Facts:

• The case involves a dispute over the ownership of properties belonging to the estate of Bruno Modesto.
• Bruno Modesto passed away and left several heirs, including Cirilo Modesto and Jesus Modesto.
• Jesus Modesto, acting as the administrator of the estate, filed a motion in the Court of First Instance of Tacloban, Leyte, to cite and examine under oath several individuals, including Cirilo Modesto, regarding properties that were suspected to have been concealed, embezzled, or fraudulently conveyed.
• The court appointed joint commissioners to verify and ascertain the persons holding or claiming the properties.
• Jesus Modesto listed various properties, including jewels, furniture, cash, and real properties, that were supposed to belong to the estate.
• The joint commissioners submitted their report, and Jesus Modesto filed a motion to require Cirilo Modesto to turn over the personal properties to him as the administrator.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of Cirilo Modesto and set aside the trial court's order, writs of execution, and sale of the real property.
• The trial court exceeded its authority in deciding the ownership of the properties in question.
• The trial court's role is limited to eliciting information or securing e...(Unlock)

Ratio:

• The court based its decision on Section 6, Rule 88 of the Rules of Court.
• Section 6 states that if a person is suspected of concealing, embezzling, or conveying away any properties of the deceased, the court may cite that person to appear and examine them on oath.
• However, the purpo...continue reading