EDUARDA BENEDICTO, administratrix of the estate of Maximino Jalandoni vs.

JULIO
JAVELLANA, 10 PHIL 197 (1908)

FACTS:
Maximino Jalandoni passed away and left a will, which became the subject of
probate proceedings. Maximo, the brother of the deceased, filed a petition in writing
with the probate court demanding the delivery of 985. this was the sum paid to the
administrator, Javellana, after the latter sold the property, which Maximo was
supposed to inherit by legacy. Maximo died and Eduardo Benedicto, the
administrator of his estate, represented him.
Javellana filed an answer to the petition and alleged that it was not proper to ask by
means of a motion for relief of that Maximo Jalandoni claimed, but that a separate
complaint should have been filed naming all the parties concerned in the estate.

ISSUE/S:
Whether a separate action should be filed instead of a motion or petition in writing.

HELD:
NO need for a separate action. Any incident which might arise in connection with
special proceedings, such as impugning the validity of a will, or objecting to the
authentication thereof, and every demand or claim which any heir, legatee, or party
in interest in a testate or intestate succession may make, must be acted upon and
decided within the same special proceedings not in a separate action and the same
judge having jurisdiction in the administration of the estate shall take cognizance of
the question raised, inasmuch as when the day comes he will be called upon to
make distribution and adjudication of the property to the interested parties.