5/7/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 067

[No. 45430. April 15, 1939]

In the matter of the estate of the deceased Paulina Va que Vda. de

Garcia. TERESA GARCIA, plaintiff and appellant, . LUISA
GARCIA, MARIETA GARCIA, and PURIFICACION GARCIA,
and BRAULIO DE VERA, guardian of the minors Antonio, Lourdes
and Ramon, surnamed De Vera, defendants and appellees.

TESTATE OR INTESTATE PROCEEDINGS; JURISDICTION ;

PROPERTIES INCLUDED OR EXCLUDED. A a
a a a a a

b p ima facie a , a a
a a a a ,a
a , a a , a
b a .

354

354 HI I I E E A A ED
Va e . Ga cia.

APPEAL from an order of the Court of First Instance of Manila.

Tuason, J.
The facts are stated in the opinion of the court.
Ana a io R. Teodoro and Andre S. Nicola for appellant.
Pablo Loren o, Del n Jo en and E lalio Cha e for appellee.

VlLLA-REAL, J.:

After Luisa Garcia was appointed special administratrix of the

properties left b the deceased Paulina Vasque Vda. de Garcia, she
led with the competent court an inventor thereof on Ma 13,
1936.
On Ma 23, 1936, the heir Teresa Garcia objected to said
inventor , taking exception to various items therein.
On June 20, 1936, the court issued the following order:

"W a a a b T a
Ga a Ba , a

. a. . / a / /000001794675 b0 4b91 5 b003600 b002 009 / /? =Fa 1/5

5/7/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 067

a , b T a Ga a a
a a , ."

On Jul 28, 1936, Teresa Garcia led a motion asking that she be
appointed special administratrix of the intestate for the sole purpose
of bringing an actions which she ma believe necessar to recover
for the bene t of the intestate the properties and credits set out in her
motion, as well as other properties which might be discovered f rom
time to time belonging to the said intestate.
After hearing said motion and the administratrix' opposition
thereto, the Court of First Instance of Manila denied the motion b
its order of August 19, 1936.
On motion for reconsideration led b Teresa Garcia, which was
opposed b the administratrix, the court issued the following order
of September 28, 1936:

"T a a C 19
a A a , T a Ga a,
a

355

. 67, A I 15, 1939 355

Va e . Ga cia.

a , a b a a a a
a b a a a
a b aa a a
a a a .
"B a a a a b
a a T a Ga a' b
b a a , , a a ,
b .N a a a
a a a a a b
a a .
"T a
a a a b a a.I a a
a a a .T
b a a a
a b a , ba
. I a a a , a
b ' a a
.I a a a a ,a a a
a a a b b a a
a a .T
a a a a a , a a
a .A a
a b ' a a b a

. a. . / a / /000001794675 b0 4b91 5 b003600 b002 009 / /? =Fa 2/5

5/7/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 067

b a a a a
a , a a
a a .
"T a b a a b a
a .I a , a a
a a a , b
a aa a b a a

356

356 HI I I E E A A ED
Va e . Ga cia.

.T
a a a a a a
709 C P C .
"H a a b ,
, b - a ;a a - ab a
a b a b . A a a aa , a
a b , a b a a a
a a ' b a
.T a a a a b .
"T a . T a a
a , a , a b a
a a a a a
b a a b
a I a a .
"S ."

From the foregoing order Teresa Garcia took this appeal, assigning
four alleged errors committed b the lower Court in its order, which
errors boil down to the proposition of whether or not a court has
jurisdiction to hear and pass .upon the exceptions which an heir
takes to an inventor of the properties left b a deceased referring to
the inclusion or exclusion of certain properties and credits,
It is the dut of ever administrator, whether special or regular,
imposed b section 668 of the Code of Civil Procedure, to return to
the court within three months after his appointment a true inventor
of the real estate and all the goods, chattels, rights, and credits of the
deceased which come into his possession or knowledge, unless he is
residuar legatee and has given the prescribed bond. The court
which acquires jurisdiction over the properties of a deceased person
through the ling of the corresponding proceedings, has supervision
and control over the said properties, and under the said power, it is
its inherent dut to see that the inventor submitted b the
administrator

35

. a. . / a / /000001794675 b0 4b91 5 b003600 b002 009 / /? =Fa 3/5

5/7/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 067

. 67, A I 15, 1939 357

Va e . Ga cia.

appointed b it contains all the properties, rights and credits which

the law requires the administrator to set out in his inventor . In
compliance with this dut the court has also inherent power to
determine what properties, rights and credits of the deceased should
be included in or excluded from the inventor , Should an heir or
person Interested in the properties of a deceased person dul call the
court's attention to the fact that certain properties, rights or credits
have been left out in the inventor , it is likewise the court's dut to
hear the observations, with power to determine if such observations
should be attended to or not and if the properties referred to therein
belong prima facie to the intestate, but no such determination is nal
and ultimate in nature as to the ownership of the said properties (23
G, J., p. 1163, par. 381).
The lower court, therefore, had jurisdiction to hear the opposition
of the heir Teresa Garcia to the inventor led b the special
administratrix Luisa Garcia, as well as the observations made b the
former as to certain properties and credits, and to determine for
purposes of the-inventor alone if the should be included therein or
excluded therefrom. As Teresa Garcia withdrew her opposition after
evidence was adduced tending to show whether or not certain
properties belonged to the intestate and, hence, whether the should
be included in the inventor , alleging that the lower court had no
jurisdiction to do so, she cannot be heard to complain that the court
suspended the trial of her opposition.
In view of the foregoing, we are of the opinion and so hold, that a
court which takes cogni ance of testate or intestate proceedings has
power and jurisdiction to determine whether or not the properties
included therein or excluded therefrom belong prima facie to the
deceased, although such a determination is not nal or ultimate in
nature, and without prejudice to the right of the interested parties, in
a proper action, to raise the question bearing on the ownership or
existence of the right or credit.
Wherefore, the appealed order is af rmed, reserving to

35

358 HI I I E E A A ED
C de .C f Fi In ance f Lag na.

Teresa Garcia the right to ask for the reopening of the hearing of her
opposition to the inventor , as well as to ask for the appointment of
a special administrator in accordance with law, with the costs to the
appellant. So ordered.

. a. . / a / /000001794675 b0 4b91 5 b003600 b002 009 / /? =Fa 4/5

5/7/2021 PHILIPPINE REPORTS ANNOTATED VOLUME 067

A ance a, C. J., Imperial, Dia , La rel, Concepcion, and

Moran, JJ., concur.

Order af rmed.

_____________

C g 2021 Ce a B S , I c. A g e e ed.

. a. . / a / /000001794675 b0 4b91 5 b003600 b002 009 / /? =Fa 5/5