Case Digest (G.R. No. L-9282)
Facts:
EMILIO ADVINCULA, PETITIONER was appointed special administrator of the estate of his deceased wife, Josefa Lacson Advincula, on November 22, 1954, and regular administrator on February 12, 1955, in the Court of First Instance of Negros Occidental, Special Proceeding No. 3245. After brothers of the deceased submitted an alleged will naming ENRIQUE A. LACSON, RESPONDENT as executor, Lacson moved to be appointed administrator; on May 18, 1955 the trial court denied a postponement, revoked Advincula's letters, and appointed Lacson upon his filing bond of P5,000; a reconsideration was denied May 30, 1955 and Advincula filed a petition for certiorari and obtained a preliminary injunction.
Issues:
- Did the trial court exceed its jurisdiction or commit grave abuse of discretion in revoking Advincula's letters of administration and appointing Lacson prior to probate of the alleged will?
- Was the allegation that Advincula was “foreign to the estate” a sufficient ground for removal under the Rules of Court?
Ruling:
The Court reversed the trial court's orders of May 18 and May 30, 1955, and made permanent the preliminary injunction; costs were imposed against Enrique A. Lacson. The appointment of Lacson as administrator and the revocation of Advincula's letters were annulled.
Ratio:
The Court held that a person named as executor in a will cannot take office until the will has been proved and allowed by the court, citing Rule 79, Rules of Court (section 4). Likewise, the mere discovery of an alleged will after letters of administration have been issued does not ipso facto revoke those letters; revocation occurs only after probate under Rule 83, Rules of Court, section 1. The trial court gave no specific grounds for removal and relied on the unsupported claim that Advincula was "foreign to the estate," which the Court found legally insufficient and contradicted by the fact that Advincula was the surviving spouse and a forced heir under the Civil Code of the Philippines and by the presumption of conjugal property; no grounds enumerated in Rule 83, Rules of Court, section 2 were shown.
Doctrine:
- A named executor acquires authority only after the will is *proved and allowed* by the court (Rule 79, Rules of Court, sec. 4).
- Discovery of a will after issuance of letters of administration does not automatically revoke those letters; revocation follows probate (Rule 83, Rules of Court, sec. 1).
- Removal of an administrator requires one of the grounds specified in Rule 83, Rules of Court, section 2, and cannot rest on the mere allegation that the administrator is "foreign to the estate."
- The surviving spouse is a forced heir and enjoys the conjugal property presumption under the Civil Code of the Philippines (Arts. 887, 888, 892, 893, 894, 897 to 900, and 995 to 1001; Art. 165; Arts. 160 and 185).