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Suntay III vs. Cojuangco Suntay
Suntay III vs. Cojuangco Suntay
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the estate is large or, from any cause, an intricate and perplexing
one to settle; (4) to have all interested persons satisfied and the
representatives to work in harmony for the best interests of the
estate; and when a person entitled to the administration of an
estate desires to have another competent person associated with
him in the office.
Civil Law; Succession; Curtain Bar Rule; Article 992 of the
Civil Code or the curtain bar rule is inapplicable in resolving the
issue of who is better qualified to administer the estate of the
decedent.―Once again, as we have done in the Decision, we
exercise judicial restraint: we uphold that the question of who are
the heirs of the decedent Cristina is not yet upon us. Article 992 of
the Civil Code or the curtain bar rule is inapplicable in resolving
the issue of who is better qualified to administer the estate of the
decedent.
RESOLUTION
PEREZ, J.:
The now overly prolonged, all-too familiar and too-much-
stretched imbroglio over the estate of Cristina Aguinaldo-
Suntay has continued. We issued a Decision in the dispute
as in Inter Caetera.1 We now find a need to replace the
decision.
Before us is a Motion for Reconsideration filed by
respondent Isabel Cojuangco-Suntay (respondent Isabel) of
our Deci-
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1 The Papal Bull mentioned in our Decision of 16 June 2010 (Suntay III
v. Cojuangco-Suntay, G.R. No. 183053, 16 June 2010, 621 SCRA 142, 144).
441
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2 Penned by Associate Justice Antonio Eduardo B. Nachura (now
retired) with Associate Justices Antonio T. Carpio (Chairperson),
Diosdado M. Peralta, Roberto A. Abad and Jose Portugal Perez of the
Second Division, concurring. Rollo, pp. 231-246.
3 Id., at pp. 244-245.
442
443
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4 Suntay v. Cojuangco-Suntay, 360 Phil. 932, 936-937; 300 SCRA 760,
763-764 (1998).
5 Rollo, pp. 43-44.
444
445
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6 Id., at p. 60.
7 Id., at p. 31.
446
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8 Uy v. Court of Appeals, 519 Phil. 673; 484 SCRA 699 (2006); Angeles
v. Angeles-Maglaya, 506 Phil. 347; 469 SCRA 363 (2005); Valarao v.
Pascual, 441 Phil. 226; 392 SCRA 695 (2002); Silverio, Sr. v. Court of
Appeals, 364 Phil. 188; 304 SCRA 541 (1999).
9 Vda. de Dayrit v. Ramolete, G.R. No. L-59935, 30 September 1982,
117 SCRA 608, 612; Corona v. Court of Appeals, G.R. No. L-59821, 30
August 1982, 116 SCRA 316, 320; Matias v. Gonzales, 101 Phil. 852, 858
(1957).
10 Gonzales v. Aguinaldo, G.R. No. 74769, 28 September 1990, 190
SCRA 112, 117-118.
11 See Articles 91 and 106 of the Family Code.
12 See Article 887, paragraph 3 of the Civil Code.
449
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13 Matias v. Gonzales; Corona v. Court of Appeals; Vda. de Dayrit v.
Ramolete, supra note 9.
14 Uy v. Court of Appeals, supra note 8 at p. 680; p. 705; Angeles v.
Angeles-Maglaya, supra note 8 at p. 365; p. 379; Valarao v. Pascual, supra
note 8 at p. 234; p. 701; Silverio, Sr. v. Court of Appeals, supra note 8 at
pp. 210-211; p. 563.
15 Gonzales v. Aguinaldo, supra note 10 at pp. 118-119.
450
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16 Uy v. Court of Appeals, supra note 8 at p. 681; p. 707; Gabriel v.
Court of Appeals, G.R. No. 101512, 7 August 1992, 212 SCRA 413, 423
citing Copeland v. Shapley, 100 NE. 1080.
17 Gabriel v. Court of Appeals, id.
18 In re Fichter’s Estate, 279 N.Y.S. 597.
19 Supra note 9.
20 Supra note 9 at p. 612.
21 243 Phil. 952; 160 SCRA 810 (1988).
451
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22 Id., at pp. 962-963; p. 820.
23 Supra note 8.
24 44 Phil. 711 (1923).
452
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25 Supra note 8.
453
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26 Id., at pp. 233-235.
454
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27 Supra note 16 at p. 420.
28 Supra note 8.
29 Id., at p. 365.
30 Supra note 8.
455
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31 Gonzales v. Aguinaldo, supra note 10 at p. 117.
32 Fernandez v. Maravilla, G.R. No. L-18799, 26 March 1965, 13 SCRA
416, 419-420.
33 Silverio, Sr. v. Court of Appeals, supra note 8 at p. 211; pp. 562-563.
456
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34 Annexes “3,” “5,” and “6,” of respondent’s Motion for
Reconsideration. Rollo, pp. 318-331.
35 Annex “4,” of respondent’s Motion for Reconsideration. Id., at p. 326.
457
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Suntay III vs. Cojuangco-Suntay
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36 Section 1. Bond to be given issuance of letters. Amount.
Conditions.―Before an executor or administrator enters upon the
execution of his trust, and letters testamentary or of administration issue,
he shall give a bond, in such sum as the court directs, conditioned as
follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all goods, chattels, rights, credits, and estate of
the deceased which shall come to his possession or knowledge or to the
possession of any other person for him;
37 Annexes “1,” and “2,” of respondent’s Motion for Reconsideration.
Rollo, pp. 318-321.
38 Id., at p. 407.
458
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39 G.R. No. 164108, 8 May 2009, 587 SCRA 464.
460
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4. Section 640 of Rule 87, which allows an individual interested
in the estate of the deceased “to complain to the court of the
concealment, embezzlement, or conveyance of any asset of the
decedent, or of evidence of the decedent’s title or interest therein;”
5. Section 1041 of Rule 85, which requires notice of the time and
place of the examination and allowance of the Administrator’s
account “to persons interested”;
6. Section 7(b)42 of Rule 89, which requires the court to give
notice “to the persons interested” before it may hear and grant a
petition
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40 Section 6. Proceedings when property concealed, embezzled, or
fraudulently conveyed.―If an executor or administrator, heir, legatee, creditor, or
other individual interested in the estate of the deceased, complains to the court
having jurisdiction of the estate that a person is suspected of having concealed,
embezzled, or conveyed away any of the money, goods, or chattels of the deceased,
or that such person has in his possession or has knowledge of any deed,
conveyance, bond, contract, or other writing which contains evidence of or tends to
disclose the right, title, interest, or claim of the deceased to real or personal estate,
or the last will and testament of the deceased, the court may cite such suspected
person to appear before it and may examine him on oath on the matter of such
complaint; and if the person so cited refuses to appear, or to answer on such
examination or such interrogatories as are put to him, the court may punish him
for contempt, and may commit him to prison until he submits to the order of the
court. The interrogatories put to any such person, and his answers thereto, shall
be in writing and shall be filed in the clerk’s office.
41 Section 10. Account to be settled on notice.―Before the account of an
executor or administrator is allowed, notice shall be given to persons interested of
the time and place of examining and allowing the same; and such notice may be
given personally to such persons interested or by advertisement in a newspaper or
newspapers, or both, as the court directs.
42 Section 7. Regulations for granting authority to sell, mortgage, or
otherwise encumber estate. x x x.
461
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(a) x x x
(b) The court shall thereupon fix a time and place for hearing such
petition, and cause notice stating the nature of the petition, the reason for
the same, and the time and place of hearing, to be given personally or by
mail to the persons interested, and may cause such further notice to be
given, by publication or otherwise, as it shall deem proper.
43 Section 1. When order for distribution of residue made.―When
the debts, funeral charges, and expenses of administration, the allowance
to the widow, and inheritance tax, if any, chargeable to the estate in
accordance with law, have been paid, the court, on the application of the
executor or administrator, or of a person interested in the estate, and after
hearing upon notice, shall assign the residue of the estate to the persons
entitled to the same, naming them and the proportions, or parts, to which
each is entitled, and such persons may demand and recover their
respective shares from the executor or administrator, or any other person
having the same in his possession. If there is a controversy before the
court as to who are the lawful heirs of the deceased person or as to he
distributive shares to which each person is entitled under the law, the
controversy shall be heard and decided as in ordinary cases.
No distribution shall be allowed until the payment of the obligations
above-mentioned has been made or provided for, unless the distributes, or
any of them, give a bond, in a sum to be fixed by the court, conditioned for
the payment of said obligations within such time as the court directs.
44 Hilado v. Court of Appeals, supra note 37 at pp. 472-473.
462
463
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45 Rollo, pp. 243-244.
46 Id., at pp. 442-445.
47 Id., at p. 443.
464
465
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Suntay III vs. Cojuangco-Suntay
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48 See Resolution dated 9 February 2012, A.M. No. 12-2-7-SC Re: 2012
Summer Session in Baguio City.
** Per raffle dated 4 July 2011.
466
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