Case Summary (G.R. No. 118671)
Petitioner and Respondents
Petitioner: Estate of Hilario M. Ruiz, represented by Executor Edmond Ruiz
Private Respondents: Maria Pilar Ruiz-Montes, Maria Cathryn Ruiz, Candice Albertine Ruiz, Maria Angeline Ruiz
Public Respondent: Court of Appeals (Former Special Sixth Division)
Key Dates
June 27, 1987 – Execution of holographic will
April 12, 1988 – Death of testator
June 29, 1992 – Petition for probate filed by Maria Pilar Ruiz-Montes
May 18, 1993 – Will admitted to probate; letters testamentary ordered upon bond
June 23, 1993 – Letters testamentary issued to Edmond Ruiz
December 22, 1993 – Probate court’s order on release of funds and titles
November 10, 1994 – Decision of the Court of Appeals
January 5, 1995 – CA resolution denying reconsideration
January 29, 1996 – Supreme Court decision
Applicable Law
1987 Philippine Constitution;
Revised Rules of Court: Rules 75, 81, 83, 84, 85, 90, 109;
Civil Code of the Philippines (Article 188, now Family Code Article 133);
Estate Tax Law and pertinent jurisprudence.
Factual Background
Following Hilario Ruiz’s death, his executor son failed to institute probate. Maria Pilar Ruiz-Montes commenced probate proceedings in 1992. Edmond initially opposed, alleging undue influence, but later withdrew his opposition. Meanwhile, Edmond leased a legatee property, deposited rent with the court, and requested distributions to cover estate expenses and support for the granddaughters.
Procedural Course
– Probate court ordered deposit of P540,000 rental income; Edmond remitted P348,583.56 after deductions.
– Edmond secured partial release for real property taxes but sought additional funds.
– Upon withdrawal of his opposition, the will was admitted to probate and letters testamentary issued contingent on a P50,000 bond.
– Competing motions by petitioner and Maria Pilar Ruiz-Montes for release of funds culminated in the December 22, 1993 order: allowance to grandchildren and withholding of titles until notice to creditors.
– Court of Appeals denied relief, finding no grave abuse of discretion.
Issues for Resolution
- Whether a probate court may grant a provisional support allowance to grandchildren of a decedent before estate settlement.
- Whether titles to bequeathed properties may be released before payment or provision for estate debts and taxes.
- Whether the executor’s right to possession of all estate properties may be curtailed during administration.
Legal Analysis on Allowance
Rule 83, Section 3 authorizes provisional support allowances only for the widow and the children of the deceased during estate settlement. Civil Code Article 188 extends support to legitimate children irrespective of age or status but does not include grandchildren. Consequently, granting allowances to granddaughters exceeded statutory authority and was erroneous.
Legal Analysis on Advance Distribution
Advance distribution of estate assets under Rule 109, Section 2 and Rule 90, Section 1 is permissible only after debts, funeral charges, administration expenses, widow’s allowance, and estate tax have been paid or provided for—either by payment or bond conditioned on future payment. Releasing titles six months after notice to creditors, absent payment or bond for estate tax, constituted improper premature distribution.
Legal Analysis on Possession
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Facts
- On June 27, 1987, Hilario M. Ruiz executed a holographic will naming his only son, Edmond Ruiz, his adopted daughter Maria Pilar Ruiz-Montes, and his three granddaughters (Maria Cathryn, Candice Albertine and Maria Angeline) as heirs, and appointed Edmond executor.
- The will bequeathed substantial cash, personal and real properties among the named heirs.
- Testator Hilario M. Ruiz died on April 12, 1988; cash legacies were immediately distributed in accordance with the will.
- No probate proceedings were initiated by Edmond Ruiz for over four years.
Petition for Probate
- On June 29, 1992, Maria Pilar Ruiz-Montes filed a petition in the Regional Trial Court (Pasig, Branch 156) for the probate and approval of the holographic will and for issuance of letters testamentary to Edmond Ruiz.
- Edmond opposed, alleging the will was executed under undue influence.
- On November 2, 1992, Edmond leased the Valle Verde IV house and lot (bequeathed to the three granddaughters) to third parties.
- January 19, 1993: Probate court ordered Edmond to deposit rental payments (P540,000) with the Clerk of Court; on January 25, 1993 he deposited P348,583.56 after deducting repair and maintenance expenses.
Probate Court Proceedings
- March 1993: Edmond moved for release of P50,000 to pay real estate taxes; the court approved release of P7,722.00.
- May 14, 1993: Edmond withdrew opposition to probate; May 18, 1993: Court admitted the will and conditioned issuance of letters testamentary upon P50,000 bond.
- June 23, 1993: Letters testamentary issued to Edmond Ruiz.
- July 28, 1993: Executor filed ex-parte motion for release of deposited rents; Montes opposed and filed cross-motions for release of funds to the three granddaughters and issuance of certificate of allowance of probate will.
- August 26, 1993: Probate court denied the executor’s motion but granted Montes’s motion, ordering release of rent payments to the three granddaughters and delivery of titles and possession of properties upon bon