In 1989, Antonio Avelino, Sr. died intestate.

In 1991, his daughter, Maria Socorro Avelino

filed a petition for the issuance of letters of administration of the estate of his deceased
father. All the other heirs however opposed the petition and they moved that the petition be
converted into an action for judicial partition of the said estate. The trial court granted the
opposition’s motion and so Socorro’s petition was converted accordingly. Socorro’s motion
for reconsideration was denied. Socorro then filed a petition for certiorari, prohibition,
and mandamus alleging grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of the trial court in granting the other heirs motion. The Court of
Appeals found no reversible error. Socorro elevated the petition to the Supreme Court. She
insists that a partition cannot be had because the extent of the estate is not yet determined
hence an administration proceeding is still needed. She also insists that the Rules of Court
does not provide for a conversion of a petition for administration to an action for partition.

ISSUE: Whether or not Socorro’s petition for the issuance of letters of administration may
be converted into an action for judicial partition.

HELD: Yes. This can be based on Section 1 of Rule 74 of the Rules of Court. Where the
more expeditious remedy of partition is available to the heirs, then the heirs or the majority
of them may not be compelled to submit to administration proceedings. In this case, all the
heirs, with the exception of Socorro, agreed to judicial partition as they see it to be the more
convenient method. There is no merit to the contention of Socorro that a partition cannot be
had because the extent of the estate is not yet determined. The extent of the estate can
actually be determined during the partition proceedings. Therefore, the trial court made no
error in converting Socorro’s petition to an action for judicial partition