Special Proceedings RULE 74 - Utulo vs. Pasion
Special Proceedings RULE 74 - Utulo vs. Pasion
45904
September 30, 1938
Intestate estate of the deceased Luz Garcia. PABLO G. UTULO
vs.
LEONA PASION VIUDA DE GARCIA__________________________
IMPERIAL, J.:
FACTS: Juan Garcia Sanchez died intestate, and in the proceedings instituted in the
CFI of Tarlac for the administration of his property (special proceedings No. 3475),
Leona Pasion Vda. de Garcia, the surviving spouse and the herein oppositor, was
appointed judicial administratrix. The said deceased left legitimate children, named
Juan Garcia, jr., Patrocinio Garcia and Luz Garcia who, with the widow, are the
presumptive forced heirs.
Luz Garcia married the applicant Pablo G. Utulo and during the pendency of the
administration proceedings of the said deceased, she died in the province without
any legitimate descendants, her only forced heirs being her mother and her
husband. The latter commenced in the same court the judicial administration of the
property of his deceased wife (special proceedings No. 4188), stating in his petition
that her only heirs were he himself and his mother-in-law, the oppositor, and that
the only property left by the deceased consisted in the share due her from the
intestate of her father, Juan Garcia Sanchez, and asking that he be named
administrator of the property of said deceased.
The oppositor objected to the petition, opposing the judicial administration of the
property of her daughter and the appointment of the applicant as administrator. She
alleged that inasmuch as the said deceased left no indebtedness, there was no
occasion for the said judicial administration; but she stated that should the court
grant the administration of the property, she should be appointed the administratrix
thereof inasmuch as she had a better right than the applicant. The trial was had and
the court finally issued the appealed order to which the oppositor excepted and
thereafter filed the record on appeal which was certified and approved.
ISSUES:
1) Whether upon the admitted facts the judicial administration of the property left
by the deceased Luz Garcia lies, with the consequent appointment of an
administrator. (NO)
RULING:
1.) We have section 642 of the Code of Civil Procedure providing in part that "if no
executor is named in the will, or if a person dies intestate, administration shall be
granted" etc. This provision enunciates the general rule that when a person dies
living property in the Philippine Islands, his property should be judicially
administered and the competent court should appoint a qualified administrator in
case the deceased left no will, or in case he had left one should he fail to name an
executor therein.
This rule, however, is subject to the exceptions established by sections 596 and 597
of the same Code, as finally amended. According to Section 596, when all the heirs
are of lawful age and there are no debts due from the estate, they may agree in
writing to partition the property without instituting the judicial administration or