Title
Alu vs. Veloso
Case
G.R. No. 29158
Decision Date
Dec 29, 1928
In the case of Alunan v. Veloso, the court settles the estate of Rosendo Hernaez, addressing issues such as preferred liens, attorney's fees, and the distribution of the inheritance among the heirs, ultimately adjusting the widow's portion and eliminating a lien on the Panaogao Hacienda.
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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:

  1. 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.
  2. 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.
  3. 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.
  4. ...(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

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