Case Digest (G.R. No. 18600)
Facts:
- Mrs. Carmen Theodora Johannes, née Carmen D' Almeida, passed away intestate on August 31, 1921, in Singapore.
- Her immediate family included her husband, B.E. Johannes, her brothers Frederick Charles D' Almeida and Alfred D' Almeida, and her sister, Ida D' Almeida Johannes.
- B.E. Johannes, Frederick, and Ida resided in Singapore, while Alfred lived in Manila.
- On September 19, 1921, the Supreme Court of the Straits Settlements appointed B.E. Johannes as the administrator of Carmen's estate in Singapore.
- On October 1, 1921, the Court of First Instance of Manila appointed Alfred D' Almeida as the administrator of Carmen's estate in Manila, which included P109,732.55 deposited in Manila banks.
- The Philippine Trust Company, previously the guardian of these funds, was discharged on January 16, 1922.
- Carlos D' Almeida and Ida Johannes objected to Alfred's appointment, arguing that the funds should be credited to B.E. Johannes.
- They contended that Judge George R. Harvey of the Court of First Instance of Manila exceeded his jurisdiction by appointing Alfred as the administrator.
- They sought to annul Alfred's appointment and requested that the funds be credited to B.E. Johannes, along with P5,000 in damages.
- The respondents, including Judge Harvey and Alfred, argued that the judge acted within his jurisdiction and that the order appointing an administrator was final and appealable.
Issue:
- (Unlock)
Ruling:
- The Court of First Instance of Manila did not act in excess of its jurisdiction by appointing Alfred D' Almeida as the ancillary administrator. ...(Unlock)
Ratio:
- The Supreme Court of the Philippines held that the Court of First Instance of Manila did not exceed its jurisdiction in appointing Alfred D' Almeida as the ancillary administrator of Carmen Theodora Johannes' estate.
- The court explained that when a person dies intestate owning property in both their domicile and a foreign country, administration is required in both jurisdictions.
- The administration in the domicile is termed the principal administration, while any other administration is termed the ancillary administration.
- The ancillary administration is necessary to manage the decedent's assets in the foreign country, settle ...continue reading
Case Digest (G.R. No. 18600)
Facts:
In the case of Johannes v. Harvey, Mrs. Carmen Theodora Johannes, née Carmen D' Almeida, passed away intestate on August 31, 1921, in Singapore, Straits Settlements. Her immediate family included her husband, B.E. Johannes, her brothers Frederick Charles D' Almeida and Alfred D' Almeida, and her sister, Ida D' Almeida Johannes. B.E. Johannes, Frederick, and Ida resided in Singapore, while Alfred lived in Manila. On September 19, 1921, the Supreme Court of the Straits Settlements appointed B.E. Johannes as the administrator of Carmen's estate in Singapore. Subsequently, on October 1, 1921, the Court of First Instance of Manila appointed Alfred D' Almeida as the administrator of Carmen's estate in Manila, which included P109,732.55 deposited in Manila banks. The Philippine Trust Company, previously the guardian of these funds, was discharged on January 16, 1922. Carlos D' Almeida and Ida Johannes objected to Alfred's appointment, arguing that the funds should be credited to B.E. Johannes. They contended that Judge George R. Harvey of the Court of First Instance of Manila exceeded his jurisdiction by appointing Alfred as the administrator. They sought to annul Alfred's appointment and requested that the funds be credited to B.E. Johannes, along with P5,000 in damages. The respondents, including Judge Harv...