Case Digest (G.R. No. 81147)
Facts:
Victoria Bringas Pereira v. The Honorable Court of Appeals and Rita Pereira Nagac, G.R. No. L-81147, June 20, 1989, the Supreme Court First Division, Gancayco, J., writing for the Court.Victoria Bringas Pereira (petitioner) was the ten-month legitimate spouse of the deceased Andres de Guzman Pereira, who died intestate on January 3, 1983. He was also survived by his sister Rita Pereira Nagac (private respondent). On March 1, 1983, private respondent filed Special Proceeding No. RTC-BSP-83-4 before Branch 19, Regional Trial Court (RTC) of Bacoor, Cavite, seeking issuance of letters of administration for the decedent’s estate. Her verified petition alleged that the only heirs were petitioner and respondent, that there were no creditors, and that the decedent left death benefits from Philippine Air Lines (PAL), PALEA, PESALA, and SSS, savings deposits with PNB and PCIB, and a 300-square meter lot in Las Piñas, Rizal.
On March 23, 1983, petitioner filed an opposition and motion to dismiss, contending there was in fact no estate to administer because (she claimed) the death benefits named her as sole beneficiary, bank deposits had been used for funeral expenses, and the sole real property had been extrajudicially settled between the two heirs; alternatively, she sought appointment as administratrix if an estate existed. On March 28, 1985, the RTC appointed private respondent administratrix upon a P1,000 bond and ordered her to take custody of the decedent’s properties and file an inventory within three months.
Petitioner appealed to the Court of Appeals, which affirmed the RTC’s appointment of private respondent in a decision dated December 15, 1987. Petitioner then filed a petition for review on certiorari with the Supreme Court. The issues raised concerned (1) whether an e...(Pro-only)
Issues:
- When a petitioner asserts that specific assets do not form part of the decedent’s estate, is the Supreme Court authorized to finally determine exclusion of those assets, or must such factual questions be left to the probate court?
- Is a judicial administration proceeding necessary where the decedent died intestate, the heirs are all of age, and there are no debts?
- Between the surviving spouse and the surviving sister, who has the better right to be appointed ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)