G.R. No. 146424 - Josef vs. People

Roman Ongpin died on December 10, 1912.
In his will, Ongpin bequeathed to Carmen Rivera—a natural daughter of Vicenta Rivera—a legacy equivalent to five per cent of the net proceeds of his estate, computed to P9,867.02.

Probate proceedings were initiated in the Court of First Instance.
On June 28, 1915, the attorney representing the guardian of the minor (Carmen Rivera) petitioned the court for the administrator to either deliver the legacy with its fruits and income or to secure the value until due.
Prior to this, monthly deliveries were made to the minor by the administrator, starting a few days after Ongpin’s death (approximately December 31, 1912) and continuing until June 30, 1915.

These partial payments, varying in amounts (P40, P50, P100, P250), aggregated to P2,040.

On July 12, 1915, the court ordered the administrator to liquidate the legacy and deposit the proceeds for the minor’s guardian, with the stipulation that the guardian’s bond be raised from P1,000 to P10,000.
On July 20, 1915, the administrator deposited the balance of the legacy amounting to P7,737.02 with the clerk of the court.
On October 20, 1915, the lower court issued an order directing:

The administrator to deliver the sum deposited (P7,737.02) to the minor Carmen Rivera.
Payment of an additional sum of P1,160.55 as legal interest on the deposited amount at a rate of 6 per cent per annum for a period of two and one-half years.

The administrator (Ramon Ongpin, as administrator of the testate estate) excepted to the court’s order.
He forwarded the transcript of trial testimony and assigned various alleged errors by the lower court.
The central issue on appeal was whether the administrator was obligated to:

Whether the administrator of Roman Ongpin’s estate was required to deliver the entire legacy to the minor Carmen Rivera.

Assessment of the administrator’s duty in light of the will and probate proceedings.
Consideration of the partial deliveries made prior to and after the probate court’s order.

Whether the administrator must pay the additional sum of legal interest (P1,160.55) on the remainder of the legacy.

Determination if the delay in delivery warrants imposition of legal interest.
Examination of the timing and nature of the administrator’s deposit relative to his obligation to deliver the legacy.