Case Digest (G.R. No. L-6829)
Facts:
Intestate Estate of Rufina Mercado, Deceased, Catalina Javier v. Eulogio Magtibay and Soledad Sales Magtibay de Hernandez, G.R. No. L-6829, December 29, 1954, Supreme Court En Banc, Reyes, A., J., writing for the Court.Catalina Javier (appellee/petitioner-appellee below) and respondents Eulogio Magtibay and Soledad Sales Magtibay de Hernandez were members of the intestate heirs of Rufina Mercado, who died on September 20, 1949. Rufina was survived by her second husband, Eulogio, her only living daughter Catalina, and the descendants of two deceased daughters (all three daughters being of a prior marriage). Soon after Rufina's death the heirs executed an extrajudicial partition of certain properties; appellee alleged some properties were omitted from that partition.
On August 15, 1952, Catalina Javier petitioned the Court of First Instance of Batangas for letters of administration and for appointment of herself as judicial administratrix for the estate, claiming the need to administer the remaining unpartitioned property. The other heirs opposed, asserting there were no debts, that most property had been partitioned, and that the heirs were of age or properly represented, so judicial administration was unnecessary under the rules allowing extrajudicial settlement or ordinary partition actions.
The Court of First Instance overruled the opposition and granted the petition, issuing letters of administration and naming Catalina administratrix. ...(Subscriber-Only)
Issues:
- Under Rule 74, Section 1 (and its predecessor provisions), may heirs be compelled to submit an intestate estate to judicial administration where the decedent left no debts and the heirs are of age or properly represented?
- Does an heir’s desire to avoid multiplicity of suits or to litigate the validity of alleged transfers constitute a sufficient "good reason" to justify an administration proceeding despite the availability of extrajudicia...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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