Case Digest (G.R. No. 29158)
Facts:
- The case "Alunan v. Veloso" centers on the settlement of Rosendo Hernaez's estate.
- Rafael R. Alunan, the judicial administrator, submitted an account for settlement, approved by the lower court.
- Jose Hernaez, an heir, assigned his share to Eleuteria Ch. Veloso.
- Veloso objected to several items in the account, citing four errors:
- Imposition of a preferred lien on the Panaogao Hacienda.
- Inclusion of a potential lien in favor of the administrator.
- Amount allocated for attorney's fees and administrator compensation.
- Partition of the estate, particularly the widow's portion.
- The lower court favored the administrator, leading Veloso to appeal to the Supreme Court of the Philippines, led by Chief Justice Avanceña.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the imposition of the preferred lien of P12,683.83 on the Panaogao Hacienda was not erroneous.
- The lien was upheld.
- The Supreme Court agreed to eliminate the holding that the Panaogao Hacienda should answer for the amount of P20,000 as a lien in favor of Rafael Alunan.
- The additional lien was removed.
- The Supreme Court found no merit in the objection to the sum of P24,991.42 for attorney's fees and administrator compensation.
- Fees were deemed appropriate.
...(Unlock)
Ratio:
- The lien of P12,683.83 was a legal debt of Jose Hernaez, which was transmitted to Veloso, affecting her inheritance share.
- The heirs had an agreement that each heir's share would be liable for any debt owed to the estate.
- The court agreed to eliminate the potential lien of P20,000 on the Panaogao Hacienda because Rafael Alunan, the administrator, consented to this adjustment.
- The fees for attorney's services and administrator compensation were justified by the case's complexity and the interests involved; many fees...continue reading
Case Digest (G.R. No. 29158)
Facts:
The case of "Alunan v. Veloso" revolves around the settlement of the estate of the deceased Rosendo Hernaez. Rafael R. Alunan, the judicial administrator of the estate, submitted an account for the settlement, which the lower court approved. Jose Hernaez, one of the heirs, assigned his entire portion to Eleuteria Ch. Veloso. Veloso subsequently objected to several items in the account, alleging four errors in the lower court's resolution. The objections included the imposition of a preferred lien on the Panaogao Hacienda, the inclusion of a potential lien in favor of the administrator, the amount allocated for attorney's fees and administrator compensation, and the partition of the estate, particularly the portion allocated to the widow. The lower court had ruled in favor of the administrator, leading Veloso to appeal the decision to the Supreme Court of the Philippines, with Chief Justice Avanceña presiding.
Issue:
- Did the lower court err in imposing a preferred lien of P12,683.83 on the Panaogao Hacienda adjudicated to Eleuteria Ch. Veloso?
- Did the lower court err in holding that the sum of P20,000 is another lien on the Panaogao Hacienda in favor of the administrator, Rafael Alunan?
- Was the sum of P24,991.42 for attorney's fees and administrator compensation excessive?
- Was the partition of the estate, particularly the portion allocated to the widow, in accordance with the law?