proceedings for partition. By its very nature, the Decision is but a determination based on the evidence presented thus far. There remained issues to be resolved by the court. Only after the full extent of the Sy Bang estate has been determined can the trial court finally order the partition of each of the heirs share. WON the Appointment of Receiver proper. YES CA conclusively found that the petitioners were never deprived of their day in court. Moreover, evidence on record shows that respondent Judge appointed the receiver after both parties have presented their evidence and after the Third Partial Decision has been promulgated. Such appointment was made upon verified petition of herein private respondents, alleging that petitioners are mismanaging the properties in litigation by either mortgaging or disposing the same, hence, the said properties are in danger of being lost, wasted, dissipated, misused, or disposed of. The respondent Judge acted correctly in granting the appointment of a receiver in Civil Case No. 8578, in order to preserve the properties in litis pendentia and neither did he abuse his discretion nor acted arbitrarily in doing s. On the contrary, We find that it was the petitioners who violated the status quo sought to be maintained by the SC, by their intrusion and unwarranted seizures of the 3 theaters, subject matter of the litigation, and which are admittedly under the exclusive management and operation of Rosauro Sy. WON the Cancellation of Notice of Lis Pendens was proper. YES The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently. As provided in Section 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) when the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded. This Court has interpreted the notice as: an incident in an action, an extrajudicial one, to be sure. It does not affect the merits thereof. It is intended merely to constructively advise, or warn, all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. The cancellation of such a precautionary notice is therefore also a mere incident in the action, and may be ordered by the Court having jurisdiction of it at any given time.
Issues/Held: G.R. No. 114217: WON the Third Partial Decision of the RTC is correct. YES The trial courts Third Partial Decision is in the nature of a several judgment as contemplated by Sec. 4, Rule 36. The trial court ruled on the status of the properties in the names of petitioners while deferring the ruling on the properties in the names of respondents pending the presentation of evidence. A several judgment is proper when the liability of each party is clearly separable and distinct from that of his co-parties, such that the claims against each of them could have been the subject of separate suits, and judgment for or against one of them will not necessarily affect the other. Petitioners, although sued collectively, each held a separate and separable interest in the properties of the Sy Bang estate. However, notwithstanding the trial courts pronouncement, the Sy Bang estate cannot be partitioned or distributed until the final determination of the extent of the estate and only until it is shown that the obligations under Rule 90, Section 1 have been settled. In the settlement of estate proceedings, the distribution of the estate properties can only be made: (1) after all the debts, funeral charges, expenses of administration, allowance to the widow, and estate tax have been paid; or (2) before payment of said obligations only if the distributees or any of them gives a bond in a sum fixed by the court conditioned upon the payment of said obligations within such time as the court directs, or when provision is made to meet those obligations.
11 DE LA CERNA SPECPRO DIGESTS 2011 Rosalino, Bartolome and Rolando were able to prove that the notice was intended merely to molest and harass the owners of the property, some of whom were not parties to the case. It was also proven that the interest of Oscar, who caused the notice to be annotated, was only 1/14 of the assessed value of the property. Moreover, Rosalino, Bartolome and Rolando were ordered to post a bond to protect whatever rights or interest Oscar may have in the properties under litis pendentia. AMIN | CHA | JANZ | KRIZEL | VIEN evidence of guilt, neither on evidence establishing guilt beyond reasonable doubt, and definitely not on evidence establishing absolute certainty of guilt. Hence, until the marriage is finally declared void by the court, the same is presumed valid and Rosita is entitled to receive her widows allowance to be taken from the estate of Sy Bang. Motion to Include Rosalino Sy, Bartolome Sy, Rolando Sy, and Heirs of Enrique Sy as Likewise Liable for the Payment of Widows Allowance as Heirs of Sy Bang The widows allowance is chargeable to Sy Bangs estate. It must be stressed that the issue of whether the properties in the names of Rosalino, Bartolome, Rolando, and Enrique form part of Sy Bangs estate remains unsettled since this Petition questioning the trial courts 3rd Partial Decision has been pending. On the other hand, there has been a categorical pronouncement that petitioners are holding properties belonging to Sy Bangs estate. That the full extent of Sy Bangs estate has not yet been determined is no excuse from complying with this Courts order. Properties of the estate have been identified i.e., those in the names of petitioners thus, these properties should be made to answer for the widows allowance of Rosita. In any case, the amount Rosita receives for support, which exceeds the fruits or rents pertaining to her, will be deducted from her share of the estate. Decision: 1st Petition DENIED and 2nd Petition GRANTED.
G.R. No. 150797 WON the Guardianship court to have exceeded its jurisdiction in directing the deposit of the widows allowance in Special Proceedings No. 96-34. YES The court hearing the petition for guardianship had limited jurisdiction. It had no jurisdiction to enforce payment of the widows allowance ordered by this Court. The claim for widows allowance was made before the SC in a case that did not arise from the guardianship proceedings. The case subject of the SC petition is still pending before the RTC of Lucena City. Rule 83, Sec. 3 states: The widow and minor or incapacitated children of a deceased person, during the settlement of the estate, shall receive therefrom, under the direction of the court, such allowance as are provided by law. Art. 188 CC: From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. "The court" referred to in Rule 83, Sec. 3 is the court hearing the settlement of the estate. Also crystal clear is the provision of the law that the widows allowance is to be taken from the common mass of property forming part of the estate of the decedent. Thus it is the court hearing the settlement of the estate that should effect the payment of widows allowance considering that the properties of the estate are within its jurisdiction, to the exclusion of all other courts. This Court has held that the distribution of the residue of the estate of the deceased incompetent is a function pertaining properly, not to the guardianship proceedings, but to another proceeding in which the heirs are at liberty to initiate. Payment of Widows Allowance It has been 13 years since this Court ordered petitioners to pay Rosita her monthly widows allowance. Petitioners Iluminada, Zenaida and Ma. Emma have since fought tooth and nail against paying the said allowance, grudgingly complying only upon threat of incarceration. Then, they again argued against the grant of widows allowance after the DOJ issued its Resolution finding probable cause in the falsification charges against respondents. They contended that the criminal cases for falsification proved that Rosita is a mere common-law wife and not a "widow" and, therefore, not entitled to widows allowance. A finding of probable cause does not conclusively prove the charge of falsification against respondents. It is well-settled that a finding of probable cause needs to rest only on evidence showing that more likely than not a crime has been committed and was committed by the suspects. Probable cause need not be based on clear and convincing
69 Phil 1 (1939)
14 DE LA CERNA SPECPRO DIGESTS 2011 Issue: whether the probate court, after admitting the will to probate but before payment of the estates debts and obligations, has the authority: (1) to grant an allowance from the funds of the estate for the support of the testators grandchildren NO. (2) to order the release of the titles to certain heirs NO. (3) to grant possession of all properties of the estate to the executor of the will. Ratio: (1) On the matter of allowance, Section 3 of Rule 83 of the Revised Rules of Court provides: Sec. 3. Allowance to widow and family. - The widow and minor or incapacitated children of a deceased person, during the settlement of the estate, shall receive therefrom under the direction of the court, such allowance as are provided by law. Argument of petitioner: this provision only gives the widow and the minor or incapacitated children of the deceased the right to receive allowances for support during the settlement of estate proceedings. o the testators three granddaughters do not qualify for an allowance because they are not incapacitated and are no longer minors but of legal age, married and gainfully employed. o In addition, the provision expressly states children of the deceased which excludes the latters grandchildren. It is settled that allowances for support under Section 3 of Rule 83 should not be limited to the minor or incapacitated children of the deceased. Article 18813 of the Civil Code of the Philippines, the substantive law in force at the time of the testators death, provides that during the liquidation of the conjugal partnership, the deceaseds legitimate spouse and children, regardless of their age, civil status or gainful employment, are entitled to provisional support from the funds of the estate.14 The law is rooted on the fact that the right and duty to support, especially the right to education, subsist even beyond the age of majority.15 Be that as it may, grandchildren are not entitled to provisional support from the funds of the decedents estate. The law clearly limits the allowance to widow and children and does not extend it to the deceaseds grandchildren, regardless of their minority or incapacity. 16 It was error, therefore, for the appellate court to sustain the probate courts order granting an allowance to the grandchildren of the testator pending settlement of his estate. (2) An order releasing titles to properties of the estate amounts to an advance distribution of the estate which is allowed only under the following conditions: Sec. 2. Advance distribution in special proceedings. - Nothwithstanding a pending controversy or appeal in proceedings to settle the estate of a decedent, the court may, in its discretion and upon such terms as it may deem proper and just, permit that such part of the estate as may not be affected by the controversy or appeal be distributed among the heirs or legatees, upon compliance with the conditions set forth in Rule 90 of these Rules.17 And Rule 90 provides that: AMIN | CHA | JANZ | KRIZEL | VIEN Sec. 1. When order for distribution of residue made. - When the debts, funeral charges, and expenses of administration, the allowance to the widow, and inheritance tax, if any, chargeable to the estate in accordance with law, have been paid, the court, on the application of the executor or administrator, or of a person interested in the estate, and after hearing upon notice, shall assign the residue of the estate to the persons entitled to the same, naming them and the proportions, or parts, to which each is entitled, and such persons may demand and recover their respective shares from the executor or administrator, or any other person having the same in his possession. If there is a controversy before the court as to who are the lawful heirs of the deceased person or as to the distributive shares to which each person is entitled under the law, the controversy shall be heard and decided as in ordinary cases. No distribution shall be allowed until the payment of the obligations above-mentioned has been made or provided for, unless the distributees, or any of them, give a bond, in a sum to be fixed by the court, conditioned for the payment of said obligations within such time as the court directs. In settlement of estate proceedings, the distribution of the estate properties can only be made: (1) after all the debts, funeral charges, expenses of administration, allowance to the widow, and estate tax have been paid; or (2) before payment of said obligations only if the distributees or any of them gives a bond in a sum fixed by the court conditioned upon the payment of said obligations within such time as the court directs, or when provision is made to meet those obligations.19 In the case at bar, the probate court ordered the release of the titles to the Valle Verde property and the Blue Ridge apartments to the private respondents after the lapse of six months from the date of first publication of the notice to creditors. The questioned order speaks of notice to creditors, not payment of debts and obligations. Hilario Ruiz allegedly left no debts when he died but the taxes on his estate had not hitherto been paid, much less ascertained. The estate tax is one of those obligations that must be paid before distribution of the estate. If not yet paid, the rule requires that the distributees post a bond or make such provisions as to meet the said tax obligation in proportion to their respective shares in the inheritance.20 Notably, at the time the order was issued the properties of the estate had not yet been inventoried and appraised. It was also too early in the day for the probate court to order the release of the titles six months after admitting the will to probate. The intrinsic validity of Hilarios holographic will was controverted by petitioner before the probate court in his Reply to Montes Opposition to his motion for release of funds24 and his motion for reconsideration of the August 26, 1993 order of the said court.25 Therein, petitioner assailed the distributive shares of the devisees and legatees inasmuch as his fathers will included the estate of his mother and allegedly impaired his legitime as an intestate heir of his mother. The Rules provide that if there is a controversy as to who are the lawful heirs of the decedent and their distributive shares in his estate, the probate court shall proceed to hear and decide the same as in ordinary cases.26
15 DE LA CERNA SPECPRO DIGESTS 2011 (3) petitioner cannot correctly claim that the assailed order deprived him of his right to take possession of all the real and personal properties of the estate. The right of an executor or administrator to the possession and management of the real and personal properties of the deceased is not absolute and can only be exercised so long as it is necessary for the payment of the debts and expenses of administration, Section 3 of Rule 84 of the Revised Rules of Court explicitly provides: Sec. 3. Executor or administrator to retain whole estate to pay debts, and to administer estate not willed. - An executor or administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased so long as it is necessary for the payment of the debts and expenses for administration. When petitioner moved for further release of the funds deposited with the clerk of court, he had been previously granted by the probate court certain amounts for repair and maintenance expenses on the properties of the estate, and payment of the real estate taxes thereon. But petitioner moved again for the release of additional funds for the same reasons he previously cited. It was correct for the probate court to require him to submit an accounting of the necessary expenses for administration before releasing any further money in his favor. It was relevantly noted by the probate court that petitioner had deposited with it only a portion of the one-year rental income from the Valle Verde property. Petitioner did not deposit its succeeding rents after renewal of the lease.29 Neither did he render an accounting of such funds. Petitioner must be reminded that his right of ownership over the properties of his father is merely inchoate as long as the estate has not been fully settled and partitioned.30 As executor, he is a mere trustee of his fathers estate. The funds of the estate in his hands are trust funds and he is held to the duties and responsibilities of a trustee of the highest order.31 He cannot unilaterally assign to himself and possess all his parents properties and the fruits thereof without first submitting an inventory and appraisal of all real and personal properties of the deceased, rendering a true account of his administration, the expenses of administration, the amount of the obligations and estate tax, all of which are subject to a determination by the court as to their veracity, propriety and justness. AMIN | CHA | JANZ | KRIZEL | VIEN
Silverio v. CA
Velsco, Jr. J.: Nature: Petition for Review on Certiorari under Rule 65 Quickie: Son succeeded in removing dad as administrator. Nelia (dunno who she is, kabit ni dad?) opposed and was ultimately asked by the courts to vacate the forbes park house (concubinage?). Nelia appealed (the omnibus order to vacate and the other order to sell the properties. The denial of due course by the RTC of Nelias appeal was based on two (2) grounds: (1) that Nelia Silverio-Dees appeal was against an order denying a motion for reconsideration which is disallowed under Sec. 1(a), Rule 41 of the Rules of Court; and (2) that Nelia Silverio-Dees Record on Appeal was filed beyond the reglementary period to file an appeal provided under Sec. 3 of Rule 41. SC said that here, the purported authority of Nelia Silverio-Dee, which she allegedly secured from Ricardo Silverio, Sr., was never approved by the probate court. She, therefore, never had any real interest in the specific property located at No. 3 Intsia Road, Forbes Park, Makati City. As such, the May 31, 2005 Order of the RTC must be considered as interlocutory and, therefore, not subject to an appeal. Facts: The instant controversy stemmed from the settlement of estate of the deceased Beatriz Silverio. After her death, her surviving spouse, Ricardo Silverio, Sr., filed an intestate proceeding for the settlement of her estate. During the pendency of the case, Ricardo Silverio, Jr. filed a petition to remove Ricardo C. Silverio, Sr. as the administrator of the subject estate. Edmundo S. Silverio also filed a comment/opposition for the removal of Ricardo C. Silverio, Sr. as administrator of the estate and for the appointment of a new administrator. RTC issued an Order granting the petition and removing Ricardo Silverio, Sr. as administrator of the estate, while appointing Ricardo Silverio, Jr. as the new administrator. Nelia S. Silverio-Dee filed a Motion for Reconsideration Ricardo Silverio Jr. filed an Urgent Motion for an Order Prohibiting Any Person to Occupy/Stay/Use Real Estate Properties Involved in the Intestate Estate of the Late Beatriz Silverio, Without Authority from this Honorable Court. RTC issued an Omnibus Order affirming its Order and denying private respondents motion for reconsideration. In the Omnibus Order, the RTC also authorized Ricardo Silverio, Jr. to, upon receipt of the order, immediately exercise his duties as administrator of the subject estate. The Omnibus Order also directed Nelia S. Silverio-Dee to vacate the property at No. 3, Intsia, Forbes Park, Makati City within fifteen (15) days from receipt of the order. Nelia Silverio-Dee received a copy of the Omnibus Order dated May 31, 2005 on June 8, 2005. private respondent filed a Motion for Reconsideration of the Omnibus Order. This was later denied by the RTC
Issue/Held: WON the Omnibus Order and the Order dated December 12, 2005 are Interlocutory Orders which are not subject to appeal under Sec. 1 of Rule 41;- YES Ratio: The denial of due course by the RTC was based on two (2) grounds: (1) that Nelia Silverio-Dees appeal was against an order denying a motion for reconsideration which is disallowed under Sec. 1(a), Rule 41 of the Rules of Court; and (2) that Nelia Silverio-Dees Record on Appeal was filed beyond the reglementary period to file an appeal provided under Sec. 3 of Rule 41. Sec. 1(a), Rule 41 of the Rules of Court provides: RULE 41: APPEAL FROM THE REGIONAL TRIAL COURTS SECTION 1. Subject of appeal.An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. No appeal may be taken from: An order denying a motion for new trial or reconsideration;
17 xxxx In all the above instances where the judgment or final order is not appealable, the aggrieved party may file an appropriate special civil action under Rule 65. The rationale behind the rule proscribing the remedy of appeal from an interlocutory order is to prevent undue delay, useless appeals and undue inconvenience to the appealing party by having to assail orders as they are promulgated by the court, when they can be contested in a single appeal. The appropriate remedy is thus for the party to wait for the final judgment or order and assign such interlocutory order as an error of the court on appeal. The denial of the motion for reconsideration of an order of dismissal of a complaint is not an interlocutory order, however, but a final order as it puts an end to the particular matter resolved, or settles definitely the matter therein disposed of, and nothing is left for the trial court to do other than to execute the order. Not being an interlocutory order, an order denying a motion for reconsideration of an order of dismissal of a complaint is effectively an appeal of the order of dismissal itself. The reference by petitioner, in his notice of appeal, to the March 12, 1999 Order denying his Omnibus MotionMotion for Reconsideration should thus be deemed to refer to the January 17, 1999 Order which declared him non-suited and accordingly dismissed his complaint. If the proscription against appealing an order denying a motion for reconsideration is applied to any order, then there would have been no need to specifically mention in both above-quoted sections of the Rules "final orders or judgments" as subject to appeal. In other words, from the entire provisions of Rule 39 and 41, there can be no mistaking that what is proscribed is to appeal from a denial of a motion for reconsideration of an interlocutory order. Thus, the question posed is whether the Omnibus Order dated May 31, 2005 is an interlocutory order. On this aspect, the CA ruled that the Omnibus Order dated May 31, 2005 was a final order, to wit: We note that the Order, dated December 12, 2005, is an offshoot of the Omnibus Order, dated May 31, 2005. In the Omnibus Order, the court a quo ruled that the petitioner, as an heir of the late Beatriz S. Silverio, had no right to use and occupy the property in question despite authority given to her by Ricardo Silverio, Sr. when it said, thus: x x x In the first place, Nelia S. Silverio-Dee cannot occupy the property in Intsia, Forbes Park, admittedly belonging to the conjugal estate and subject to their proceedings without authority of the Court. Based on the pretenses of Nelia SilverioDee in her memorandum, it is clear that she would use and maintain the premises in the concept of a distributee. Under her perception, Section 1 Rule 90 of the Revised Rules of Court is violated. x x x xxxx For the property at Intsia, Forbes Park cannot be occupied or appropriated by, nor distributed to Nelia S. Silverio-Dee, since no distribution shall be allowed until the payment of the obligations mentioned in the aforestated Rule is made. In fact, the said property may still be sold to pay the taxes and/or other obligations owned by the estate, which will be difficult to do if she is allowed to stay in the property. DE LA CERNA SPECPRO DIGESTS 2011 AMIN | CHA | JANZ | KRIZEL | VIEN Moreover, the alleged authority given by SILVERIO, SR. for Nelia S. Silverio-Dee to occupy the property dated May 4, 2004, assuming it is not even antedated as alleged by SILVERIO, JR., is null and void since the possession of estate property can only be given to a purported heir by virtue of an Order from this Court (see Sec. 1 Rule 90, supra; and Sec. 2 Rule 84, Revised Rules of Court). In fact, the Executor or Administrator shall have the right to the possession and management of the real as well as the personal estate of the deceased only when it is necessary for the payment of the debts and expenses of administration (See Sec. 3 Rule 84, Revised Rules of Court). With this in mind, it is without an iota of doubt that the possession by Nelia S. Silverio-Dee of the property in question has absolutely no legal basis considering that her occupancy cannot pay the debts and expenses of administration, not to mention the fact that it will also disturb the right of the new Administrator to possess and manage the property for the purpose of settling the estates legitimate obligations. In the belated Memorandum of Nelia Silverio-Dee, she enclosed a statement of the expenses she incurred pertaining to the house renovation covering the period from May 26, 2004 to February 28, 2005 in the total amount of Php12,434,749.55, which supports this Courts conclusion that she is already the final distributee of the property. Repairs of such magnitude require notice, hearing of the parties and approval of the Court under the Rules. Without following this process, the acts of Nelia Silverio-Dee are absolutely without legal sanction. To our mind, the court a quos ruling clearly constitutes a final deter mination of the rights of the petitioner as the appealing party. As such, the Omnibus Order, dated May 31, 2002 (the predecessor of the Order dated December 12, 2002) is a final order; hence, the same may be appealed, for the said matter is clearly declared by the rules as appealable and the proscription does not apply. An interlocutory order, as opposed to a final order, was defined in Tan v. Republic: A final order is one that disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court, while an interlocutory order is one which does not dispose of the case completely but leaves something to be decided upon. Additionally, it is only after a judgment has been rendered in the case that the ground for the appeal of the interlocutory order may be included in the appeal of the judgment itself. The interlocutory order generally cannot be appealed separately from the judgment. It is only when such interlocutory order was rendered without or in excess of jurisdiction or with grave abuse of discretion that certiorari under Rule 65 may be resorted to. In the instant case, Nelia Silverio-Dee appealed the May 31, 2005 Order of the RTC on the ground that it ordered her to vacate the premises of the property located at No. 3 Intsia Road, Forbes Park, Makati City. On that aspect the order is not a final determination of the case or of the issue of distribution of the shares of the heirs in the estate or their rights therein. It must be borne in mind that until the estate is partitioned, each heir only has an inchoate right to the properties of the estate, such that no heir may lay claim on a particular property. In Alejandrino v. Court of Appeals: Art. 1078 of the Civil Code provides that where there are two or more heirs, the whole estate of the decedent is, before partition,
18 DE LA CERNA SPECPRO DIGESTS 2011 owned in common by such heirs, subject to the payment of the debts of the deceased. Under a co-ownership, the ownership of an undivided thing or right belongs to different persons. Each co-owner of property which is held pro indiviso exercises his rights over the whole property and may use and enjoy the same with no other limitation than that he shall not injure the interests of his co-owners. The underlying rationale is that until a division is made, the respective share of each cannot be determined and every co-owner exercises, together with his coparticipants, joint ownership over the pro indiviso property, in addition to his use and enjoyment of the same. Although the right of an heir over the property of the decedent is inchoate as long as the estate has not been fully settled and partitioned, the law allows a co-owner to exercise rights of ownership over such inchoate right. CIVIL CODE Art. 493. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. Additionally, the above provision must be viewed in the context that the subject property is part of an estate and subject to intestate proceedings before the courts. It is, thus, relevant to note that in Rule 84, Sec. 2 of the Rules of Court, the administrator may only deliver properties of the estate to the heirs upon order of the Court. Similarly, under Rule 90, Sec. 1 of the Rules of Court, the properties of the estate shall only be distributed after the payment of the debts, funeral charges, and other expenses against the estate, except when authorized by the Court. Verily, once an action for the settlement of an estate is filed with the court, the properties included therein are under the control of the intestate court. And not even the administrator may take possession of any property that is part of the estate without the prior authority of the Court. In the instant case, the purported authority of Nelia Silverio-Dee, which she allegedly secured from Ricardo Silverio, Sr., was never approved by the probate court. She, therefore, never had any real interest in the specific property located at No. 3 Intsia Road, Forbes Park, Makati City. As such, the May 31, 2005 Order of the RTC must be considered as interlocutory and, therefore, not subject to an appeal. Thus, private respondent employed the wrong mode of appeal by filing a Notice of Appeal with the RTC. Hence, for employing the improper mode of appeal, the case should have been dismissed. The implication of such improper appeal is that the notice of appeal did not toll the reglementary period for the filing of a petition for certiorari under Rule 65, the proper remedy in the instant case. This means that private respondent has now lost her remedy of appeal from the May 31, 2005 Order of the RTC. Therefore, there is no longer any need to consider the other issues raised in the petition. AMIN | CHA | JANZ | KRIZEL | VIEN
De Borja v. de Borja
Felix, J. Quickie: The administrator filed several reports containing statements as to the income and expenses of the estate. The reports were always opposed by the other heirs. Oppositors grounded their opposition on the following: that the reports were not detailed enough, do not reflect the true income of the properties and no reason for the losses.. They asked to go over the books of the administrator. HELD: The administrator is guilty of acts of maladministration because of his highly irregular practices (pretended ignorance of the necessity of a book or ledger or at least a list of chronological and dated entries of money or produce the Intestate acquired and the amount of disbursements made for the same properties; he did not have even a list of the names of the lessees to the properties under his administration, nor even a list of those who owed back rentals) and specifically in mixing the funds of the estate under his administration with his personal funds instead of keeping a current account for the Intestate in his capacity as administrator. Despite these irregular practices for which he was held already liable and made in some instances to reimburse the Intestate for amounts that were not properly accounted for, his claim for compensation as administrator's fees shall be as they are hereby allowed. Facts: Quintin, Francisco, Crisanta and Juliana are legitimate children of Marcelo de Borja. Marcelo died sometime in 1924 or 1925. He left a considerable amount of property. Intestate proceedings must have followed, and the pre-war records of the case either burned, lost or destroyed during the last war, because the record shows that in 1930 Quintin was already the administrator of the Intestate Estate of Marcelo. 1938 - Quintin died and Crisanto, son of Francisco, was appointed and took over as administrator of the Estate. Franciscoassumed his duties as executor of the will of Quintin but upon petition of the heirs of said deceased on the ground that his interests were conflicting with that of his brother's estate he was later required by the Court to resign as such executor and was succeeded by Rogelio, a son-in-law of Quintin. 1940 - at the hearing set for the approval of the statement of accounts of Quintin as the late administrator of the Intestate Estate of Marcelo, then being opposed by Francisco, the parties submitted an agreement, which was approved by the Court The Intestate remained under the administration of Crisanto until the then outbreak of the war. From then on and until the termination of the war, there was a lull and state of inaction in SP No. 2414 of the CFI Rizal (In the Matter of the Intestate Estate of Marcelo de Borja). 1945 - Miguel Dayco, as administrator of the estate of his deceased mother, Crisanta, filed for a petition for reconstitution of the records of this case. The Court ordered the reconstitution of the same, requiring the administrator to submit his report and a copy of the project of partition. 1946 Crisanto filed his accounts for the period ranging from March 1 to Dec. 22, 1945.
21 DE LA CERNA SPECPRO DIGESTS 2011 the reason that whatever money obtained from the Estate during said period could not be made the subject of any adjudication it having been declared fiat money and without value, and ordered that the statement of accounts be presented only for the period starting from March 1945. He was anxious to terminate this administration but some of the heirs had not yet complied with the conditions imposed in the project of partition 1950 - Juan and his sisters, as heirs of Quintin de Borja, filed a motion for the delivery to them of their inheritance in the estate, tendering to the administrator a document ceding and transferring to the latter all the rights, interests and participation of Quintin in Civil Case No. 7190, and expressing their willingness to put up a bond if required to do so by the Court. The Court ordered Crisanto to deliver to the heirs of Quintin all the properties adjudicated to them in the Project of Partition d upon the filing a bond in the sum of P10,000 conditioned upon the payment of such obligation as may be ordered by the Court. SC affirmed this. 1951 Crisanto filed his amended statement of accounts covering the period from March 1945 to July 1949, which showed a cash balance of P36,660. 1961 - An additional statement of accounts was filed for the period of from August 1949, to August 1951, showed a cash balance of P5,851.17 and pending obligations in the amount of P6,165.03. The heirs of Quintin again opposed the approval of the statements of accounts charging the administrator with having failed to include the fruits which the estate should have accrued from 1941 to 1951 amounting to P479,429.70, but as the other heirs seemed satisfied with the accounts presented by said administrator and as their group was only one of the 4 heirs of Intestate Estate, they prayed that the administrator be held liable for only P119,932.42 which was of the amount alleged to have been omitted. Crisanto filed a reply to said opposition containing a counterclaim for moral damages against all the heirs of Quintin in the sum of P30,000 which was admitted by the Court over the objection of the heirs of Quintin that the said pleading was filed out of time. The heirs of Quintin de Borja filed their answer to the counterclaim denying the charges and contending that inasmuch as the acts, manifestations and pleadings upon which the claim for moral damages was based were admittedly committed and prepared by their lawyer, Atty. Amador E. Gomez, same cannot be made the basis of a counterclaim, said lawyer not being a party to the action. 1952 CFI issued an order denying admission to administrator's amended counterclaim directed against the lawyer, Atty. Amador E. Gomez, holding that a lawyer, not being a party to the action, cannot be made answerable for counterclaims. Another order was also issued on the same date dismissing the administrator's counterclaim for moral damages against the heirs of Quintin and their counsel for the alleged defamatory acts, manifestation and utterances, and stating that granting the same to be meritorious, yet it was a strictly private controversy between said heirs and the administrator which would not in any way affect the interest of the Intestate, and, therefore, not proper in an intestate proceedings. CFI rendered judgment ordering Crisanto to distribute the funds in his possession to the heirs as follows: P1,395.90 to the heirs of Quintin; P314.99 to Francisco; AMIN | CHA | JANZ | KRIZEL | VIEN P314.99 to the Estate of Juliana and P314.99 to Miguel, but as the latter still owed the intestate the sum of P900, said heirs was ordered to pay instead the 3 others the sum of P146.05 each. The Court found Crisanto guilty of maladministration and sentenced him to pay the heirs of Quintin of the amount which the state lost. The Court also issued an order requiring Crisanto to deliver to the Clerk PNB Certificate of Deposit No. 211649 for P978.50 which was issued in the name of Quintin. Issue/Held: (1) WON the counsel for a party in a case may be included as a defendant in a counterclaim. NO Sec. 1, Rule 10 defines a counterclaim is any claim, whether for money or otherwise, which a party may have against the opposing party. A counterclaim need not dismiss or defeat the recovery sought by the opposing party, but may claim relief exceeding in amount or different in kind from that sought by the opposing party's claim. It is an elementary rule of procedure that a counterclaim is a relief available to a party-defendant against the adverse party which may or may not be independent from the main issue. The appearance of a lawyer as counsel for a party and his participation in a case as such counsel does not make him a party to the action. The fact that he represents the interests of his client or that he acts in their behalf will not hold him liable for or make him entitled to any award that the Court may adjudicate to the parties, other than his professional fees. Granting that the lawyer really employed intemperate language in the course of the hearings or in the preparation of the pleadings filed in connection with this case, the remedy against said counsel would be to have him cited for contempt of court or take other administrative measures that may be proper in the case, but certainly not a counterclaim for moral damages. (2) WON a claim for moral damages may be entertained in a proceeding for the settlement of an estate. NO SP No. 6414 was instituted for the purpose of settling the Intestate Estate of Marcelo. In taking cognizance of the case, the Court was clothed with a limited jurisdiction which cannot expand to collateral matters not arising out of or in any way related to the settlement and adjudication of the properties of the deceased, for it is a settled rule that the jurisdiction of a probate court is limited and special (Guzman vs. Anog, 37 Phil. 361). Although there is a tendency now to relax this rule and extend the jurisdiction of the probate court in respect to matters incidental and collateral to the exercise of its recognized powers (14 Am. Jur. 251-252), this should be understood to comprehend only cases related to those powers specifically allowed by the statutes. It was in the acknowledgment of its limited jurisdiction that the lower court dismissed the administrator's counterclaim for moral damages against the oppositors, particularly against Marcela who allegedly uttered derogatory remarks intended to cast dishonor to said administrator sometime in 1950 or 1951, his Honor's ground being that the court exercising limited jurisdiction cannot entertain claims of this kind which should properly belong to a court general jurisdiction.
22 DE LA CERNA SPECPRO DIGESTS 2011 (3) WON an administrator, as the one in the case at bar, may be held accountable for any loss or damage that the estate under his administration may incur by reason of his negligence, bad faith or acts of maladministration. YES Acts of Maladministration: o Highly irregular practices of the administrator pretended ignorance of the necessity of a book or ledger or at least a list of chronological and dated entries of money or produce the Intestate acquired and the amount of disbursements made for the same properties he did not have even a list of the names of the lessees to the properties under his administration, nor even a list of those who owed back rentals o specifically in mixing the funds of the estate under his administration with his personal funds instead of keeping a current account for the Intestate in his capacity as administrator o AMIN | CHA | JANZ | KRIZEL | VIEN Judge Penas order required the administrator to render an accounting of his administration only from March 1, 1945, to December of the same year without ordering said administrator to include therein the occupation period. Although the Court below mentioned the condition then prevailing during the war-years, We cannot simply presume, in the absence of proof to that effect, that the administrator received such valuables or properties for the use or in exchange of any asset or produce of the Intestate, and in view of the aforementioned order no practical reason for requiring to account for those occupation years when everything was affected by the abnormal conditions created by the war.
Crisantos Liability to the Estate - includes the income of different properties and unnecessary and unauthorized expenses which were charged to the estate (for more details, please see the list):
No need an accounting of his administration during the Japanese occupation Rentals - 6-door building in Azcarraga Street, Manila, situated in front of the Arranque market he never kept a ledger or book of entry for amounts received for the estate no excuse why Crisanto could not have taken cognizance of these rates and received the same for the benefit of the estate he was administering, considering the fact that he used to make trips to Manila usually once a month. Parcel of land in Mayapyap, Nueva Ecija no reason why the administrator would fail to take possession of this property the estate suffered in the form of unreported income Punta/Junta Section of Hacienda Jalajala the report did not contain the real income of the property devoted to rice cultivation at 1,000 cavanes every year or a total of 8,000 cavanes valued at P73,000. Crisanto sold to Gregorio Santos firewoods Ricefields in Cainta, Rizal actually occupied by several persons accommodating 13 cavanes of seedlings; would have yielded 810 cavanes a year and under the 50-50 sharing system, the estate would have received no less than 405 cavanes every year Surcharges and penalties with a total of P988.75 for failure to pay on time the taxes imposed on the properties under his administration and failure to pay the taxes on the Azcaragga building, it was sold at public auction and Crisanto had to redeem the same at P3,295.48, although the amount that should have been paid was only P2,917.26 = loss of P378.22. Safe containing money belonging to the estate was burned when a big fire razed numerous houses in Pateros, Rizal Crisanto testified that the money and other papers delivered by Juliana to him were saved from said fire. no reason why the administrator should keep in his such amount of money, for ordinary prudence would dictate that as an administration funds that come into his possession in a fiduciary capacity should not be mingled with his personal funds and should have been deposited in the Bank in the name of the intestate. sums paid to Juanita, the administrator's wife, as his private secretary The keeping of receipts and retaining in his custody records connected with the management of the properties under administration is a duty that properly belongs to the administrator, necessary to support the statement of accounts that he is obliged to submit to the court for approval. If ever his wife took charge of the safekeeping of these receipts and for which she should be compensated, the same should be taken from his fee salaries paid to special policemen Reason: most of the workers tilting the Punta property were not natives of Jalajala but of the neighboring towns and
23 DE LA CERNA SPECPRO DIGESTS 2011 AMIN | CHA | JANZ | KRIZEL | VIEN they were likely to run away with the harvest without giving the share of the estate if they were not policed unjustified and unnecessary. This kind of reasoning did not appear to be convincing to the trial judge as the cause for such fear seemed to exist only in the imagination Repairs for the casa solariega which Crisanto and his family occupied when their house was burned considering that during his occupancy of the said "casa solariega" he was not paying any rental at all, it is but reasonable that he should take care of the expenses for the ordinary repair of said house Expenses for alleged repairs on the rice mill in Pateros receipts unsigned although some were dated expenses for planting in the Cainta ricefields The prevailing sharing system in this part of the country was on 50-50 basis. But the report, except for the agricultural year 1950 contained nothing of the payments that the tenants should have made. transportation expenses of the administrator We are being made to believe that the Intestate estate is a losing proposition and assuming arguendo that this is true, that precarious financial condition which he, as administrator, should know, did not deter Crisanto from charging to the depleted funds of the estate comparatively big amounts for his transportation expenses. payment made to Mr. Severo Abellera in the sum of P375 for his transportation expenses as one of the two commissioners who prepared the Project of Partition Court authorized the administrator to withdraw from the funds of the intestate the sum of P300 to defray the transportation expenses of the commissioners. service of summons to the defendants in Civil Case No. 84 of the Court of First Instance of Rizal paid to the Provincial Sheriff of the same province an item for P40 appeared to have been paid to the Chief of Police on Jalajala allegedly for the service of the same summons forgot probably the fact that the local chiefs of police are deputy sheriffs ex-officio. Paid to Atty. Filamor for his professional services rendered for the defense of the administrator in G.R. No. L4179, which was decided against him, with costs SC provided that the costs of that litigation should not be borne by the estate but by the administrator himself, personally. P83,337.31), plus legal interests on this amount from the date of the decision appealed from, which is hereby affirmed in all other respects. On the sum of P13,294 for administrator's fees: o There is no controversy as to the fact that this appropriated amount was taken 1. Rentals - 6-door building in Azcarraga Street, Manila, situated in front of the without the order or previous approval by the probate Court. Neither is there Arranque market any doubt that the administration of the Intestate estate by Crisanto is far from satisfactory. Crisanto - P40,295 = total amount of rentals.; one tenant (Aguila) subleased the o Yet it is a fact that Crisanto exercised the functions of an administrator and is apartments occupied by Enriquez and Sodora and paid the said rentals but to entitled also to a certain amount as compensation for the work and services he Enriquez. has rendered as such. Now, considering the extent and size of the estate, the Oppositors : Lauro Aguila, a lawyer who occupied the basement of Door No. 1541 amount involved and the nature of the properties under administration, the and the whole of Door No. 1543 from 1945 to 1949, and who testified that he paid a amount collected by the administrator for his compensation at P200 a month is total of P28,200. not unreasonable and should therefore be allowed. LC: Based its computation on the rental paid by Atty. Aguila for the 1 doors that o We are of the opinion that despite these irregular practices for which he was he occupied : P112,800 from Feb., 1945, to Nov. 15, 1949, for the 6 doors, held already liable and made in some instances to reimburse the Intestate for accountable not only for the sum of P34,235 reported for the period ranging from amounts that were not properly accounted for, his claim for compensation as March 1945, to Dec., 1949, but also for a deficit of P90,525 or a total of P124,760. administrator's fees shall be as they are hereby allowed. SC: Decision: the decision appealed from is modified by reducing the amount that the Enriquez is the same person who appeared to be the administrator's collector, administrator was sentenced to pay the oppositors to the sum of P46,210.78 (instead of duly authorized to receive the rentals from this Azcarraga property and for
24 DE LA CERNA SPECPRO DIGESTS 2011 which services, said Enriquez received 5% of the amount he might be able to collect as commission. no excuse why Crisanto could not have taken cognizance of these rates and received the same for the benefit of the estate he was administerin g, considering the fact that he used to make trips to Manila usually once a month. the upper floor of Door No. 1549 was vacant in Sept., 1949, and as Atty. Aguila used to pay P390 a month for the use of an entire apartment from Sept. to Nov., 1949, and he also paid P160 for the use of the basement of an apartment (Door No. 1541), the use, therefore, of said upper floor would cost P230 which should be deducted add to the sum reported by Crisanto as received by him as rents for 1945-1949 only, the difference between the sum reported as paid by Atty. Aguila and the sum actually paid by the latter as rents of 1 1/2 of the apartments during the said period, or P25,457.09 1/4 of which is P6,364.27 which shall be paid to the oppositors. AMIN | CHA | JANZ | KRIZEL | VIEN 200 hectares - rice fields and 100 hectares dedicated to the planting of upland rice. It has also timberland and forest Assessed value of P115,000 and for which the estate pay real estate tax of P1,500 annually Crisanto: gross income of P12,089.50 and expenditure in the amount of P28,739.21. Oppositors: Crisanto did not file the true income of the property, they presented several witnesses who testified that there were about 200 tenants working therein; that these tenants paid to Crisanto rentals at the rate of 6 cavanes of palay per hectare; that in the years of 1943 and 1944, the Japanese were the ones who collected their rentals, and that the estate could have received no less than 1,000 cavanes of palay yearly. LC: the report did not contain the real income of the property devoted to rice cultivation at 1,000 cavanes every year or a total of 8,000 cavanes valued at P73,000. SC: as Crisanto accounted for the sum of P11,155 collected from rice harvests and if to this amount we add the sum of P8,739.20 for expenses, this will make a total of P19,894.20, thus leaving a deficit of P53,105.80, of which will be P13,276.45 which the administrator is held liable to pay the heirs of Quintin. Crisanto sold to Gregorio Santos firewoods worth P600 in 1941, P3,500 in 1945 and P4,200 in 1946 or a total of P8,300. As the report included only the amount of P625, there was a balance of P7,675 in favor of the estate. The oppositors were not able to present any proof of sales made after these years, if there were any and the administrator was held accountable to the oppositors for only P1,918.75. Ricefields in Cainta, Rizal Crisanto: income of P12,104 from 1945 to 1951 Oppositors: Basilio Javier worked as a tenant in the land of Juliana de Borja which is near the land belonging to the Intestate, the 2 properties being separated only by a river. As tenant of Juliana de Borja, he knew the tenants working on the property and also knows that both lands are of the same class, and that an area accommodating one cavan of seedlings yields at most 100 cavanes and 60 cavanes at the least. LC: actually occupied by several persons accommodating 13 cavanes of seedlings; would have yielded 810 cavanes a year and under the 50-50 sharing system, the estate would have received no less than 405 cavanes every year SC: For the period of 7 years from 1941 to 1950, excluding the 3 years of war the corresponding earning of the estate should be 2,835 cavanes, out of which the 405 cavanes from the harvest of 1941 is valued at P1,215 and the rest 2,430 cavanes at P10 is valued at P24,300, or all in all P25,515. If from this amount the reported income of P12,104 is deducted, there will be a balance of P13,411.10 1/4 of which or P3,352.75 the administrator is held liable to pay to the oppositors. Surcharges and penalties with a total of P988.75 for failure to pay on time the taxes imposed on the properties under his administration and failure to pay the taxes on the Azcaragga building, it was sold at public auction and Crisanto
2.
Parcel of land in Mayapyap, Nueva Ecija acquired by Quintin in Civil Case NO. 6190 - By virtue of the agreement entered into by the heirs, this property was turned over by the estate of Quintin to the intestate and formed part of the general mass of said estate. Crisanto: failed to disclose any return from this property alleging that he had not taken possession of the same. does not deny that he knew of the existence of this land but claimed that when he demanded the delivery of the Certificate of Title from Rogelio Limaco, then administrator of the estate of Quintin, the latter refused to surrender the same Oppositors: Punzal, who testified that, Quintin offered him the position of overseer of this land but he was not able to assume the same due to the death of said administrator; that, he was instructed by Crisanto to testify in court that he was the overseer of the property Other witnesses testified that they were some of the tenants of the Mayapyap property; that they were paying their shares to the overseers of Francisco and sometimes to his wife LC: no reason why the administrator would fail to take possession of this property considering that this was even the subject of the agreement computed the loss the estate suffered in the form of unreported income from the rice lands for 10 years at 6,700 a year and the amount of P4,000 from the remaining portion of the land not devoted to rice cultivation which was being leased at P20 per hectare. Liable for P17,750 which is of the total amount which should have accrued to the estate for this item. SC: But if We exclude the 3 years of occupation, the income for 7 years would be P46,900 for the ricelands and P2,800 (at P400 a year) for the remaining portion not developed to rice cultivation or a total of P48,700, of which is P12,175 which We hold the administrator liable to the oppositors. Punta/Junta Section of Hacienda Jalajala located in said town of Rizal (pertained to Marcelo).
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25 DE LA CERNA SPECPRO DIGESTS 2011 had to redeem the same at P3,295.48, although the amount that should have been paid was only P2,917.26 = loss of P378.22. Crisanto: lack of cash balance for the estate Oppositors: evidence that on Oct. 1939, Crisanto received from Juliana the sum of P20,475.17 together with certain papers pertaining to the intestate LC: Attributing these surcharges and penalties to the negligence of the administrator, the lower Court adjudged him liable to pay the oppositors of P1,366.97, the total loss suffered by the Intestate, or P341.74. 6. Safe containing P15,000 belonging to the estate was burned when a big fire razed numerous houses in Pateros, Rizal Crisanto: this loss was already proved to the satisfaction of the Court who, approved the same by order of January 8, 1943, purportedly issued by Judge Servillano Plato Oppositors: contested the genuineness of this order LC: the administrator testified that the money and other papers delivered by Juliana de Borja to him on October 29, 1939, were saved from said fire. The administrator justified the existence of these valuables by asserting that these properties were locked by Juliana de Borja in her drawer in the "casa solariega" in Pateros and hence was not in his safe when his house, together with the safe, was burned The lower Court also found no reason why the administrator should keep in his such amount of money, for ordinary prudence would dictate that as an administration funds that come into his possession in a fiduciary capacity should not be mingled with his personal funds and should have been deposited in the Bank in the name of the intestate. The administrator was held responsible for this loss and ordered to pay thereof, or the sum of P3,750. Unauthorized Expenditures (a) certain sums amounting to P2,130 paid to and receipted by Juanita V. Jarencio the administrator's wife, as his private secretary Crisanto: he needed her services to keep receipts and records for him, and that he did not secure first the authorization from the court before making these disbursements because it was merely a pure administrative function. LC: The keeping of receipts and retaining in his custody records connected with the management of the properties under administration is a duty that properly belongs to the administrator, necessary to support the statement of accounts that he is obliged to submit to the court for approval. If ever his wife took charge of the safekeeping of these receipts and for which she should be compensated, the same should be taken from his fee. This disbursement was disallowed by the Court for being unauthorized and the administrator required to pay the oppositors , thereof or P532.50. (b) The salaries of Pedro Enriquez, as collector of the Azcarraga property; of Briccio Matienzo and Leoncio Perez, as encargados, and of Vicente Panganiban and Herminigildo Macetas as forest-guards LC: justified, although un authorized, as they appear to be reasonable and necessary for the care and preservation of the Intestate. (c) salaries paid to special policemen amounting to P1,509 AMIN | CHA | JANZ | KRIZEL | VIEN Crisanto: sought for the services of Macario Kamungol and others to act as special policemen during harvest time because most of the workers tilting the Punta property were not natives of Jalajala but of the neighboring towns and they were likely to run away with the harvest without giving the share of the estate if they were not policed LC: unjustified and unnecessary. This kind of reasoning did not appear to be convincing to the trial judge as the cause for such fear seemed to exist only in the imagination SC: Granting that such kind of situation existed, the proper thing for the administrator to do would have been to secure the previous authorization from the Court if he failed to secure the help of the local police. He should be held liable for this unauthorized expenditure and pay the heirs of Quintin de Borja thereof or P377.25. (d) year 1942 when his house was burned, the administrator and his family took shelter at the house belonging to the Intestate known as "casa solariega" which, in the Project of Partition was adjudicated to his father, Francisco de Borja. Crisanto: This property, however, remained under his administration and for its repairs he spent from 1945-1950, P1465,14, duly receipted. had he and his family not occupied the same, they would have to pay someone to watch and take care of said house SC: None of these repairs appear to be extraordinary for the receipts were for nipa, for carpenters and thatchers Rule 85, section 2 provides that: An executor or administrator shall maintain in tenant able repair the houses and other structures and fences belonging to the estate, and deliver the same in such repair to the heirs or devisees when directed so to do by the court. yet considering that during his occupancy of the said "casa solariega" he was not paying any rental at all, it is but reasonable that he should take care of the expenses for the ordinary repair of said house this will not excuse him from this responsibility for the disbursements he made in connection with the aforementioned repairs because even if he stayed in another house, he would have had to pay rentals or else take charge also of expenses for the repairs of his residence. The administrator should be held liable to the oppositors in the amount of P366.28. (e) expenses amounting to P6,304.75 for alleged repairs on the rice mill in Pateros LC: Of the disbursements made therein, the items corresponding, to Exhibits I, I-1, I21, L-26, L-15, L-64 and L-65, in the total sum of P570.70 were rejected by the lower court on the ground that they were all unsigned although some were dated. SC: an oversight in including the sum of P150 covered by Exhibit L-26 which was duly signed by Claudio Reyes because this does not refer to the repair of the ricemill but for the roofing of the house and another building and shall be allowed. Consequently, the sum of P570.70 shall be reduced to P420.70 which added to the sum of P3,059 representing expenditures rejected as unauthorized total of P3,479 1/4 of which is P869.92 that belongs to the oppositors.
7.
26 DE LA CERNA SPECPRO DIGESTS 2011 (f) expenses for planting in the Cainta ricefields Crisanto: a total expense of P5,977 admitted that expenses for planting were advanced by the estate and liquidated after each harvest SC: It was proved that the prevailing sharing system in this part of the country was on 50-50 basis. But the report, except for the agricultural year 1950 contained nothing of the payments that the tenants should have made. If the total expenses for said planting amounted to P5,977, thereof or P2,988.50 should have been paid by the tenants as their share of such expenditures, and as P965 was reported by the administrator as paid back in 1950, there still remains a balance of P2,023.50 unaccounted for. For this shortage, the administrator is responsible and should pay the oppositors thereof or P505.87. (g) transportation expenses of the administrator - P5,170 Crisanto: he used his own car in making those trips to Manila, Pasig and Cainta and a launch in visiting the properties in Jalajala, and they were for the gasoline consumed SC: From the report, We are being made to believe that the Intestate estate is a losing proposition and assuming arguendo that this is true, that precarious financial condition which he, as administrator, should know, did not deter Crisanto from charging to the depleted funds of the estate comparatively big amounts for his transportation expenses. Rather unreasonable spending of the estate's fund prompted the Court to observe that one will have to spend only P0.40 for transportation in making a trip from Pateros to Manila and practically the same amount in going to Pasig. From his report for 1949 alone, appellant made a total of 97 trips to these places or an average of one trip for every 3 1/2 days. Yet We must not forget that it was during this period that the administrator failed or refused to take cognizance of the prevailing rentals of commercial places in Manila that caused certain loss to the estate and for which he was accordingly held responsible. For the reason that the alleged disbursements made for transportation expenses cannot be said to be economical, the lower Court held that the administrator should be held liable to the oppositors for thereof or the sum of P1,292.50, though We think that this sum should still be reduced to P500. 8. Other Expenses (a) ordered 40 booklets of printed contracts of lease in the name of the Hacienda Jalajala which cost P150. LC: As the said hacienda was divided into 3 parts one belonging to this Intestate and the other two parts to Francisco de Boria and Bernardo de Borja, ordinarily the Intestate should only shoulder /3 of the said expense, but as the tenants who testified during the hearing of the matter testified that those printed forms were not being used, the Court adjudged the administrator personally responsible for this amount. SC: this printed form was not utilized because the tenants refused to sign any, and We can presume that when the administrator ordered for the printing of the same, AMIN | CHA | JANZ | KRIZEL | VIEN he did not foresee this situation. As there is no showing that said printed contracts were used by another and that they are still in the possession of the administrator which could be utilized anytime, this disbursement may be allowed. (b) a receipt of payment made to Mr. Severo Abellera in the sum of P375 for his transportation expenses as one of the two commissioners who prepared the Project of Partition Crisanto: payment of certain fees necessary in connection with the approval of the proposed plan of the Azcarraga property which was then being processed in the City Engineer's Office Oppositors: on May 24, 1941, the Court authorized the administrator to withdraw from the funds of the intestate the sum of P300 to defray the transportation expenses of the commissioners. SC: From that testimony, it would seem that appellant could even go to the extent of disobeying the order of the Court specifying for what purpose that amount should be appropriated and took upon himself the task of judging for what it will serve best. Since he was not able to show or prove that the money intended and ordered by the Court to be paid for the transportation expenses of the commissioners was spent for the benefit of the estate as claimed, the administrator should be held responsible therefor and pay to the oppositors of P375 or the sum of P93.75. (c) for the service of summons to the defendants in Civil Case No. 84 of the Court of First Instance of Rizal, P104 was paid to the Provincial Sheriff of the same province Crisanto: the defendants in said civil case lived in remote barrios, the services of the Chief of Police as delegate or agent of the Provincial Sheriff were necessary. LC: an item for P40 appeared to have been paid to the Chief of Police on Jalajala allegedly for the service of the same summons forgot probably the fact that the local chiefs of police are deputy sheriffs exofficio. The administrator was therefore ordered by the lower Court to pay of said amount or P10 to the oppositors. (d) P550 paid to Atty. Filamor for his professional services rendered for the defense of the administrator in G.R. No. L-4179, which was decided against him, with costs. LC: disallowed this disbursement on the ground that this Court provided that the costs of that litigation should not be borne by the estate but by the administrator himself, personally. SC: Costs of a litigation in the Supreme Court taxed by the Clerk of Court, after a verified petition has been filed by the prevailing party, shall be awarded to said party and will only include his fee and that of his attorney for their appearance which shall not be more than P40; expenses for the printing and the copies of the record on appeal; all lawful charges imposed by the Clerk of Court; fees for the taking of depositions and other expenses connected with the appearance of witnesses or for lawful fees of a commissioner. If the costs provided for in that case, which this Court ordered to be chargeable personally against the administrator are not recoverable by the latter, with more reason this item could not be charged
27 DE LA CERNA SPECPRO DIGESTS 2011 against the Intestate. Consequently, the administrator should pay the oppositors of the sum of P550 or P137.50. 9. sum of P1,395 out of the funds still in the possession of the administrator LC: required to pay the oppositors SC: In the statement of accounts submitted by the administrator, there appeared a cash balance of P5,851.17 as of August 31, 1961. From this amount, the sum of P1,002.96 representing the Certificate of Deposit No. 21619 and Check No. 57338, both of the Philippine National Bank and in the name of Quintin de Borja, was deducted leaving a balance of P4,848. As Judge Zulueta ordered the delivery to the oppositors of the amount of P1,890 in his order of October 8, 1951; the delivery of the amount of P810 to the estate of Juliana de Borja in his order of October 23, 1951, and the sum of P932.32 to the same estate of Juliana de Borja by order of the Court of February 29, 1952, or a total of P3,632.32 after deducting the same from the cash in the possession of the administrator, there will only be a remainder of P134.98. AMIN | CHA | JANZ | KRIZEL | VIEN
10. creditor of Miguel, heir and administrator of the estate of Crisanta, in the sum of P900 LC: Add this credit to the actual cash on hand SC: as there is only a residue of P134.98 in the hands of the administrator and dividing it among the 3 groups of heirs who are not indebted to the Intestate, each group will receive P44.99, and Miguel B. Dayco is under obligation to reimburse P213.76 to each of them.
Issue/Held: W/N judge should be prohibited to compel the payment of funds to Panis. YES. Ratio: In our opinion, the petition must be granted. The orders of March 6th and 7th for a partial payment of the fees claimed were issued after an appeal had been taken and perfected by the filing of an appeal bond approved by the court. o The appeal was taken from the order of February 15 denying the motion for reopening and reconsideration of the allowance for attorney's fees and involves the validity of that order and the finality of the order of December 5, 1927. Whether this orders were valid and final need not be here determined, but they are appealable, and we are not aware of any provision of law authorizing the lower court to enforce the immediate execution of such orders and probate proceedings after an appeal has been perfected. The interest of the appellee are supposed to be sufficiently protected by an adequate bond. The arguments submitted indicate a misconception of the character of the liability for the attorney's fees are claimed are supposed to have been rendered to the executor or administrator to assist him in the execution of his trust. The attorney can therefore not hold the estate directly liable for his fees; such fees are allowed to the executor or administrator and not to the attorney. The liability for the payment rests on the executor or administrator, but if the fees paid are beneficial to the estate and reasonable, he is entitled to the reimbursement from the estate. Such payment should be included in his accounts and the reimbursement therefore settled upon the notice prescribed in section 682 of the
29 DE LA CERNA SPECPRO DIGESTS 2011 Code of Civil Procedure. (See Church on Probate Law and Practice, pp. 1570-1588 and authorities there cited; Woerner on the American Law of Administration, 2d ed., sections 515 and 516.) For the reasons stated the respondent judge is hereby prohibited from enforcing the payment of the attorney's fees above-mentioned until the appeal taken by Jacinto Yangco, as guardian ad litem for the minor Pedro Uy Tioco, has been passed upon by this court or dismissed. No costs will be allowed. So ordered. AMIN | CHA | JANZ | KRIZEL | VIEN
Rodriguez v. Ynza
Nature: Appeal from the orders of the CFI Iloilo, authorizing payment to Atty. Benjamin Tirol for professional services. Facts: Appellant objects to said payment on the ground that Hugo Rodriguez, trustee of the estate of Julia Ynza, being a member of the bar, he did not need the assistance of Atty. Tirol and that, at any rate, the later had rendered legal services, not to the estate of Julia Ynza but to said Hugo Rodriguez in his individual capacity. Held: The objection is untenable. Rodriguez was named trustee by reason of his qualifications, not as a lawyer but as administrator. It appears that Rodriguez was involved in 8 cases, not in his private capacity, but as trustee or administrator of the estate of Julia Ynza, deceased and the properties constituting said estate were being claimed by appellant, to the exclusion of the estate of Julia Ynza. It is apparent therefore that as counsel for Rodriguez in said cases, Atty. Tirol had rendered services for the benefit of the estate of Julia Ynza, which obtained a favorable decision in every one of said cases.
Tumang v. Laguio
Antonio, J.: Nature: Case forwarded by the Court of Appeals Quickie: Mom v daughter on issue of delivery of properties. Court said its better if the mom/administrator renders an accounting of the estate, even if she had done a prior one, to better resolve the problem, The duty of an executor or administrator to render an account is not a mere incident of an administration proceeding which can be waived or disregarded. It is a duty that has to be performed and duly acted upon by the court before the administration is finally ordered closed and terminated Facts: In Special Proceeding No. 1953 involving the estate of the late Dominador Tumang and pending before the Court of First Instance of Pampanga, the widow of the deceased, namely Magdalena A. Tumang, administratrix and executrix of the will, filed a petition to declare the testate proceedings definitely terminated and closed with respect to herself and two of her children - Melba Tumang Ticzon and Nestor A. Tumang. The petition was premised on the fact that the aforesaid heirs had already acknowledged receipt of the properties adjudicated to them, and in order for such properties to be transferred in their names, there was need for an order of the court declaring the proceedings closed with respect to the aforesaid heirs. The petition was opposed by appellee's daughter, Guia T. Laguio and her children on the ground that appellee, as administratrix and executrix, had not yet delivered all properties adjudicated to them. Moreover, the oppositors contended that there could be no partial termination of the proceedings. Thereafter, the administratrix withdrew the aforementioned petition. During the hearing of the motion to withdraw petition, Magdalena Tumang, as required by the court, filed a pleading captioned "Compliance", alleging that as shown by the attached receipts issued by the BIR, the estate and inheritance taxes had been fully paid; that as certified by the Deputy Clerk of Court, no claim has been presented that has not already delivered all the properties and dividends of the shares of stock adjudicated to her and her minor children since the approval of the original and amendatory projects of partition; and that with such admission, the court no longer has jurisdiction to entertain the motion under consideration. Lower Court: considers the motion to require administratrix to render an accounting untenable, as the final accounting of the administratrix was already approved and therefore denies the motion of oppositor; MR denied Issue/Held: (1) Whether or not the court should have required the executrix to render an accounting of the cash and stock dividends received after the approval of her final accounts. YES (2) Whether or not petitioners have waived their right to demand such accountingNO
Punongbayan v. Punongbayan
Puno, J. Quickie: In 1969, Escolastica Punongbayan-Paguio died. She was survived by her husband, brothers and sisters, and nephews and nieces. One of the nephews, DANILO Punongbayan, was appointed administrator of her estate. In a compromise agreement, the heirs agreed to distribute among themselves Escolasticas estate and authorized DANILO to sell certain properties of the estate. Then, 20 years hiatus in the intestate proceedings. In 1994, SOTERO Punongbayan (brother of Escolastica) finally filed a motion for the immediate distribution of Escolasticas estate according to the compromise agreement and to order DANILO to render accounting of his 20 year administration. SOTEROs motion was granted and obtained finality. Writ of execution was issued but DANILO refused to comply. Later, SOTERO filed another motion to be appointed as co-administrator in view of DANILOs failure to account. Said motion was granted in August 30, 2000. But as soon as September 1, 2000 (the immediately following day), DANILO himself filed a motion for SOTERO to render accounting alleging that SOTERO has committed illegal acts of administration which precludes him (DANILO) from rendering full accounting as administrator in compliance with the earlier writ of execution. Intestate court denied DANILOs motion. Consequently, DANILO assailed the denial via special civil action for certiorari with the CA. The CA granted certiorari and ordered SOTERO to render accounting~ hence, this appeal by SOTERO DANILOs resort to certiorari under Rule 65 to assail the intestate courts order of denial of his motion for SOTERO to render accounting is proper since the same order is merely an interlocutory order. The said order did not fully dispose of the issue involving SOTEROs accountability as an administrator. DANILOs motion, premised on Section 8, Rule 85 and Sec. 7, Rule 87 of the Rules of Court, sought to determine SOTEROs accountability as an administrator. But in so ruling, the intestate court denied the motion on the ground of PREMATURITY, without disposing or precluding future probing into SOTEROs accountability as such administrator. Hence, the order was clearly interlocutory. Under Rule 85, Sec. 8, the administrator is only liable to render accounting 1 year after receipt of letters of administrator. In the case at bar, SOTERO has only been administrator for one (1) day when DANILO sought to make him accountable under Rule 85, Sec. 8. HOWEVER, even if DANILOs resort to certiorari was proper, the CA erred in granting the same. The reasons why certiorari should not be granted are set forth below. They are not SpecPro related so Im not putting them here in the quickie anymore. Nature: Petition to review of the Decision of the Court of Appeals which granted the special civil action for certiorari and mandamus filed by respondent DANILO Punongbayan, as well as the CA Resolution which denied petitioner SOTERO Punongbayans MR Facts: Escolastica Punongbayan-Paguio died intestate leaving behind considerable properties in Misamis Oriental, Iligan City, and Bulacan.
33 DE LA CERNA SPECPRO DIGESTS 2011 DANILO alleged that he encountered difficulties in rendering full accounting of the estates income and properties because of the illegal sales and lease made by SOTERO. Hence, DANILO alleged that SOTERO should be made to account first for the income derived from such illegal transfers and lease before he (DANILO) could render the full accounting required by the intestate court. DANILOs motion was denied as well as a subsequent MR. Consequently, DANILO filed a special civil action for certiorari and mandamus with the CA to assail the intestate courts orders. The CA granted certiorari and mandamus, ordering SOTERO to render an accounting of all the properties and monies belonging to the estate that came into his possession and to deposit with the intestate court the proceeds of the sale of the estate properties~ hence, this petition by SOTERO 2) AMIN | CHA | JANZ | KRIZEL | VIEN which he is obliged to render within one (1) year from receiving letters of administration, or as required by the court until the estate is settled. In the same vein, an examination of SOTEROs accountability under Section 7, Rule 87 cannot definitely settle the issue of his alleged illegal transfers and lease since a proceeding under this section is merely in the nature of factfinding inquiries. It is intended to elicit information or evidence relative to estate properties. The intestate court which has jurisdiction over the administration and settlement of the estate has limited jurisdiction and is without authority to resolve issues of ownership with finality especially when third persons are involved. Separate actions should be instituted by the administrator for the purpose. Thus, an order based on Sec. 7, Rule 87 cannot also be considered a final order but is merely interlocutory. The resort to certiorari was proper.
Issue/s and Held: 1) WON the Orders denying DANILOs motion for SOTERO to render accounting can be properly assailed by certiorari YES! 2) WON the CA erred in granting certiorari and mandamus YES! Ratio: 1) The denial of DANILOs motion for SOTERO to render an accounting is an interlocutory order NOT subject to appeal but may be challenged before a superior court through a petition for certiorari under Rule 65. Recall CivPro: A court order is final in character if it puts an end to the particular matter resolved, or settles definitely the matter therein disposed of, such that no further questions can come before the court except the execution of the order. On the other hand, a court order is merely interlocutory if it is provisional and leaves substantial proceeding to be had in connection with its subject. Clearly, in the instant case, the assailed Order was an interlocutory order. The assailed motion was filed by DANILO under Section 8, Rule 851 and Sec. 7, Rule 872 of the Rules of Court. Applying Sec. 8, Rule 85, the intestate court denied the motion on the ground that it was premature considering that SOTERO has only been co-administrator for only one (1) day at the time it was filed when the Rules require that the administrator must account only after one (1) year from receipt of letter of administration. Such order, HOWEVER, in no way settled SOTEROs accountability as co administrator as it did not preclude or forestall future accountings by him
1Every
executor or administrator shall render an account of his administration within one (1) year from the time of receiving letters testamentary or of administration, unless the court otherwise directs because of extensions of time for presenting claims against, or paying the debts of, the estate, or of disposing of the estate; and he shall render such further accounts as the court may require until the estate is wholly settled. 2 The court, on complaint of an executor or administrator, may cite a person entrusted by an executor or administrator with any part of the estate of the deceased to appear before it, and may require such person to render a full account, on oath, of the money, goods, chattels, bonds, accounts, or other papers belonging to such estate as came to his possession in trust for such executor or administrator, and of his proceedings thereon; and if a person so cited refuses to appear to render such account, the court may punish him for contempt as having disobeyed a lawful order of the court.
Be that as it may, the CA erred nonetheless erred in granting the writ of certiorari. Certiorari under Rule 65 will lie only where a grave abuse of discretion or an act without or in excess of jurisdiction is clearly shown. The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility. No such grave abuse of discretion was committed by the intestate court in denying DANILOs motion for SOTERO to render accounting It is obvious that DANILOs motion was just another ploy for him to delay his compliance with the courts 1995 Order directing him to render an accounting of his administration of the estate and to turn over the certificates of placement of the proceeds from the sales of estate properties amounting to millions of pesos, which has long become final and executory That SOTERO should be made to account first for the alleged illegal transfers of estate properties made by him before DANILO could render his own accounting is incorrect for two reasons: (1) cases for the annulment of the said sales/leases have already been commenced by DANILO himself, hence, the intestate court will be barred from entertaining and resolving the same controversies by the principle of lis pendens, and (2) questions of title to real property cannot be determined in testate or intestate proceedings. IN OTHER WORDS, it would have been illusory, nay, utterly futile, for the intestate court to order first SOTEROs accounting considering that lis pendens and its limited jurisdiction bar it from determining the grounds cited by DANILO in his motion for SOTERO to account for his administration (which involves issues of title to real property). Thus, there is absolutely no reason for DANILO to further delay the accounting of his own administration of the estate. Clearly, DANILO was not entitled to the writ of certiorari erroneously issued by the CA. Certiorari, being an equitable remedy, will not issue where the petitioner is in bad faith.
Santos v. Manarang
Trent, J. Quickie: The will contained a provision directing the executor and the testators wife to religiously pay the debts he enumerated. Committee, appointed to hear and determine claims, submitted its report. Santos (he was included in the list) asked the court to reconvene the committee and pass upon his claim. This was denied. He then instituted an action against the administratrix to recover the sum. Still denied. HELD: In the present case the time previously limited was 6 months from July 23, 1907. This allowed Santos until January 23, 1908, to present his claims to the committee. An extension of this time under section 690 rested in the discretion of the court. Santos petition was not presented until July 14, 1909. It is commonly termed the statute of nonclaims, and its purpose is to settle the affairs of the estate with dispatch, so that residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which, under the ordinary statute of limitations, have not yet prescribed. The claims against the estate in the case at bar were enforceable only when the prescribed legal procedure was followed. DISSENT: the record is entirely lacking in legal evidence to establish the publication which the law requires under that order. The claim was not one that must be submitted to a committee, being recognized as a legal and valid debt by the will and the testator having ordered his executor to pay it. Facts: Don Lucas de Ocampo made a will July 26, 1906. He died November 18, 1906. The 4th clause of this will reads as follows: I also declare that I have contracted the debts detailed below, and it is my desire that they may be religiously paid by my wife and executors in the form and at the time agreed upon with my creditors. Among the debts mentioned in the list are 2 in favor of Isidro Santos; one due on April 14, 1907, for P5,000, and various other described as falling due at different dates (the dates are not given) amounting to the sum of P2,454. The will was duly probated and a committee was regularly appointed to hear and determine such claims against the estate as might be presented. This committee submitted its report. Santos presented a petition to the court asking that the committee be required to reconvene and pass upon his claims against the estate which were recognized in the will of testator. DENIED. Santos instituted the present proceedings against Leandra Manarang, the administratrix of the estate, to recover the sums mentioned in the will. Relief was denied in the court below. Issues/Held: (1) WON the court erred in denying in asking that the committee be reconvened to consider his claim. NO Santos - it does not appear in the committee's report that the publications required by section 687 of the Code of Civil Procedure had been duly made.
35 DE LA CERNA SPECPRO DIGESTS 2011 real property, damages for injury to person or property, real or personal, or for the possession of specified articles of personal property. Nor is it asserted by the plaintiff that they do. The conclusion is that they were claims proper to be considered by the committee. Section 689 provides: that court shall allow such time as the circumstances of the case require for the creditors to present their claims the committee for examination and allowance; but not, in the first instance, more than twelve months, or less than six months; and the time allowed shall be stated in the commission. The court may extend the time as circumstances require, but not so that the whole time shall exceed eighteen months. It cannot be questioned that thus section supersedes the ordinary limitation of actions provided for in chapter 3 of the Code. It is strictly confined to claims against the estate of deceased persons, and has been almost universally adopted as part of the probate law of the United States. It is commonly termed the statute of nonclaims, and its purpose is to settle the affairs of the estate with dispatch, so that residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which, under the ordinary statute of limitations, have not yet prescribed. Due possibly to the comparative shortness of the period of limitation applying to such claims as compared with the ordinary statute of limitations, a saving provision is annexed to the statute of nonclaims in every jurisdiction where is found. In this jurisdiction, the saving clause is found in section 690 which provides: On application of a creditor who has failed to present his claim, if made within six months after the time previously limited, or, if a committee fails to give the notice required by this chapter, and such application is made before the final settlement of the estate, the court may, for cause shown, and on such terms as are equitable, renew the commission and allow further time, not exceeding one month, for the committee to examine such claim, in which case it shall personally notify the parties of the time and place of hearing, and as soon as may be make the return of their doings to the court. If the committee fails to give the notice required, that is a sufficient cause for reconvening it for further consideration of claims which may not have been presented before its final report was submitted to the court. But, this is not the case made by Santos, as the committee did give the notice required by law. Where the proper notice has been given the right to have the committee recalled for the consideration of a belated claim appears to rest first upon the condition that it is presented within six months after the time previously limited for the presentation of claims. In the present case the time previously limited was 6 months from July 23, 1907. This allowed Santos until January 23, 1908, to present his claims to the committee. An extension of this time under section 690 rested in the discretion of the court. Plaintiff's petition was not presented until July 14, 1909. Plea of Santos - he was laboring under a mistake of law a mistake which could easily have been corrected had he sought to inform himself; a lack of information as to the law governing the allowance of claims against estate of the deceased persons which, by proper diligence, could have been remedied in ample to present the claims to the committee. Santos finally discovered his mistake and now seeks to AMIN | CHA | JANZ | KRIZEL | VIEN assert his right when they have been lost through his own negligence . Ignorantia legis neminem excusat. (2) WON the court is correct in dismissing the petition to compel the administratrix to pay him the amounts mentioned in the will. YES We concede all that is implied in the maxim, dicat testor et erit lex (The will of the testator is the law of the case) but the law imposes certain restrictions upon the testator, not only as to the disposition of his estate, but also as to the manner in which he may make such disposition. It is evident from the brief outline of the sections referred to above that the Code of Civil Procedure has established a system for the allowance of claims against the estates of decedents. There are at least 2 restrictions imposed by law upon the power of the testator to dispose of his property, and which pro tanto restrict the maxim that "the will of the testator law: (1) His estate is liable for all legal obligations incurred by him; and (2) he can not dispose of or encumber the legal portion due his heirs by force of law. The former take precedence over the latter. (Sec. 640, Code Civ, Proc.) In case his estate is sufficient they must be paid. (Sec, 734, id.) In case the estate is insolvent they must be paid in the order named in section 735. If it is unnecessary to present such claim to the committee, the source of nonclaims is not applicable. It is not barred until from four to ten years, according to its classification in chapter 3 of the Code of Civil Procedure, establishing questions upon actions. Section 706 of the Code of Civil Procedure provides that an executor may, with the approval of the court, compound with a debtor of deceased for a debt due the estate, but he is not permitted or directed to deal with a creditor of the estate. He is the advocate of the estate before an impartial committee with quasi-judicial power to determine the amount of the claims against the estate, and, in certain cases, to equitably adjust the amounts due. The administrator, representing the debtor estate, and the creditor appear before this body as parties litigant and, if either is dissatisfied with its decision, an appeal to the court is their remedy. To allow the administrator to examine and approve a claim against the estate would put him in the dual role of a claimant and a judge. The most important restriction, in this jurisdiction, on the disposition of property by will are those provisions of the Civil Code providing for the preservation of the legal portions due to heirs by force of law, and expressly recognized and continued in force by sections 614, 684, and 753 of the Code of Civil Procedure. But if a debt is expressly recognized in the will, there is nothing to prevent a partial or total alienation of the legal portion by means of a bequest under a guise of a debt, since all of the latter must be paid before the amount of the legal portion can be determined. The restriction imposed upon the testator's power to dispose of his property when they are heirs by force of law is especially important. The rights of these heirs by force law pass immediately upon the death of the testator. (Art. 657, Civil Code.) The state intervenes and guarantees their rights by many stringent provisions of law to the extent mentioned in article 818 of the Civil Code. The state cannot afford to allow the performance of its obligations to be directed by the will of an individual. There is but one instance in which the settlement of the estate according to the probate procedure provided in the Code of Civil Procedure may be dispense with,
36 DE LA CERNA SPECPRO DIGESTS 2011 and it applies only to intestate estates. (Sec. 596, Code Civ. Proc.) A partial exemption from the lawful procedure is also contained in section 644, when the executor or administrator is the sole residuary legatee. Even in such case, and although the testator directs that no bond be given, the executor is required to give a bond for the payment of the debts of the testator. The facts of the present case do not bring it within either of this sections. We conclude that the claims against the estate in the case at bar were enforceable only when the prescribed legal procedure was followed. It will ordinarily be presumed in construing a will that the testator is acquainted with the rules of law, and that he intended to comply with them accordingly. If two constructions of a will or a part thereof are possible, and one of these constructions is consistent with the law, and the other is inconsistent, the presumption that the testator intended to comply with the law will compel that construction which is consistent with the law to be adopted. (Page on Wills, sec. 465.) The dates of his will and of his death may be separated by a period of time more or less appreciable. In the meantime, as the testator well knows, he may acquire or dispose of property, pay or assume additional debts, etc. In the absence of anything to the contrary, it is only proper to presume that the testator, in his will, is treating of his estate at the time and in the condition it is in at his death. Especially is this true of his debts. Debts may accrue and be paid in whole or in part between the time the will is made and the death of the testator. To allow a debt mentioned in the will in the amount expressed therein on the ground that such was the desire of the testator, when, in fact, the debt had been wholly or partly paid, would be not only unjust to the residuary heirs, but a reflection upon the good sense of the testator himself. A mere comparison of the list of the creditors of the testator and the amounts due them as described in his will, with the same list and amounts allowed by the committee on claims, shows that the testator had creditors at the time of his death not mentioned in the will at all. In fact, of those debts listed in the will, not a single one was allowed by the committee in the amount named in the will. This show that the testator either failed to list in his will all his creditors and that, as to those he did include, he set down an erroneous amount opposite their names; or else, which is the only reasonable view of the matter, he overlooked some debts or contracted new ones after the will was made and that as to others he did include he made a partial payments on some and incurred additional indebtedness as to others. The petition of the plaintiff filed on November 21, 1910, wherein he asks that the administratrix be compelled to pay over to him the amounts mentioned in the will as debts due him appears to be nothing more nor less than a complaint instituting an action against the administratrix for the recovery of the sum of money. Obviously, the plaintiff is not seeking possession of or title to real property or specific articles of personal property. When a committee is appointed as herein provided, no action or suit shall be commenced or prosecute against the executor or administrator upon a claim against the estate to recover a debt due from the state; but actions to recover the seizing and possession of real estate and personal chattels claimed by the estate may be commenced against him. (Sec. 699, Code Civ. Proc.) It is true that a debt may be left as a legacy, either to the debtor (in which case it virtually amounts to a release), or to a third person. But this case can only arise AMIN | CHA | JANZ | KRIZEL | VIEN when the debt is an asset of the estate. It would be absurd to speak of a testator's leaving a bare legacy of his own debt. (Arts. 866, 878, Civil Code.) The creation of a legacy depends upon the will of the testator, is an act of pure beneficence, has no binding force until his death, and may be avoided in whole or in part by the mere with whim of the testator, prior to that time. A debt arises from an obligation recognized by law (art. 1089, Civil Code) and once established, can only be extinguished in a lawful manner. (Art. 1156, id.) Debts are demandable and must be paid in legal tender. Legacies may, and often do, consist of specific articles of personal property and must be satisfied accordingly. In order to collect as legacy the sum mentioned in the will as due him, the plaintiff must show that it is in fact a legacy and not a debt. As he has already attempted to show that this sum represents a debt, it is an anomaly to urge now it is a legacy. But it is said that the plaintiff's claims should be considered as partaking of the nature of a legacy and disposed of accordingly. If this be perfect then the plaintiff would receive nothing until after all debts had been paid and the heirs by force of law had received their shares. From any point of view the inevitable result is that there must be a hearing sometime before some tribunal to determine the correctness of the debts recognized in the wills of deceased persons. This hearing, in the first instance, can not be had before the court because the law does not authorize it. Such debtors must present their claims to the committee, otherwise their claims will be forever barred.
Separate Opinion: Moreland, dissenting: The decision of the court in this case produces a serious miscarriage of justice. It causes the appellant to lose more than P7,000, a debt against the respondent estate, which debt, but a few months before his death, was specifically recognized by the testator in his will as a debt due and owing to petitioner and which he, in said will, ordered and directed his executor to pay "religiously." Even if it be assumed that the notice to creditors should have been published in accordance with the order of July 23, 1907, the record is entirely lacking in legal evidence to establish the publication which the law requires under that order. That being so the claim is not barred. a) An affidavit of the publisher of "El Imparcial" setting out that the notice to creditors attached to the affidavit and signed by Pedro Abad Santos (who before the completion of the publication, resigned) and Marcos Tancuaco, dated July 23, 1907, was published "three weeks from the 25th of July to the 16th of August, 1907." The defectiveness of the affidavit is apparent. It does not show whether the newspaper was daily, weekly, biweekly or monthly, or the day of the week or month on which published. Passing, however, these defects, I note that the notice to creditors requires them to present their claims at the dwelling house of Pedro Abad Santos. It should be noted, as before stated, that this commissioner resigned before the expiration of the six months, thus making it necessary for creditors to present their claims and their proofs thereof to one who was not a member of the committee and to a man who, immediately on his resignation, became the attorney of the estate. b) The remaining item of evidence which it is claimed tends to show that the notice to creditors was duly published is the reference made by the
37 DE LA CERNA SPECPRO DIGESTS 2011 commissioners in their report to the court, above quoted, in which they say, referring to July 25, 19076, "on which date the first publication to creditors was made." This reference cannot be called evidence of publication, although the court accepts it as such. At most it refers and is limited, in terms, to the first publication. It has not the slightest reference to the other publications, if any. I contend, and the record shows, that the notice should not have been published in accordance with the order of July 23, 1907, but in pursuance of an order of January 8, 1908, which was an order for a new publication, and, being later order, necessarily vacated and annulled the order of July 23, 1907, and all proceedings thereunder relative to the matters included in said order of January 8, 1908; that publication was concededly never made under and in pursuance of that order and that, for that reason, the petitioner's claim is not barred. o Let us remember that the first order of the court directing the committee to publish notice to creditors was issued July 23, 1907. It conceded that publication in a newspaper of some sort was started under that order. But, the court, evidently becoming satisfied that, under all the circumstances, the publication under that order would not be sufficient to give creditors fair notice, on January 8, 1908, and before the publication under the first order, if there was ever started in reality a publication under that order, was completed, made a second order of publication. The reason for this order was evidently that, during the six months succeeding the date of the notice which it is claimed was published under the first order, three persons held the office of executor, the complexion of the committee itself was changed, and the member of the committee at whose house the notice required the claims and vouchers to be presented resigned from the committee and became the attorney for the estate. Pedro Abad Santos having ceased to be a member of the committee and having become the attorney for the estate, and the notice to the creditors requiring that claims with their vouchers to be presented at his house, there was no longer a proper place designated where creditors could present their claims. Furthermore, the continual change in the executorship already noted may have resulted in grave prejudice to the estate if the estate were to be held responsible for all claims presented during the time those changes were taking place, it being the duty of the executor, under the law, to be present at the hearing on claims and defend the estate against those which deemed unjust, and the frequent change in the office, thereby bringing the persons unfamiliar with what had gone before, certainly not tending to efficiency. The claim was not one that must be submitted to a committee, being recognized as a legal and valid debt by the will and the testator having ordered his executor to pay it. The motion made to require the executor to pay the claim should have been heard by the court. o There is no provision of the Code of Civil Procedure expressly requiring the presentation of any claim to a committee. Provision is made for the appointment of a committee which is authorized to hear certain classes of claims but nowhere is there an express provision requiring a creditor to present his claim. There is, to be sure, a section which provides (sec. 695) that if the creditor fails to present his claim, if it is a certain kind of claim, within the time provided in the law, it will be barred. It is therefore, gathered by implication that every creditor having a certain kind of claim must present it; AMIN | CHA | JANZ | KRIZEL | VIEN but there is no provision expressly requiring it. Moreover, it must be carefully noted that only certain claims need to be presented to the committee and that only certain claims are barred provided they are not exhibited. Section 686 confers upon the committee whatever jurisdiction it may have with respect to the hearing of claims, apart from those which actions were begun against decedent in his lifetime. It provides that "they may try and decide upon claims, which by law survive against executors or administrators, except claims for the possession of or title to real state;" and under section 695 only those claims are barred which are " proper to be allowed by the committee." o A debt is a claim which has been favorably passed upon by the highest authority to which in can in law be submitted and has been declared to be a debt. A claim, on the other hand, is a debt in embryo. It is a mere evidence of a debt and must pass through the process prescribed by law before it develops into what is properly called a debt. The debt in the case at bar never was a claim. By the act of the testator himself, it was raised to the dignity of a debt and it remains such and must be acted upon as such by the courts as well as by all other o The fact that a debt is mentioned in the will as one not satisfied has, at least, the effect of changing the burden of proof from the creditor to the estate. Instead of the creditor being required to establish the validity of the claim and the fact of nonpayment, it is incumbent upon the estate to show payment affirmatively. At the very least, recognition by the testator in his will should be given that much significance. The provision before us, while not a provision for a legacy, has nevertheless the same force and effect; and as a legatee is not bound to show affirmatively his right to the legacy and as it is the duty of the executor to seek out the legatee and pay him the legacy, so it is not the duty of the creditor in this case to show affirmatively his right to the payment of the debt, but it is the duty of the executor, knowing nothing to the contrary, to seek out the creditor and pay him as the testator has ordered him to do. If he knows anything to the contrary the burden is on him to demonstrate it. It is claimed that the will of the testator is not the law of the case where it is in direct violation of a provision of law; and that the Court of Civil Procedure requiring that all claims shall be presented to the committee, the testator has no right to except a particular debt or any debt from the operation of the Code. In the first place, the Code of Civil Procedure does not require that all claims shall be presented to the committee. It expressly limits the claims which must be exhibited. In the second place, the claim that there is anything contradictory between the will of the testator in this particular case and the provision of the Code of Civil Procedure is, in my judgment, rather fanciful than real. What is the purpose of requiring the exhibition of a claim to a committee? Simply to save the estate from being defrauded. There is absolutely no other reason which is behind the law requiring such a presentation.
47 Phil. 89 (1924)
On December 22, 1923, the court presided over by Judge Anacleto Diaz rendered decision, absolving the defendant administrator of the estate of Antonio Tampoco from the complaint, holding that the commissioners appointed on September 21, 1922, had no authority under the law to hear and decide said claim, because the court that had appointed them had on the said date no jurisdiction to appoint them in view of the fact that more than fourteen months have elapsed since their final report was submitted by the former committee on claims in the aforesaid testamentary proceeding and approved by the court. To this decision the plaintiff excepted on the 29th day of the same month, and moved for the new trial on January 9, 1924, on the ground that said decision was against the law and the facts proven at the trial. March 27, 1924, the lower court presided over by the Honorable Geo. R. Harvey, judge, after considering the motion for new trial, rendered a new decision, setting aside that of December 22, 1923, and ordering the administrator of the estate of Antonio Tampoco to pay the administrator of the estate of Tan Peng Sue the sum of P28,802.60, with interest thereon at the rate of 9 6/10 per cent annum from March 28, 1920.
Issues/Held: (1) W/N the trial court erred in setting aside its former decision and in entering a new decision entirely contrary to the preceding one, instead of granting a new trial NO. (not really discussed much, as in the words of the court: disregarding this feature of the case) (2) W/N the trial court erred in holding that the claim presented was valid and effective at the time it was presented, and in not holding that the same was extinguished at that time under the law: IN SHORT, HAS THE ACTION PRESCRIBED? Sadly, YES. Ratio: (1) In the case of Cordovero v. Villamor it was held that the discretionary power granted the judges by section 145 of the Code of Civil Procedure to revise or amend their judgments, before the same become final, may be exercised upon a motion based on section 145, subsection 3, jointly with, or separately from the power to grant new trial, although the exercise of the power to grant new trial necessarily requires the revocation of the former judgment; that under section 145, a judge may correct errors in his decisions, and in revoking his original decision by amending it upon the motion a reopening of the case. Therefore this assignment must be overruled. (2) Disregarding this feature of the case, what is important to decide is whether or not this action has prescribed, as contended by the defendant. The pertinent part of section 695 of the Code of Civil Procedure provides: A person having a claim against a deceased person proper to be allowed by the committee, who does not, after publication of the required notice, exhibit his claim to the committee as provided in this chapter, shall be barred from
39 DE LA CERNA SPECPRO DIGESTS 2011 recovering such demand or from pleading the same in offset to any action, except as hereinafter provided. It was enacted in order to facilitate the speedy liquidation of estates, and to that end, it bars all proceeding when the claim is one that was not presented after the publication of the notice required. To avoid the effect of section 695, the plaintiff lays stress on two circumstances. In the first place, he says that his failure to present the claim to the committee appointed by the court on September 21, 1922, was due to the machinations and fraudulent and false representations of the defendant. While it is easy to understand that the interests of the plaintiff, in his capacity as administrator of the estate of Tan Peng Sue, were not duly protected, and that his conduct was, to a certain extent, influenced by the unfavorable circumstances that surrounded him, yet we hold that prescription cannot be avoided on the ground of fraud or undue influence. o The failure of Tan Chu Lay, heir of Tan Peng Sue, to present his claim was an omission committed by an heir who had knowledge of the existence of the credit of his deceased father. o The fact that Tan Chu Lay might have been induced by fraudulent machinations and unlawful influence of the defendant administrator cannot affect the legal consequences of said act. And even if it be admitted that the widow of Tan Peng Sue was in China while the committee on claims was acting in the proceeding for the settlement of Antonio Tampoco's estate, still the result would be the same. The law does not make any reservation or exception whatever, and this court cannot make either. Secondly, to avoid the effect of section 695, the plaintiff alleges that the notice to the creditors was not published in the manner prescribed by section 687 of the Code of Civil Procedure, which provides: The committee so appointed shall appoint convenient times and places for the examination and allowance of claims, and, within sixty days from the time of their appointment, shall post a notice in four public places in the province stating the times and places of their meeting, and the time limited for creditors to present their claims, and shall publish the same three weeks successively in a newspaper of general circulation in the province, and give such other notice as the court directs. The court, in the commission issued to the committee, shall designate the paper in which the notice shall be published, and the number of places in the province in which it shall be posted, and any other mode of notice which the court directs. Section 693 requires the committee to state in their report among other things, "the manner in which notice was given to the claimants." The report of the committee was introduced as Exhibit L in the testamentary proceeding, and really it was not written exactly in accordance with the technicality of the law. There is, however, attached to said report, as a part thereof, the affidavit of the editor of the newspaper La Nacion, wherein it appears that the committee on claims in the aforesaid proceeding had published for AMIN | CHA | JANZ | KRIZEL | VIEN three consecutive weeks a notice to claimants, stating that they might present their claims within the period of six months, the committee to hold meetings at the office of Attorney M.G. Goyena, room No. 1, 34, Escolta, on the last Wednesday of each month at 3:30 p. m. for the purpose of hearing and deciding claims. It, thus, appears that the committee complied with the requirements of the law as to publication of notice, so much so that in the stipulation of facts it is stated that the commissioners qualified, and under the date of December 14, 1920 published in the newspaper La Nacion the notice to claimants prescribed by the law for three consecutive weeks. There are also attached to the report of the committee, the appointment issued by the court, in which the places are designated where the notice should be posted, and the newspaper in which it should be published for three weeks, giving the creditors the period of six months to present their claims. We think that the documents attached to the report of said committee, the stipulation of facts and the approval of said report by the trial court constitute a conclusive proof that the commissioners have complied with the statute, requiring the publication of the notice to the creditors. Before a credit may be held barred by our procedural statutes relative to liquidation of inheritance, it must appear, among other things, that the committee have designated convenient hours and places for the holding of their meetings for the examination and admission of claims, and that they have published this fact in the manner provided by the law. Unless this is done, the right of a creditor cannot prescribe, and he who claims the benefit of prescription has the burden of proof. Under section 690, a creditor who has failed to present his claim within the period fixed by the committee on claims may apply to the court, within six months after the period previously fixed, for the renewal of the commission for the purpose of examining his claim. Also a creditor may make such application even after six months from the expiration of the period formerly fixed and before the final settlement of the estate, if the committee shall have failed to give the notice required by section 687. o The record shows that the application of the plaintiff was presented fourteen months after the expiration of the period fixed for the filing of claims. And while it was presented before the final settlement of the estate of Antonio Tampoco, yet, it having been proved that the committee had published in the newspaper La Nacion the notice required by law, there was no possible ground for granting said application. Even considering this application under section 113 of the Code of Civil Procedure, we believe that the lapse of fourteen months is an unsurmountable barrier opposing the granting of said application. It matters not that the defendant did not appeal from the order of the lower court appointing new commissioners, if it is taken into consideration that it was entered beyond the authority given by section 690. And as the defendant objected to said appointment, we believe that he is now entitled to raise the point in this court.
40 DE LA CERNA SPECPRO DIGESTS 2011 For the foregoing the judgment appealed from is reversed, and it is hereby declared that the plaintiff appellee has lost his right to enforce his claim in this proceeding, without pronouncement as to costs. So ordered. Johns, J, dissenting: As stated in appellee's brief, the following appears from the stipulation of facts and exhibits: During all this time, nothing, as has already been said, was done with regards to the estate of Tan Peng Sue. His widow was in China and no legal representative was appointed to look after his affair. When his widow and heirs learned of the death of Tampoco's executor, Go Sui San, assured them that the same will be respected and paid when demanded; that there was no need of presenting the claim before the committee or the probate court as the same appeared already on the books of the estate; and that it was to their advantage not to segregate it from the mass as it was gaining interest. Certain different amounts on this account were in fact received by the widow and heirs of Tan Peng Sue who naturally became more convinced of the advices of Go Sui San. (See affidavits of Go Biec and Tan Chui Lay, folios 79 to 86 of record.) Consequently, the claim of Tan Peng Sue was not presented to the original committee on claims in the estate of Tampoco. Based upon such facts, the judgment of the lower court should be affirmed. AMIN | CHA | JANZ | KRIZEL | VIEN
42 DE LA CERNA SPECPRO DIGESTS 2011 the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one (1) months. Issue/Held: WON the order of June 1, 1979 of the respondent court, which directed that the filing of claims against the estate of the late Dominga Garcia be filed within six (6) months after the first publication of the notice thereof, is null and void YES. Ratio: The range of the period specified in the rule is intended to give the probate court the discretion to fix the period for the filing of claims. The probate court is permitted by the rule to set the period provided it is not less than six (6) months nor more than twelve (12) months from the date of the first publication of the notice thereof. Such period once fixed by the court is mandatory. in this case the trial court set the period for the filing of the claims within six (6) months from the date of the first publication of the notice. It was obviously short of the minimum limit of six (6) months provided for by the law. Petitioner correctly observed that the trial court thereby shortened the period set by the law. Since the notice issued and the period set by the trial court was not in accordance with the requirements of Section 2, Rule 86 of the Rules of Court, what should then apply is the period as provided for by the rules which is not less than six months nor more than twelve (12) months from the date of first publication of notice. The first publication of the notice in the Mindanao Times was on March 30, 1978. Thus the two claims of petitioners against the estate which were filed on March 5, 1979 and March 29, 1979 respectively were filed on time. AMIN | CHA | JANZ | KRIZEL | VIEN
Barredo v. CA
Reyes, JBL, J. Nature: Appeal from CA decision Quickie: McDonough had a secured credit with Barredo. During Japanese war time, the recording of the secured credit in the propertys title was cancelled. McDonough died so at the intestate proceedings, notices to creditors were sent out. Heirs of Barredo filed a belated claim that was not allowed by the Supreme Court. Here, petitioners alleged as excuse for their tardiness the recent recovery of the papers of the late Fausto Barredo from the possession of his lawyer who is now deceased. This ground insufficient, due to the availability, and knowledge by the petitioners, of the annotation at the back of the certificate of title of the mortgage embodying the instant claim, as well as the payment of P20,000.00 made by the Japanese military authorities. Facts: The present appeal by the heirs of the late Fausto Barredo involves a tardy claim to collect the face value of a promissory note for P20,000.00 plus 12% interest per annum from 21 December 1949, the date of its maturity, plus attorney's fees and costs in the sum of P2,000.00, from the intestate estate of the late Charles A. McDonough, represented herein by the administrator, W. I. Douglas. The promissory note was secured by a mortgage executed in favor of Fausto Barredo over the leasehold rights of McDonough on the greater portion of a parcel of registered land located at Dongalo Paraaque, Rizal, owned by Constantino Factor, and over four (4) houses which McDonough had constructed on the leased land. The lease contract between Factor and McDonough provided for a term of 10 years from 1 September 1936; but on December 1940, the parties extended the term up to 31 August 1961. The original lease, the extension of its term, and the mortgage were all inscribed at the back of certificate of title of the land. Upon Fausto Barredo's death, his heirs, in a deed of extrajudicial partition, adjudicated unto themselves the secured credit of the deceased, and had the same recorded on the aforesaid certificate of title. This annotation was, however, cancelled when one day Manuel H. Barredo was ordered to appeal before an officer of the Japanese Imperial Army at the Army and Navy Club and was commanded to bring with him all the documents pertaining to the mortgage executed by the late McDonough whose private properties, because of his enemy citizenship, were, in the words of the Court of Appeals, "appropriated by the triumphant invader". Manuel H. Barredo was paid P20,000.00 in Japanese war notes by the occupation authorities and made to sign, as he did sign, a certification stating "that in consideration of P20,000.00 which I have received today, I am requested the Register of Deeds to cancel the mortgage of these properties"; and, as requested, the cancellation was inscribed at the back of the title.
Issue/Held: WON the belated claim here can be allowed- NO Ratio: Section 2, Rule 87, of the Rules of Court reads: SEC. 2. Time within which claims shall be filed. In the notice provided in section 1, the court shall state the time for the filing of claims against the estate, which shall not be more than twelve nor less than six months after the date of the first publication of the notice. However, at any time before an order of distribution is entered, on application of a creditor who has failed to file his claim within the time previously limited, the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one month. The probate court previously fixed the period for filing claims at six (6) months reckoned from the date of first publication, and the said notice to creditors was first published on 23 August 1945. The present claim was filed on 22 October 1947. There is no doubt, therefore, that the claim was filed outside of the period previously fixed. But a tardy claim may be allowed, at the discretion of the court, upon showing of cause for failure to present said claim on time. The respondent administrator, relying on the case of the Estate of Howard J. Edmands, 87 Phil. 405, argues that the one-month period for filing late claims mentioned in Section 2, Rule 87, of the Rules of Court should be counted from the expiration of the regular six-month period, but this pronouncement was but an obiter dictum that did not resolve the issue involved in said case. The true ruling appears in the case of Paulin vs. Aquino, L-11267, March 20, 1958, wherein the controverted one month period was clarified as follows: The one-month period specified in this section is the time granted claimants, and the same is to begin from the order authorizing the filing of the claims. It does not mean that the extension of one month starts from the expiration of the original period fixed by the court for the presentation of claims.
44 DE LA CERNA SPECPRO DIGESTS 2011 However, the probate court's discretion in allowing a claim after the regular period for filing claims but before entry of an order of distribution presupposes not only claim for apparent merit but also that cause existed to justify the tardiness in filing the claim. Here, petitioners alleged as excuse for their tardiness the recent recovery of the papers of the late Fausto Barredo from the possession of his lawyer who is now deceased. This ground insufficient, due to the availability, and knowledge by the petitioners, of the annotation at the back of the certificate of title of the mortgage embodying the instant claim, as well as the payment of P20,000.00 made by the Japanese military authorities. The order of the trial court allowing the late claim without justification, because under Section 2, Rule 8 of the Rules of Court, said court has no authority to admit a belated claim for no cause or for an insufficient cause. AMIN | CHA | JANZ | KRIZEL | VIEN
Villanueva v. PNB
Paredes, J. Quickie: PNB (Agusan branch) is a creditor of Pascual Villanueva since 1940. Pascual died in 1949. Letters of administration of his estate was issued in 1950 and the Notice to Creditors was duly published in the Morning Times of Cebu City, a newspaper of general circulation, in the same year setting the deadline for claims against Pascuals estate to be filed before November 1951. PNB filed its claim only on July 1953. Thus, the administrator moved that PNB be barred from enforcing its claim not only for failing to file the claim on time but also on the ground of prescription since more than 10 years have passed since the debt became due before PNB enforced the claim. PNB, for its part, filed a Petition for extension of time to file claim alleging that Sec. 2, R ule 87 allows the filing of claims even if the period stated in the notice to creditors elapsed, upon cause shown and on such terms as equitable; that its failure to present the claiming with the period stated in the notice was its lack of knowledge of administration proceedings, the notice having been published in the Morning Times, a newspaper of very limited circulation. PNB also claimed that its action is not barred by prescription because the Moratorium Law suspended the running of the prescriptive period. CFI Agusan disallowed PNBs claim. PNB appealed to the CA and the CA certified the case direct to the SC on the ground that the issues involve purely questions of law While it is quite true that the Courts can extend the period within which to present claims against the estate, even after the period limited in the Notice to Creditors has elapsed, such extension should be granted ONLY under special circumstances. IN THIS CASE, no justifiable reason was given for the extension. AND in any case, there was no period to extend since the same had already elapsed! The records also reveal, contrary to PNBs pretensions, that PNB had knowledge of the administration proceedings long before 1953. Thus, their failure to admit their claim on time is of their own making and shall not be countenanced. Having reached the above conclusions, it is no longer necessary to determine the question as to whether or not the Moratorium Law had suspended the prescriptive period for filing of the claim under consideration. The claim must be barred. Nature: Appeal from the decision of the CFI Agusan denying admission of PNBs claim against the decedents estate Facts: Pascual Villanueva died in 1949. Petitions for letters of administration was filed immediately thereafter by his widow Mauricia at the CFI Agusan. The petition was set for hearing and notices thereof were duly published in the Manila Bulletin on February and March 1950. At the end of said hearing, by agreement of all heirs, Atty. Ricaforte was appointed as administrator of Pascuals estate instead. In due course, letters of administration was issued to him and in November 1950, the Clerk of CFI Agusan issued a NOTICE TO CREDITORS containing the usual order of publication (once a week for 3 consecutive weeks), which was effected thru the Morning Times of Cebu City, a newspaper of general circulation.
Issue and Held: WON PNBs claim should be admitted NO! Ratio: A careful review of the record shows that PNB, contrary to its pretension, had knowledge of the present administration proceedings long before July 1953. This is evidenced by a payment made in favor of the deceased Pascual Villanueva from the Philippine War Damage Commission which was deposited in PNB Agusan in June 1951 by the administrator Admittedly, the claim was filed outside of the period provided for in the notice to creditors within which to present claims against the estate. The period fixed in the notice lapsed on November 1951 and the claim was filed on July 1953 or about 1 year and 8 months late.
46 DE LA CERNA SPECPRO DIGESTS 2011 This notwithstanding, PNB contends that it did not know of such administration proceedings. HOWEVER, it is to be noted that BOTH the petition for Letters of Administration and the Notice to Creditors were duly published in the Manila Daily Bulletin and in the Morning Times, respectively, which was a full compliance with the requirements of the Rules. Moreover, the supposed lack of knowledge of the proceedings on the p art of PNB had been belied by uncontested and eloquent evidence, consisting of a deposit of an amount of money by the administrator in 1951 It is quite true that the Courts can extend the period within which to present claims against the estate, even after the period limited has elapsed; but such extension should be granted under special circumstances. The lower did not find any justifiable reason to give the extension and for one thing, there was no period to extend, the same had elapsed. Having reached the above conclusions, We deem it necessary to determine the question as to whether or not the Moratorium Law had suspended the prescriptive period for filing of the claim under consideration. AMIN | CHA | JANZ | KRIZEL | VIEN
49 DE LA CERNA SPECPRO DIGESTS 2011 The reason for the more liberal treatment of claims for taxes against a decedent's estate in the form of exception from the application of the statute of non-claims, is not hard to find. o Taxes are the lifeblood of the Government and their prompt and certain availability are imperious need. o Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. To safeguard such interest, neglect or omission of government officials entrusted with the collection of taxes should not be allowed to bring harm or detriment to the people, in the same manner as private persons may be made to suffer individually on account of his own negligence, the presumption being that they take good care of their personal affairs. This should not hold true to government officials with respect to matters not of their own personal concern. This is the philosophy behind the government's exception, as a general rule, from the operation of the principle of estoppel. o As already shown, taxes may be collected even after the distribution of the estate of the decedent among his heirs Furthermore, as held in Commissioner of Internal Revenue vs. Pineda, supra, citing the last paragraph of Section 315 of the Tax Code payment of income tax shall be a lien in favor of the Government of the Philippines from the time the assessment was made by the Commissioner of Internal Revenue until paid with interests, penalties, etc. o By virtue of such lien, this court held that the property of the estate already in the hands of an heir or transferee may be subject to the payment of the tax due the estate. o A fortiori before the inheritance has passed to the heirs, the unpaid taxes due the decedent may be collected, even without its having been presented under Section 2 of Rule 86 of the Rules of Court. It may truly be said that until the property of the estate of the decedent has vested in the heirs, the decedent, represented by his estate, continues as if he were still alive, subject to the payment of such taxes as would be collectible from the estate even after his death. Thus in the case above cited, the income taxes sought to be collected were due from the estate, for the three years 1946, 1947 and 1948 following his death in May, 1945. Even assuming arguendo that claims for taxes have to be filed within the time prescribed in Section 2, Rule 86 of the Rules of Court, the claim in question may be filed even after the expiration of the time originally fixed therein, as may be gleaned from the italicized portion of the Rule herein cited which reads: Section 2. Time within which claims shall be filed. - In the notice provided in the preceding section, the court shall state the time for the filing of claims against the estate, which shall not be more than twelve (12) nor less than six (6) months after the date of the first publication of the notice. However, at any time before an order of distribution is entered, on application of a creditor who has failed to file his claim within the time previously limited the court may, for cause shown and on such terms as are equitable, allow such claim to be flied within a time not exceeding one (1) month. (Emphasis supplied) AMIN | CHA | JANZ | KRIZEL | VIEN In the instant case, petitioners filed an application (Motion for Allowance of Claim and for an Order of Payment of Taxes) which, though filed after the expiration of the time previously limited but before an order of the distribution is entered, should have been granted by the respondent court, in the absence of any valid ground, as none was shown, justifying denial of the motion, specially considering that it was for allowance Of claim for taxes due from the estate, which in effect represents a claim of the people at large, the only reason given for the denial that the claim was filed out of the previously limited period, sustaining thereby private respondents' contention, erroneously as has been demonstrated.
WHEREFORE, the order appealed from is reverse. Since the Tax Commissioner's assessment in the total amount of P3,254.80 with 5 % surcharge and 1 % monthly interest as provided in the Tax Code is a final one and the respondent estate's sole defense of prescription has been herein overruled, the Motion for Allowance of Claim is herein granted and respondent estate is ordered to pay and discharge the same, subject only to the limitation of the interest collectible thereon as provided by the Tax Code. No pronouncement as to costs.
Issue/Held: Whether or not the claim was timely filed and presented and that such filing became final NO.
51 Ratio: The court found as a fact that in the De los Santos vs. Reyes case, supra, there was a substantial compliance with all of the statutory requirements, and the decision in that case was based upon that fact. But there is a marked distinction between the facts there and those in the instant case. Here, all of the parties in interest were minors. The evidence is conclusive that at the time the alleged claim was allowed, Tan Kim Hong was only twelve years of age, and that all of the other parties were minors. There is no claim or pretense that Tan Kim Hong had a guardian or that anyone had the legal authority to appear for and present his claim or to represent him, or that his claim was ever presented. There is no claim or pretense that any of the parties in interest had any knowledge of the fact that the claim was presented and allowed before they came to Manila from China in September, 1922. As a matter of fact, there is no evidence that the claim in question in any manner, shape or form was ever presented to the commissioners by anyone. For aught that appears in the record, the claim was allowed by the commissioners on their own motion and of their own volition. It also appears that the entries which were made in the books of the deceased were made by his bookkeeper, and there is nothing to show that they were made by the authority of the deceased. It is very significant that the will of the deceased was made sometime after the entries were made, and that no reference whatever is made in the will to the claim in question. A judgment is the law's last word in a judicial controversy. It may therefore be defined as the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it in an action or proceeding. A more precise definition is that a judgment is the conclusion of the law upon the matters contained in the record, or the application of the law to the pleadings and to the facts, as found by the court or admitted by the parties, or deemed to exist upon their default in a course of judicial proceedings. It should be noted that only is a judgment which is pronounced between the parties to an action upon the matters submitted to the court for decision. . . . In the instant case there was not claim made, filed or presented by anyone. Legally speaking, the allowance of the claim would be like rendering a judgment without the filing of a complaint, or even the making or presentment of a claim. Upon the facts shown, to legalize the allowance of the claim with all of the formalities and requisites of a final judgment, would be a travesty upon justice. It appears from the record before us that the commissioners did not have any jurisdiction to allow the claim; that as to the claim in question their proceedings were null and void ab initio, and hence they were not res judicata, and in addition to that, it clearly appears that the allowance of the claim was a fraud upon the appellee. DE LA CERNA SPECPRO DIGESTS 2011 AMIN | CHA | JANZ | KRIZEL | VIEN
53 DE LA CERNA SPECPRO DIGESTS 2011 executor or administrator may bring against the claimants. (1st sentence, Section 5, Rule 86 of the Rules of Court) Consequently, the respondent court, correctly nullified its order of execution pursuant to the judgment which became final and executory and the corresponding levy on execution and the public auction sale held. The judgment for money against the deceased stands in the same footing as: All claims for money against the decedent, arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses for the last sickness of the decedent, (1st sentence, Sec. 5, Rule 86 of the Rules of Court), Rule 86 of the Rules of Court), although the validity of the money claim covered by a judgment against the decedent which has already become final and executory can no longer be litigated in the court where administration proceedings for the settlement of the properties of the deceased are still pending, unlike the other money claims whose validity may yet be challenged by the executor or administrator. In the case of Aldamiz vs. Judge of the Court of First Instance of Mindoro, promulgated on December 29, 1949 (85 Phil. 228), We already held that the writ of execution was not the proper procedure for the payment of debts and expenses of the administration. The proper procedure is for the court to order the administratrix to make the payment; and if there is no sufficient cash on hand, to order the sale of the properties and out of the proceeds to pay the debts and expenses of the administration. We followed the same ruling in the case of Domingo vs. Garlitos, June 29, 1963, 8 SCRA 443, with respect to the payment of estate and inheritance taxes. Execution may issue only where the devisees, legatees or heirs have entered into possession of their respective portions in the estate prior to settlement and payment of the debts and expenses of administration and it is later ascertained that there are such debts and expenses to be paid, in which case "the court having jurisdiction of the estate may, by order for that purpose, after hearing, settle the amount of their several liabilities, and order how much and in what manner each person shall contribute, and may issue execution if circumstances require" (Rule 39, section 6; see also Rule 74, section 4; Emphasis ours). And this is not the instant case. We hold that the same rule must be applied in connection with money judgments against the deceased that have already become final, such as the money judgment in favor of petitioner Paredes. No writ of execution should issue against the properties of the deceased. The claim for satisfaction of the money judgment should be presented in the probate court for payment by the administrator. The legal basis for such a procedure is the fact that in the testate or intestate proceedings to settle the estate of a deceased person, the properties belonging to the estate are under the jurisdiction of the court and such jurisdiction continues until said properties have been distributed among the heirs entitled thereto. During the pendency of the proceedings all the estate is in custodia legis and the proper procedure is not to allow the sheriff, in the case of court judgment, to seize the properties but to ask the court for an order to require the administrator to pay the amount due from the estate and required to be paid." (Domingo vs. Garlitos, et al., June 29, 1963,8 SCRA, 443, 446) In this jurisdiction, a void judgment or order is in legal effect no judgment or order. By it no rights are divested. From it no rights can be obtained. Being worthless, it AMIN | CHA | JANZ | KRIZEL | VIEN neither binds nor bars anyone. All acts performed under it and all claims flowing from it are void. (Chavez vs. Court of Appeals, et al., L-29169, August 19, 1968, 24 SCRA 663). Our decision in this case against the petitioner Paredes binds his co-petitioner Victorio G. Ignacio not only because the order of execution and the public auction sale in question are null and void, but also because petitioner Ignacio cannot be considered as a purchaser in good faith, for Ignacio purchased the "Right of Execution Sale" of Paredes over the property in question on October 10, 1973 when, at that time, the respondent administratrix of the estate of Kuntze had already filed on September 6, 1973 a motion to quash the Writ of Execution and auction sale; as a matter of fact the validity of said writ of execution was still up for respondent court's resolution on October 14, 1973 after the parties shall have submitted memoranda on the question raised in the aforesaid motion as required by the respondent court in its order of September 29, 1973.
De Bautista v. de Guzman
Gutierrez, Jr., J. Quickie: Numeriano Bautista was passenger of a jeepney owned by Rosendo de Guzman. The jeepney turned turtle along Pasay Ave. which caused Numerianos death. The jeepney driver was tried and sentenced with imprisonment as well as to pay indemnity of P3,000 to Numerianos heirs. Driver failed to pay indemnity. Thus, heirs of Numeriano (de Bautista, et al.) sued Rosendos heirs de Guzman, et al. (Rosendo died in the meantime) for subsidiary liability. De Guzman, et al. moved to dismiss on the grounds of lack of cause of action and no jurisdiction. They maintained that de Bautista, et al.s suit was for a money claim against the supposed debtor who was already dead (Rosendo) and as such it should be filed in testate or intestate proceedings or, in the absence of such proceedings, after the lapse of thirty (30) days, the creditors should initiate such proceedings. Not having presented their claims during the settlement proceedings of Rosendos estate which had previously been closed, trial court granted MTD and dismissed the case. Undaunted, de Bautista, et al. filed a 2 nd complaint against de Guzman, et al. containing the same allegations as the first case but with new ones respecting Rosendos settlement proceedings. De Guzman, et al again moved to dismiss the 2nd complaint this time adding res judicata as one of the grounds. Oddly, the trial court did not dismiss. Instead, it gave due course to the 2 nd complaint and ultimately awarded indemnity in favor of de Bautista, et al. but without the damages prayed for pursuant to Sec. 5, Rule 86~ hence, this appeal De Bautista, et al. lost their right to recover because of negligence and a failure to observe mandatory provisions of the law and the Rules, particularly Rule 86, Sec. 5 which requires that creditors of a decedent must proffer their claim against the estate during the testate or intestate proceedings, or if there is none, should commence the same for that purpose. This rule is MANDATORY. The requirement abovementioned is for the purpose of protecting the estate of the deceased. The executor or administrator is informed of the claims against it, thus enabling him to examine each claim and to determine whether it is a proper one which should be allowed. The failure of de Bautista, et al. to present their claims before the intestate proceedings of the estate of Rosendo de Guzman within the prescribed period constituted a bar to a subsequent claim against the estate or a similar action of the same import Nature: Appeal from the decision of the CFI Pasay, ordering the defendants-appellants (de Guzman, et al.) to pay the plaintiffs-appellees (de Bautista, et al.) damages and attorney's fees and dismissing the de Guzman's counterclaim. As no questions of facts were raised, the Court of Appeals certified this case to SC for decision. Facts: Numeriano Bautista, husband and father of the plaintiffs-appellees (de Bautista, et al.) was a passenger of jeepney owned and operated by Rosendo de Guzman, deceased husband and father of defendants-appellants (de Guzman, et al.)
Issue and Held: WON CFI Pasay erred in giving due course to de Bautista, et al.s 2 nd complaint YES!
55 Ratio: De Bautista, et al. lost their right to recover because of negligence and a failure to observe mandatory provisions of the law and the Rules. They overlooked the fact that they were no longer suing Rosendo de Guzman who died shortly after the accident but his heirs. Section 5, Rule 86 of the Rules of Court provides: All claims for money against the decedent arising from contract, express or implied, whether the same be due, not due, or contingent, all claims for funeral expenses and expenses for the last sickness of the decedents, and judgment for money against the decedent, must be filed within the time in the notice; otherwise they are barred forever; except that they may be set forth as counterclaims in any action that the executor or administrator may bring against the claimants ... Claims not yet due, or contingent, may be approved at their present value. This rule is mandatory The requirement abovementioned is for the purpose of protecting the estate of the deceased. The executor or administrator is informed of the claims against it, thus enabling him to examine each claim and to determine whether it is a proper one which should be allowed. Therefore, upon the dismissal of the first complaint of de Bautista, et al. they should have presented their claims before the intestate proceedings filed in the same court. Instead of doing so, however, de Bautista, et al. slept on their right. They allowed said proceedings to terminate and the properties to be distributed to the heirs pursuant to a project of partition before instituting this separate action. Such course of action by de Bautista, et al. is not sanctioned by the above rule for it strictly requires the prompt presentation and disposition of claims against the decedent's estate in order to settle the affairs of the estate as soon as possible, pay off its debts and distribute the residue. The failure of de Bautista, et al. to present their claims before the intestate proceedings of the estate of Rosendo de Guzman within the prescribed period constituted a bar to a subsequent claim against the estate or a similar action of the same import Therefore, it was an error on the part of the trial court to hold that de Bautista, et al. had a cause of action against de Guzman, et al. who are the heirs of the deceased against whom the liability is sought to be enforced, much less take cognizance of the complaint. As in the first complaint, said court could not have assumed jurisdiction over the second case for the simple reason that it was no longer acting as a probate court which was the proper forum to file such complaint. The termination of the intestate proceedings and the distribution of the estate to the heirs did not alter the fact that de Bautista, et al.'s claim was a money claim which should have been presented before the probate court. The liability of the late Rosendo de Guzman arose from the breach of his obligations under the contract of carriage between him and the unfortunate passenger. The obligations are spelled out by law but the liability arose from a breach of contractual obligations. The resulting claim is a money claim. The only instance wherein a creditor can file an action against a distributee of the debtor's asset is under Section 5, Rule 88 of the Rules of Court which provides: If such contingent claim becomes absolute and is presented to the court, or to the executor or administrator, within two (2) years from the time limited for other creditors to present their claims, it may be allowed by the court if not disputed by the DE LA CERNA SPECPRO DIGESTS 2011 AMIN | CHA | JANZ | KRIZEL | VIEN executor or administrator, and, if disputed, it may be proved and allowed or disallowed by the court as the facts may warrant. If the contingent claim is allowed, the creditor shall receive payment to the same extent as the other creditors if the estate retained by the executor or administrator is sufficient. But if the claim is not so presented, after having become absolute, within said two (2) years, and allowed, the assets retained in the hands of the executor or administrator, not exhausted in the payment of claims, shall be distributed by the order of the court to the persons entitled to the same; but the assets so distributed may still be applied to the payment of the claim when established, and the creditor may maintain an action against the distributees to recover the debt, and such distributees and their estates shall be liable for the debt in proportion to the estate they have respectively received from the property of the deceased. HOWEVER, even under the above rule, the contingent claims must first have been established and allowed in the probate court before the creditors can file an action directly, against the distributees. Such is not the situation in the case at bar. The complaint herein was filed AFTER the intestate proceedings had terminated and the estate finally distributed to the heirs. If we are to allow the complaint to prosper and the trial court to take cognizance of the same, then the rules providing for the claims against the estate in a testate or intestate proceedings within a specific period would be rendered nugatory as a subsequent action for money against the distributees may be filed independently of such proceedings. This precisely is what the rule seeks to prevent so as to avoid further delays in the settlement of the estate of the deceased and in the distribution of his property to the heirs, legatees or devisees. Furthermore, even assuming that de Bautista, et al. had no knowledge of the intestate proceedings which is not established, the law presumes that they had such knowledge because the settlement of estate is a proceeding in rem and therefore the failure to file their claims before such proceedings barred them from subsequently filing the same claims outside said proceedings.
In the case at bar, after the estate of Rosendo had been judicially settled and closed, heirs of Numeriano had sued defendant heirs of Rosendo in a separate action, before the CFI Pasay (a) for settlement of the subsidiary liability of P3,000, (b) as well as for damages resulting from the death of Numeriano. Trial court gave judgment to de Bautista, et al. for the P3,000 but did not grant the claim for damages pursuant to the provisions of Section 5, Rule 86 The civil liability adjudged in the criminal case, and for which Rosendo de Guzman or his estate became subsidiary liable, is plainly a money claim. On the other hand, any direct liability of Rosendo de Guzman or his estate, for damages for the death of the passenger Numeriano, is not a claim for damages for injury to person, which should be filed under Section 1, Rule 87. Rosendo de Guzman was not personally responsible for the death of Numeriano. The claim of the heirs of Numeriano is one arising from the contract of transportation. A claim for damages arising from breach of contract is within the purview of Section 5, Rule 86. The claim of heirs of Numeriano should have been presented in the judicial proceedings for the settlement of the estate of Rosendo de Guzman and, not having been so presented, has already been barred. It was clear error on the part of the Trial Court not to have summarily dismissed the complaint for lack of cause of action.
57 DE LA CERNA SPECPRO DIGESTS 2011 or administrator for such real estate, which shall be valid as if the deed had been executed by the deceased in his lifetime. In the present case, it is undisputed that the conditions under the rule have been complied with. It follows that we must consider Sec. 7 of Rule 86, appropriately applicable to the controversy at hand. Case law now holds that this rule grants to the mortgagee three distinct, independent and mutually exclusive remedies that can be alternatively pursued by the mortgage creditor for the satisfaction of his credit in case the mortgagor dies, among them: (a) to waive the mortgage and claim the entire debt from the estate of the mortgagor as an ordinary claim; (b) to foreclose the mortgage judicially and prove any deficiency as an ordinary claim; and (c) to rely on the mortgage exclusively, foreclosing the same at any time before it is barred by prescription without right to file a claim for any deficiency. Perez v. Philippine National Bank reversing Pasno vs. Ravina - The dissenting opinion in Pasno vs. Ravina is more in conformity with reason and law. Of the three alternative courses that section 7, Rule 87 (now Rule 86), offers the mortgage creditor, to wit, (1) to waive the mortgage and claim the entire debt from the estate of the mortgagor as an ordinary claim; (2) foreclose the mortgage judicially and prove any deficiency as an ordinary claim; and (3) to rely on the mortgage exclusively, foreclosing the same at any time before it is barred by prescription, without right to file a claim for any deficiency, the majority opinion in Pasno vs. Ravina, in requiring a judicial foreclosure, virtually wipes out the third alternative conceded by the Rules to the mortgage creditor, and which would precisely include extra-judicial foreclosures by contrast with the second alternative. dissent in Pasno: When account is further taken of the fact that a creditor who elects to foreclose by extrajudicial sale waives all right to recover against the estate of the deceased debtor for any deficiency remaining unpaid after the sale it will be readily seen that the decision in this case (referring to the majority opinion ) will impose a burden upon the estates of deceased persons who have mortgaged real property for the security of debts, without any compensatory advantage. The plain result of adopting the last mode of foreclosure is that the creditor waives his right to recover any deficiency from the estate. Following the Perez ruling that the third mode includes extrajudicial foreclosure sales, the result of extrajudicial foreclosure is that the creditor waives any further deficiency claim. Clearly PNB has chosen the mortgage-creditors option of extrajudicially foreclosing the mortgaged property of the Chuas. This choice now bars any subsequent deficiency claim against the estate of the deceased, Antonio M. Chua. Petitioner may no longer avail of the complaint for the recovery of the balance of indebtedness against said estate, after petitioner foreclosed the property securing the mortgage in its favor. It follows that in this case no further liability remains on the part of respondents and the late Antonio M. Chuas estate. AMIN | CHA | JANZ | KRIZEL | VIEN
Issue/Held: W/N Pambusco's claim properly admitted by the probate court YES. Ratio: It will be remembered that at the time Encarnacion Elchico Vda. de Fernando died, the civil case against her and the other defendant Valentin Fernando had not yet been decided by the Court of First Instance of Manila. That case, however, was prosecuted with the assent of the administrator of her estate to final conclusion. o This situation brings to the fore a consideration of Section 21, Rule 3 of the Rules of Court, which reads: SEC. 21. Where claim does not survive. When the action is for recovery of money, debt or interest thereon, and the defendant dies before final judgment in the Court of First Instance, it shall be dismissed to be prosecuted in the manner especially provided in these rules. The Philosophy behind the rule which provides for the dismissal of the civil case is that, upon the death of defendant, all money claims should be filed in the testate or interstate proceedings "to avoid useless duplicity of procedure." Obviously, the legal precept just quoted is procedural in nature. It outlines the method by which an action for recovery of money, debt or interest may continue, upon the terms therein prescribed. Whether the original suit for the recovery of money as here proceeds to its conclusion, or is dismissed and the claim covered thereby filed with the probate court, one thing is certain: no substantial rights of the parties are prejudiced. At the time of the death of defendant Encarnacion Elchico Vda. de Fernando, plaintiff Pambusco had already closed its evidence and submitted its case. Her administrator substituted. By this substitution, the estate had notice of the claim. The estate was thus represented. o The administrator did not complain of the substitution. o At no time did the estate of the deceased impugn the authority of the regular courts to determine the civil case. o Much less did it seek abatement of the civil suit.
59 DE LA CERNA SPECPRO DIGESTS 2011 o On the contrary, its administrator took active steps to protect the interests of the estate. He joined issue with plaintiff. He filed an amended answer. He counterclaimed. He went to trial. Defeated in the Court of First Instance, he appealed to the Court of Appeals. He even elevated that civil case to this Court. Now that the judgment has become final, the estate cannot be heard to say that said judgment reached after a full dress trial on the merits will now go for naught. o The estate has thus waived its right to have Pambusco's claim re-litigated in the estate proceedings. o For, though presentment of probate claims is imperative, it is generally understood that it may be waived by the estate's representative, And, waiver is to be determined from the administrator's "acts and conduct." 9 Certainly, the administrator's failure to plead the statute of nonclaims, his active participation, and resistance to plaintiff's claim, in the civil suit, amount to such waiver. Courts are loathe to overturn a final judgment. Judicial proceedings are entitled to respect. Non quieta movere. Plaintiff's claim has passed the test in three courts of justice: the Court of First Instance, the Court of Appeals and this Court. The judgment in plaintiff's favor should be enforced. Appellants' technical objection after judgment had become final in the civil case that plaintiff's claim should have been litigated in the probate court does not impair the validity of said judgment. For, such objection does not go into the court's jurisdiction over the subject matter. Of course, it is correct to say that upon the demise a defendant in a civil action planted on a claim which does not survive, such claim should be presented to the probate court for allowance, if death occurs before final judgment in the Court of First Instance. o But, procedural niceties aside, the revival of the civil action against the administrator, the decedent's representative, "is generally considered equivalent to presentation" of such claim in probate court, "dispenses with the actual presentation of the claim." o The soundness of this proposition commands assent. Because, the administrator represent the deceased's estate itself, is an alter ego of the heirs. More than this, he is an officer of the probate court.17 In the circumstances, presentment of Pambusco's 1950 claim ad abundantiorem cautelam was at best reduced to a mere formality. It matters not that Pambusco's said claim was filed with the probate court without the six-month period from March 25, 1955, set forth in the notice to creditors. For, Section 2, Rule 86, permits acceptance of such belated claims. Says Section 2: SEC. 2. Time within which claims shall be filed. In the notice provided in the preceding section, the court shall state the time for the filing of claims against the estate, which shall not be more than twelve (12) nor less than six (6) months after the date of the first publication of the notice. However, at any time before an order of distribution is entered, on application of a creditor who has failed to file his claim within the time previously limited, the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a tune not exceeding one (1) month. AMIN | CHA | JANZ | KRIZEL | VIEN Here, the claim was filed in the probate court on February 25, 1959, while the defendants in the civil case were still perfecting their appeal therein. The record does not show that the administrator objected thereto upon the ground that it was filed out of time. The pendency of that case, we are persuaded to say, is a good excuse for tardiness in the filing of the claim. 19 And, the order of final distribution is still to be given. Besides, the order of the lower court of March 18, 1961 allowing payment of appellee's claim "impliedly granted said appellee an extension of time within which to file said claim." 20 The probate court's discretion has not been abused. It should not be disturbed. 21
For the reasons given, we vote to affirm the order of the lower court of March 13, 1961 and May 24, 1961, under review. Costs against appellants. So ordered.
Issue/Held: whether or not plaintiff-appellant is barred from foreclosing the real estate mortgage after it has elected to sue and obtain a personal judgment against the defendant-appellee on the promissory note for the payment of which the mortgage was constituted as a security. YES Ratio: A party who sues and obtains a personal judgment against a defendant upon a note, waives thereby his right to foreclose the mortgage securing it. section 708 of our Code of Civil Procedure which provides that a creditor holding a claim against the deceased, secured by a mortgage or other collateral security, has to elect between enforcing such security or abandoning it by presenting his claim before the committee and share it in the general assets of the estate. Under this provision, It has been uniformly held by this court that, if the plaintiff elects one of the two remedies thus provided, he waives the other, and if he fails, he fails utterly. even if we have no such section 708 of our Code of Civil Procedure, or section 59 of the Insolvency Law, we have still the rule against splitting a single cause of action. For non-payment of a note secured by mortgage, the creditor has a single cause of action against the debtor. This single cause of action consists in the recovery of the credit with execution of the security. In other words, the creditor in his action may make two demands, the payment of the debt and the foreclosure of his mortgage. But both demands arise from the same cause, the non-payment of the debt, and, for that reason, they constitute a single cause of action. Though the debt and the mortgage constitute separate agreements, the latter is subsidiary to the former, and both refer to one and the same obligation. Consequently, there exists only one cause of action for a single breach of that obligation. Plaintiff, then, by applying the rule above stated, cannot split up his single cause of action by filing a complaint for payment of the debt, and thereafter another complaint for foreclosure of the mortgage. If he does so, the filing of the first complaint will bar the subsequent complaint. By allowing the creditor to file two separate complaints simultaneously or successively, one to recover his credit and another to foreclose his mortgage, we will, in effect, be authorizing him plural redress for a single breach of contract at so much cost to the courts and with so much vexation and oppression to the debtor. in the absence of express statutory provisions, a mortgage creditor may institute against the mortgage debtor either a personal action for debt or real action to foreclose the mortgage. In other words, he may pursue either of the two remedies, but not both. Thus, an election to bring personal action will leave open to him all the properties of the debtor for attachment and execution, even including the mortgaged property itself. And, if he waives such personal action and pursues his remedy against the
61 DE LA CERNA SPECPRO DIGESTS 2011 mortgaged property, an unsatisfied judgment thereon would still give him the right to sue for a deficiency judgment, in which case, all the properties of the defendant, other than the mortgaged property, are again open to him for the satisfaction of the deficiency. In either case, his remedy is complete, his cause of action undiminished, and any advantages attendant to the pursuit of one or the other remedy are purely accidental and are all under his right of election. IMPERIAL, J., dissenting: The only existing prohibition against the simultaneous or alternative institution of the two cumulative actions available to a real estate mortgagee is found in section 708 of the Code of Civil Procedure providing that the filing of a claim against the property of a deceased person, secured by a mortgage, implies the waiver of the latter, and the creditor cannot thereafter make use of his right to bring a real action, and vice versa. But this rule is only applicable to actions arising from mortgages upon property of deceased persons. In other cases the mortgagee may not only bring real and personal actions but may avail himself thereof successively as long as the indebtedness, upon the commencement of the second action, has not been fully paid. If a contract of real estate mortgage, by its nature, necessarily includes two distinct and separate contracts, namely, the loan and the mortgage, it is obvious and undoubted that the creditor has also two independent and separate rights, to wit, to recover the debt and to foreclose the mortgage; and if he has two rights it cannot be denied that two actions or causes of action are available to him upon the principle that for every right he has necessarily a corresponding action, and the latter is the correlative of the former. For this reason section 256 of our Code of Civil Procedure provides that the judgment rendered in a foreclosure suit should require, first, that the debtor against whom judgment is rendered should pay his indebtedness to the creditor or deposit it in court, and , secondly, that in default thereof, the mortgaged property should be sold. This procedure marked out for the foreclosure of a mortgage merely corroborates and executes the fundamental idea that a mortgage implies two contracts giving rise to two rights in favor of the creditor who is also entitled to two actions or two causes of action. It is, consequently, incorrect to state and lay down as a doctrine of the Supreme Court that in a contract of real estate mortgage there is, under the law, but one action, that upon the mortgage. To strengthen the doctrine sought to be established, the majority decision applies the rule of splitting of actions. This is another objectionable feature of the majority decision. The rule of the procedure relied upon is no applicable to the present case because it refers solely to those where is only one action or cause of action. In the case under consideration it has already been shown that there are two causes of action, for the enforcement of which there is no need of dividing or separating them as they are already separate and independent. In truth, what is intended to be applied to the case is the rule of merger of actions because with the doctrine desired to be established it is sought to enunciate the rule that from two separate and independent actions arising from the complex contract of mortgage, not more than one of them can be instituted, which, as we have said, is not supported by any law, express or implied, in this jurisdiction. For the foregoing reasons, I dissent from the majority decision and vote to reverse the appealed judgment. AMIN | CHA | JANZ | KRIZEL | VIEN
Soriano v. Parsons
CASTRO, J. Nature: Appeal from order of CFI Quickie: Administrator v Mortgagee, disputing over validity of the foreclosure sale. Administrator says that mortgagee already elected an option under sec. 7 of Rule 86 so he can no longer use foreclosure as remedy. SC says the mortgagee is not barred. Election by the creditor of any of the 3 options is not jurisdictional, and as long as no positive forward step has been taken by him in pursuance of the option already chosen, he is not precluded from dropping the option already chosen and resorting to any of the 2 other options available to him. Facts: Parsons Hardware Co. Inc. was the holder of 2 mortgage deeds over 4 parcels of land executed by the spouses Claro Soriano and Irene Quilao. After Sorianos death, Quirino Soriano was appointed administrator of Claro s estate Company filed a Contingent Claim Against the Estate; basis: various debts owing to it by the spouses 4 years later: Company sent a letter to the provincial sheriff of Cavite, requesting him to foreclose the mortgages extrajudicially; sheriff scheduled the public auction, but was postponed. Thereafter the public sale was held as scheduled and to the Company, which was the only bidder, were sold the mortgaged properties. One year after the public sale, Quirino lodged the present complaint claiming that the foreclosure sale was void because the Company, having priorly elected to pursue its claim in the intestate proceeding s, could not in law be permitted to turn around and pursue the remedy of extrajudicial foreclosure. Lower Court: dismissed the complaint Issue/Held: WON the Company, having priorly elected to pursue its claim in the intestate proceeding s, could not in law be permitted to turn around and pursue the remedy of extrajudicial foreclosure - NO
Issue and Held: WON respondent Judge Castaneda abused his discretion, amounting to lack of jurisdiction, in delegating the execution of a judgment to the probate court which has no jurisdiction to enforce a lien on property YES! Ratio: The saving clause in Sec. 7, Rule 86, which Judge Castaneda required to be performed and the observance of which he gave as reason for setting aside the writ of execution, and in delegating the authority to execute the judgment in the foreclosure proceedings to the probate court, DOES NOT confer jurisdiction upon the probate court, of limited jurisdiction, to enforce a mortgage lien. Nor can it be relied upon as a ground to delegate the execution of the judgment of foreclosure to the probate court. Section 7 of Rule 86 merely reserves a right to the executor or administrator of an estate to redeem a mortgaged or pledged property of a decedent which the
64 DE LA CERNA SPECPRO DIGESTS 2011 mortgage or pledgee has opted to foreclose, instead of filing a money claim with the probate court. While the redemption is subject to the approval of the probate court, the exercise of the right is discretionary upon the said executor or administrator and may not be ordered by the probate court upon its own motion. Besides, the action filed herein is for the foreclosure of a mortgage, or an action to enforce a lien on property. Under Sec. 1, Rule 87, it is an action which survives. Being so, the judgment rendered therein may be enforced by a writ of execution. An action to enforce a lien on property may be prosecuted by the interested person against the executor or administrator independently of the testate or intestate proceedings "for the reason that such claims cannot in any just sense be considered claims against the estate, but the right to subject specific property to the claim arises from the contract of the debtor whereby ha has during life set aside certain property for its payment, and such property does not, except in so far as its value may exceed the debt, belong to the estate Since the mortgaged property in question does not belong to the estate of the late Salvador Danan, according to the foregoing rule, the conclusion is reasonable that the probate court has no jurisdiction over the property in question, and that the respondent Judge had abused his discretion in delegating the execution of the judgment to the probate court. The fact that the defendant Salvador Danan died before, and not after the decision of the CA became final and executory will not nullify the writ of execution already issued. The successors of the decedent contended that the writ of execution issued was void because contrary to Section 7, Rule 39, the defendant died before, not after, the entry of judgment. This argument is unacceptable. Section 7 of Rule 39 cannot be so construed as to invalidate the writ of execution already issued in so far as service thereof upon the heirs or successors-in-interest of the defendant is concerned. It merely indicates against whom the writ of execution is to be enforced when the losing party dies after the entry of judgment or order. Nothing therein, nor in the entire Rule 39, intimates that a writ of execution issued after a party dies, which death occurs before entry of the judgment, is a nullity. The writ may yet be enforced against his executor or administrator, if there be any, or his successors-in-interest. AMIN | CHA | JANZ | KRIZEL | VIEN judgment, date of judgment, writ) and, should there be no such payment, judgment, sheriff was commanded to sell judgment, mortgaged properties at public auction. At this juncture, it should be observed, that section 2, Rule 68 provides that trial court after hearing shall order that the mortgage debt should be paid into court "Within a period of not less than ninety (90) days from judgment, date of judgment, service of such order". This provision cannot be literally complied with in case the mortgagor appeals from the lower court's judgment. It would seem that the period for judgment, payment to judgment, court of judgment, mortgage debt should be reckoned from judgment, date of judgment, entry of judgment. In the instant case, it may be repeated that the trial court ordered payment of the mortgage debt within ninety days "from date", without specifying what date is contemplated The clerk of court in the writ of execution interpreted that phrase as ninety days from the date of the writ. The trial court justified that order by citing Sec. 7, Rule 86 that in case judgment mortgagor dies, the executor or administrator of his estate may redeem the mortgaged property under the direction of the probate court. In the trial courts view, in order to implement that provision, the probate court has to be apprised of the mortgage debt so that it can decide whether the mortgaged property should be sold at public auction this interpretation of section 7 of Rule 86 is erroneous! When the mortgagor, Dominador Danan, died during the pendency of his appeal, the action for foreclosure was not extinguished because the claim against him is NOT a pure money claim but an action to enforce a mortgage lien. It is an action which survived his death and which can proceed independently of the intestate proceeding for the settlement of his estate The situation in the instant case is not the one contemplated in Section 7 of Rule 86 which refers to a case where the mortgagor is already dead at the time the mortgagee decides to enforce his mortgage to lien. In this case, one of the mortgagors, Mrs. Danan, survived her husband and is a defendant in the foreclosure proceeding. She is also the administratrix of her husband's estate. She should be substituted for her deceased husband in the foreclosure case. The writ of execution should be served upon her. It is then incumbent upon her to appraise the probate court whether the mortgaged properties should be redeemed and to suggest to the probate court how funds could be raised for that purpose. That is how the provision in section 7, Rule 86 may be implemented. The directive in the writ of execution is a directive to redeem the mortgaged properties within the ninety-day period. Finally, the contention that the mortgaged properties cannot be sold at public auction because they are in custodia legis in the inestate proceeding is wrong. If the said properties are in custodia legis then it is the San Fernando branch. where the foreclosure case is pending, that has custody of the said properties. At any rate, it should be noted that properties in custodia legis may now be attached (Last par. of sec, 7, Rule 57)
Aquino, J., concurring: The trial court acted correctly in issuing the writ of execution. And it erred in subsequently setting aside that writ and in directing that judgment "be served to the administrator" of the intestate estate of Dominador Danan (said administratrix is also a party in the foreclosure proceeding), "thru judgment, intestate court", "for judgment, execution of said judgment." It is to be noted that during the pendency of judgment on appeal before the CA, Dominador Danan died BUT his death was not promptly reported to the court. In fact, in the petition for certiorari filed with the SC contesting the CA decision, Dominador was made a petitioner, as if he was still alive! In 1971, an intestate proceeding was filed for judgment, settlement of Dominador Danan's estate. His wife, Adoracion Vitug-Danan was named administratrix In 1975, Judge Castaneda issued a writ of execution requiring mortgagors Sps. Danan to pay the mortgage debt, plus interest, "within 90 days from date" (meaning