Beruflich Dokumente
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ANGELES
Short summary: This is a dispute between the surviving spouse (appointed
special administratrix) and the father in law as to the properties allegedly
belonging to the estate of the deceased but was being claimed by, and was in
the possession of, the father in law. Father in law now assails the appointment
of daughter in law as special administratrix, as well as the order for writ of
possession, even before notice was given to him. Court held that NOTICE is
needed, even for the appointment of a special administrator, as it is a position
of trust and confidence which needs notice (to inform interested parties) and
hearing where the petitioner who seeks to be appointed proves his
qualifications, and the oppositors contests it.
Facts:
-Manolito de Guzman died intestate.
-Elaine de Guzman (surviving spouse) filed petition for settlement of intestate
estate of the decedent before RTC Makati, alleging the following:
Manolito died in Makati, as a resident of Makati
Left properties which were acquired after the marriage of Manolito and Elaine
(thus Conjugal property)
Possible creditors
Copulsory heirs: Elaine (SS), 2 minor Children
Manolito died intestate (w/o a will)
Elaine most qualified to be the administrator
+ filed motion for writ of possession over 5 of Manolito's vehicles (who were in
the possession of Manolito's father - Pedro de Guzman - the petitioner):
granted!
WON a probate court may appoint a special administratrix and issue a writ
of possession of alleged properties of a decedent for the preservation of
the estate in a petition for the settlement of the intestate estate of the
said deceased person even before the probate court causes notice to be
served upon all interested parties pursuant to section 3, Rule 79 of the
Revised Rules of Court?
WON the orders could have been issued w/o notice: ONLY if there's
urgency
-Here: no necessity/urgency for the issuance of the said orders w/o first giving
notice to interested persons; no avoidable delay
-emergency situations threatening the dissipation of the assets of an estate
justify a court's immediately taking some kind of temporary action even
without the required notice
"In order to fully and correctly ascertain the suitability of the applicant to the
trust, a hearing is obviously necessary wherein the applicant can prove his
qualifications and at the same time affording oppositors, given notice of such
hearing and application, the opportunity to oppose or contest such application.