The Estate of Hilario M. Ruiz, Et. Al.

VS.
The Court of Appeals
GR. NO. 118671- Jan. 29, 2996

Settlement of Estate Law Applied:

Proceedings -Rule 83 Sec. 3
When Distribution of -Rule 84 Sec. 3
Estate Properties Can
Be Made
Probate of a Will
Holographic Will
Inchoate Right
Trust Funds
 FACTS OF THE CASE

June 27, 1987: Hilario Cash

Holographic Will Personal
.Edmond (only son) Real
Maria Pilar Montes Edmond-executor
(adopted daughter)
3 minor
grandchildren
(Edmonds)
 April 12, 1988- Hilario Died

Cash components of Edmond opposed: will

estate immediately executed under undue
distributed influence
No action for probate Nov. 2, 1992
4 years later House and Lot in
-Maria Pilar Valleverde bequeathed
to the grand daughters
Petition for Probate and
Leased out by Edmond to
Approval of holographic
3rd persons
will
Jan. 19, 1993 RTC/P.court
Issuance of letters
test. To Edmond -Edmond to deposit with
the BCC:
 Rental deposit July 28, 19993: Edmond
Lease payment- valle -Ex-parte motion to
verde property release funds,DENIED.
May 14, 1993: Edmond Montes : motion to
withdrew opposition release funds to certain
May 18, 1993 P.Court heirs and issuance of
allowance of probate
-Admitted the will to
will, GRANTED.
probate
June 23, 1993 Pcourt :
-Issued Letters -Release of rent
Testamentary (P50K B) payments (3Grand C.)
Delivery of titles
 6 months from date of CA denied: no grave
first publication of the abuse of discretion of
notice to creditors Pcourt.
For Edmond Appealed.
-submit accounting on Issue: w/n PCourt after
expenses for admitting the will to
admin/support of 3 GC probate but before
payment of estate debts
-cause publication
and obli. has authority:
Edmond assailed-grave
1.to grant allowance from
abuse of discretion
funds of estate
for support of the G.C. G.C.
2.to order release of the -release of title to Montes
titles to certain heirs annulled/set aside
3.to grant possession of -Judge was ordered to
all properties of the proceed with dispatch in
estate to the executor the proceedings.
of the will. RULINGS:
SC: Affirmed with Mod. 1.Allowance for support
in the portions of the Sec.3 Rule 83: should
order: granting an not be limited to
allowance to testators minor/incapacitated
Children of the deceased. the estate.
Art.188 CC-substantive law 2. Error for CA to sustain
at the time of death Pcourts order granting
During liquidation of the allowance to G.C.
conjugal partnership, pending settlement of
deceased legitimate the estate.
spouse and children GC not entitled to provi.
REGARDLESS of their Support from funds of
age, civil status, or the estate.
gainful employment are
3.Pcourt erred :
entitled to provisional
support from funds of -release of titles to Monte
six months after date of of administration.
first publication of - Distribution of estate
notice to creditors properties can only be
-Rule 84 Sec.3: Executor/ made after all the:
admin. Shall have the - Debts
rights to the possession
- Funeral charges
and management of the
real as well as personal - Expenses of admin.
estate of the deceased - Allowance to widow
so long as it is necessary - Estate tax
for the payment of the
have been paid.
debts and the expenses
*when Pcourt issued order: *Funds in his hands are
-Estate not yet appraised/ merely trust funds.
inventoried
*too early for Pcourt:
-release the titles 6mons.
after admitting will to
probate.
*Edmonds right of owner-
ship merely inchoate as
long as the estate has
not been fully settled.
 Thank You.
*The Rules provide: If
there controversy as to Reported by:
who are the lawful heirs Virginia B. Villanueva
of the decedent and LLB 3B
distributive shares in
his estate, the Pcourt
shall proceed to hear
and decide as in
ordinary cases.
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