Case Digest (G.R. No. L-3430)
Facts:
- Plaintiffs: Paz E. Siguion and her son Alberto Maximo Torres.
- Defendant: Go Tecson, judicial administrator of Paulino P. Gochecho's estate.
- Gochecho mortgaged property to Siguion for P30,000 on October 1, 1927.
- Gochecho later mortgaged the same property to Torres for P20,000.
- Both mortgages were legally registered.
- Gochecho died in 1943 without settling the mortgages.
- Estate settlement initiated in the Court of First Instance of Manila; Tecson appointed as administrator.
- On February 3, 1949, Siguion and Torres filed for foreclosure against Tecson.
- Tecson appealed the lower court's ruling, citing:
- Closed administration proceedings.
- Res judicata.
- Claims already paid.
- Unconstitutionality of Republic Act No. 342.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of the plaintiffs, upholding the lower court's decision to allow foreclosure.
- Tecson could still be sued as administrator; administration proceedings were still pending.
- Res judicata claim was dismissed due to lack of evidence of prior litigation on mortgage claims.
- No evidence supported the claim that mortgage debts had...(Unlock)
Ratio:
- The court clarified that mere suggestions of payment by the administrator did not waive the mortgage lien; no formal claim was filed in intestate proceedings.
- Res judicata was not applicable due to absence of prior judgment on mortgage claims; necessary documentation was not presented.
- Lack of credible evidence for alleged pay...continue reading
Case Digest (G.R. No. L-3430)
Facts:
The case involves two plaintiffs, Paz E. Siguion and her son Alberto Maximo Torres, who filed actions for foreclosure against Go Tecson, the judicial administrator of the estate of Paulino P. Gochecho. On October 1, 1927, Gochecho mortgaged a piece of registered real property located in Manila to Siguion to secure a debt of P30,000. Approximately ten years later, he executed a second mortgage on the same property in favor of Torres to secure a debt of P20,000. Both mortgages were duly registered. Gochecho passed away in 1943 without settling either mortgage. Subsequently, in 1944, the Court of First Instance of Manila initiated proceedings for the settlement of his estate, appointing Go Tecson as the judicial administrator. On February 3, 1949, Siguion and Torres filed actions against Tecson for the foreclosure of the two mortgages. The lower court ruled in favor of the plaintiffs, prompting Tecson to appeal. In his appeal, Tecson raised several issues: (1) whether he could still be sued as administrator since the administration proceedings had closed; (2) whether the matter was res judicata; (3) whether the plaintiffs' claim had already been paid; and (4) whether Republic Act No. 342 was unconstitutional and void.
Issue:
- Can Go Tecson still be sued as the administrator of the estate despite ...