SUCCESSION DIGEST PRELIM #12

2. Obtaines a loan of P700, 000 from the Rural Bank over

the same properties [Real Estate Mortgage]

G.R. No. 129008

January 13, 2004

TEODORA A. RIOFERIO, VERONICA O. EVANGELISTA

assisted by her husband ZALDY EVANGELISTA, ALBERTO
ORFINADA, and ROWENA O. UNGOS, assisted by her
husband
BEDA
UNGOS, petitioners,
vs.
COURT OF APPEALS, ESPERANZA P. ORFINADA, LOURDES
P. ORFINADA, ALFONSO ORFINADA, NANCY P. ORFINADA,
ALFONSO
JAMES
P.
ORFINADA,
CHRISTOPHER
P.
ORFINADA and ANGELO P. ORFINADA,respondents.

FACTS:
May 13, 1995: Alfonso [Jr.] died without a will, leaving several
personal and real properties [Dagupan City & Kalookan City].
Alfonso left as his heirs, his widow, R Esperanza and their 7
children [Lourdes, Alfonso Clyde, Nancy, Alfonso James,
Christopher, Alfonso Mike (deceased) and Angelo]
Alfonso also left a paramour and their children, who are the
petitioners [Teodora = Veronica, Alberto, Rowena]

November 14, 1995: Rs Alfonso James and Lourdes discovered

that P Teodora and her children:
1. Executed an Extrajudicial Settlement of Estate of a
Deceased Person with Quitclaim, involving the properties of
the estate of the decedent in Dagupan City; COT were
issued

December 1, 1995: R Alfonso Clyde filed a Petition for Letters of

Administration, praying that the letters of administration
encompassing the estate of Alfonso be issued to him.

December 4, 1995: Respondents filed a:

1. Complaint for the Annulment/Rescission of Extra Judicial
Settlement of Estate of a Deceased Person with Quitclaim,
2. Real Estate Mortgage and Cancellation of Transfer
Certificate of Titles with Nos. 63983, 63985 and 63984 and
3. Other
petitioners

Related

Documents

with

Damages

against

Petitioners answered that the:

1. Property originally belonged to the parents of Teodora
2. Titles thereof were delivered to her as an advance
inheritance but the decedent registered them in his name
Petitioners raised the affirmative defense that Rs are not the real
parties-in-interest but rather the Estate of Alfonso

ISSUE: W/N the heirs may bring suit to recover property of

the estate pending the appointment of an administrator
YES

ISSUE: W/N the heirs have legal standing to prosecute the

rights belonging to the deceased subsequent to the
commencement of the administration proceedings - YES

Even if administration proceedings have already been

commenced, the heirs may still bring the suit if an administrator
has not yet been appointed.
Even if there is an appointed administrator, jurisprudence
recognizes two exceptions:
(1) if the executor or administrator is unwilling or refuses to
bring suit;

RULING:

(2) when the administrator is alleged to have participated in

the act complained of and he is made a party defendant

Pending the filing of administration proceedings, the heirs have

legal personality to bring suit in behalf of the estate of the
decedent in accordance with Article 777 of the New Civil Code
"that (t)he rights to succession are transmitted from the
moment of the death of the decedent."

The provision is the foundation of the principle that:

The property, rights and obligations to the extent
and value of the inheritance of a person are
transmitted through his death to another or others by
his will or by operation of law.

The necessity for the heirs to seek judicial relief to recover

property of the estate is as compelling when there is no appointed
administrator, or if there is an appointed administrator but he is
either disinclined to bring suit or is one of the guilty parties himself.

The rule that the heirs have no legal standing to sue for the
recovery of property of the estate during the pendency of
administration proceedings has three exceptions, the third being
when there is no appointed administrator such as in this case.