Case Digest (G.R. No. 35925)
Facts:
Ricardo Sikat, Judicial Administrator of the Intestate Estate of the Deceased Mariano P. Villanueva v. Quiteria Viuda de Villanueva, Judicial Administratrix of the Intestate Estate of the Deceased Pedro Villanueva, G.R. No. L-35925, November 10, 1932, the Supreme Court En Banc, Villa-Real, J., writing for the Court.The appellant, Ricardo Sikat, sued as judicial administrator of the estate of Mariano P. Villanueva, seeking confirmation of a committee on claims and appraisal report in the intestate proceedings of Pedro Villanueva and recovery of P10,192.92 with interest. The appellee, Quiteria Vda. de Villanueva, answered, pleaded prescription as a special defense and filed a counterclaim for P15,536.69. The case proceeded to trial in the Court of First Instance of Manila.
The parties submitted an agreed statement of facts. The intestate proceedings for Mariano’s estate began in the Court of First Instance (CFI) of Albay where Julio V. Quijano was appointed administrator; proceedings relating to Pedro’s estate were also commenced in Albay (committee appointed September 11, 1919). On September 16, 1919 the Albay committee received the claim of Mariano’s estate. Quiteria questioned Albay’s jurisdiction; the Supreme Court later held (decision of October 21, 1921; Exhibit C) that the CFI of Albay had no jurisdiction over Pedro’s intestate proceedings, and the Albay committee therefore abstained from reporting on the claim.
Thereafter the intestate proceedings for Pedro’s estate were instituted in the CFI of Manila by Enrique Kare as administrator of Mariano’s estate (case No. 28244, filed June 18, 1925). The Manila committee (commissioners Mamerto Roxas and Nicanor Roxas) admitted the claim filed September 22, 1925 and reported in favor of Mariano’s estate. Quiteria took a timely appeal from the committee’s report, and the present complaint was filed in the CFI of Manila to confirm the committee’s decision. Evidence introduced included a written acknowledgment of indebtedness by Pedro dated September 22, 1909.
The trial court (CFI, M...(Pro-only)
Issues:
- Did the claim of the estate of Mariano P. Villanueva against the estate of Pedro Villanueva prescribe (or is it barred) such that the trial court erred in dismissing the co...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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