Utulo v.

Pasion Vda De Garcia

Facts:
Juan Garcia Sanchez died intestate and in the proceedings instituted in the CFI Tarlac for the
administration of his property, Leona Pasion Vda. De Garcia (surviving spouse) was
appointed judicial administratrix. Sanchez left legitimate children, named Juan, Patrocinio
and Luz Garcia. Luz Garcia married Pablo Utulo and during the pendency of the
administration proceedings of her father, she died. Her only forced heirs were her mother
and husband. Pablo filed a petition, which stated the following:
1. That Luz only heirs were himself and his mother-in-law
2. That the only property left by Luz consisted in the share due her from the intestate
of her father, Juan Sanchez
3. That he should be named administrator of the Luz property
Leona objected to the petition and alleged that inasmuch as the said deceased left no
indebtedness, there was no occasion for the said judicial administration. However stated
that should the court grant administration of the property, she should be appointed the
administratrix as she had a better right than Pablo.
Issue:
1. Whether judicial administration of the property left by Luz Garcia lies with the
consequent appointment of an administrator
2. Whether Leona has a better right to the said office than Pablo
Held:
1. No. The general rule is that when a person dies leaving property in the Philippine
Islands, his property should be judicially administered and the competent court should
appoint a qualified administrator, in the order established by law, in case the deceased
left no will, or in case he had left one should he fail to name an executor therein. This
rule, however, is subject to the exceptions. First, when all the heirs are of lawful age
and there are no debts due from the estate, they may agree in writing to partition the
property without instituting the judicial administration or applying for the appointment
of an administrator. According to the second, if the property left does not exceed six
thousand pesos, the heirs may apply to the competent court, after the required
publications, to proceed with the summary partition and, after paying all he known
obligations, to partition all the property constituting the inheritance among themselves
pursuant to law, without instituting the judicial administration and the appointment of
an administrator. There is no weight in the argument adduced by Pablo to the effect
that his appointment as judicial administrator is necessary so that he may have legal
capacity to appear in the intestate of the deceased Juan Garcia Sanchez. As he would
appear in the said intestate by the right of representation, it would suffice for him to
allege in proof of his interest that he is a usufructuary forced heir of his deceased wife
who, in turn, would be a forced heir and an interested and necessary party if she were
living. In order to intervene in said intestate and to take part in the distribution of the
property it is not necessary that the administration of the property of his deceased
wife be instituted an administration, which will take up time and occasion
inconveniences and unnecessary expenses.
2. Thus, there is no need to determine which of the parties has preferential right to the
office of administrator.