Case Digest (G.R. No. 32195)
Facts:
Intestate Estate of the Deceased Spouses Magdaleno Fajardo and Candelaria Firmalino, G.R. No. 32195, August 19, 1930, the Supreme Court (En Banc), Romualdez, J., writing for the Court. The appeal challenges an order of the Court of First Instance of Capiz dated May 15, 1929, which granted a petition for judicial administration of the intestate estate of the spouses Magdaleno Fajardo and Candelaria Firmalino and appointed Juana Firmalino administratrix.The principal parties are Petronila Fajardo (petitioner below; appellee here) and Melchor Fajardo (opponent below; appellant here), brother and sister and the sole heirs of the deceased spouses. Melchor objected to instituting intestate proceedings, asserting that their father had previously divided his estate between the two children — a division under which each entered into possession of specific parcels. Melchor sought to resist administration on the ground that an effective partition already existed and that each heir had acquired prescriptive possession of his or her lands.
At the trial level the court received evidence showing that Melchor had taken possession of certain lands before the death of his father and had paid land taxes and enjoyed the fruits; Petronila’s possession of other lands was shown to have begun only after their father’s death. The petition for judicial administration was allowed by the Court of First Instance, which overruled Melchor’s objections and appointed an administratrix. Melchor appealed that order to the Supreme Court; his assignments of error complained that (1) the C.F.I. erred in permitting intestate proceedings to go forward, ...(Pro-only)
Issues:
- Did the Court of First Instance err in overruling Melchor Fajardo’s objection and in allowing the institution of intestate administration of the estate of Magdaleno Fajardo and Candelaria Firmalino?
- Should the trial court have admitted evidence that each heir had been in possession of their respective realty for a prescriptive period such that administration was improper?
- Should the trial court have admitted evidence that the deceased parents had equitably distributed their real estate between the two h...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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