Case Summary (G.R. No. 38036)

Background of the Case

• The case involves a petition for a writ of certiorari filed by Martiniano Benigno against Judge Bernardo de la Pea and Gaspar Acacio.
• The petition arises from the summary settlement of the estate of deceased spouses Lorenzo Acacio and Norberta Benigno, who died intestate in 1921 and 1923, respectively.
• The spouses left no ascendants or descendants, and their estate was valued at approximately P3,000, with no debts.
• The heirs of Lorenzo Acacio are his siblings or their children, while the heirs of Norberta Benigno are her siblings or their children.

Proceedings Initiated

• Gaspar Acacio applied for the summary settlement of the estate on February 21, 1924, and the court scheduled a hearing for December 11, 1924.
• Martiniano Benigno filed an amended opposition on the same date, claiming ownership of some properties sold to him by the deceased spouses.
• The court, presided over by Judge C. Carballo, found that both spouses died intestate and identified their heirs.

Court's Findings and Orders

• The court determined that the estate consisted of conjugal properties valued at around P2,000 and ordered the estate to be divided equally among the heirs.
• Gaspar Acacio was appointed as the administrator of the estate, with a bond requirement of P500, and was authorized to file actions to recover properties in the possession of third parties.
• Martiniano Benigno was notified of this order on December 17, 1924.

Subsequent Legal Actions

• On May 18, 1925, Gaspar Acacio filed civil action No. 2633 against Martiniano Benigno to recover certain properties belonging to the deceased spouses.
• The case has been tried but remains pending decision.
• Martiniano Benigno attempted to have the December 17, 1924 order set aside on two occasions, in 1929 and 1932, but both motions were denied.

Petitioner's Arguments

• Martiniano Benigno contends that the settlement of the estates of two deceased persons cannot be lawfully conducted in a single proceeding.
• He cites the case of Sy Hong Eng vs. Sy Lioc Suy to support his argument, which held that one administrator cannot manage the estates of three different individuals in one proceeding.

Court's Analysis and Conclusion

• The court found that the cited case is not applicable, as the current case involves only the conjugal property of the deceased spouses.
• The court deemed the settlement of their estates and property disposition...continue reading

Case Syllabus (G.R. No. 38036)

Case Overview

• This case revolves around a petition for a writ of certiorari filed by Martiniano Benigno against Judge Bernardo de la Pena and Gaspar Acacio concerning the summary settlement of the estate of Lorenzo Acacio and Norberta Benigno.
• The main contention arises from the proceedings initiated for the settlement of the deceased spouses' estate, which Martiniano Benigno opposes.

Background of the Case

• On February 21, 1924, Gaspar Acacio petitioned the Court of First Instance of Ilocos Norte for a summary settlement of the estate of Lorenzo Acacio and Norberta Benigno.
• The petition stated that both spouses died intestate, with Lorenzo Acacio passing in 1923 and Norberta Benigno in 1921, leaving no ascendants or descendants.
• The estate comprised properties valued at approximately P3,000, with no debts reported, and their heirs identified as siblings and children of the deceased.

Court Proceedings

• The court scheduled a hearing for December 11, 1924, directing personal notice to interested parties, along with public notice as per legal requirements.
• Martiniano Benigno filed an amended opposition during these proceedings, claiming ownership of certain properties that he alleged were sold to him by the deceased spouses.
• Judge C. Carballo presided over the hearing, determining the time of death of both spouses and confirming their status as hu...continue reading