Advincula vs.

Teodoro R 82 1 99 phil 413 Emilio Advincula was appointed special administrator, then later regular administrator of his deceased wifes estate. After he qualified as administrator, his brothers-in-law submitted a document purporting to be the deceasedd will. Emilio opposed the probate of the will on the ground that the signature was not his wifes and even if it was, the same was procured by fraud. One of the brothers-in-law, Enrique Lacson, prayed that he Enrique! be appointed administrator in lieu of Emilio. "uring the hearing, it was alleged that Emilio was incompetent, incapable and unsuitable to act as administrator because Emilio is foreign to the estate#. $he court ruled in favor of Enriques motion. Emilio filed an %& but the same was denied so he instituted the present action for certiorari to annul the lower courts order. '(()E* +O, the lower court acted with -A"LE. in granting Lacsons motion /EL"* 0es. $he appointment of Lacson as administrator in lieu of Advincula is predicated on the fact that Lacson was named e1ecutor of the deceasedd will. $his provision, however cannot be enforced until the said will is admitted to probate. $he discovery of a will of the deceased does not ipso facto nullify letters of administration already issued or even authori2e the revocation thereof until the alleged will is 3proved and allowed by the court#. 4urther more, the lower court appears to have followed the argument of the respondents that Emilio, being foreign to the deceaseds estate is incapable of being an administrator. $his argument is u ntenable because from the viewpoint of logic and e1perience, a stranger may be competent, capable and fit to be administrator of the estate in the same way that a family member can be incompetent, incapable and unfit to do so. 5esides, Emilio as the surviving spouse if a forced heir of the deceased. /e is entitled to 6 of all property apart from his share of the other half thereof as heir of the deceased since 3all property of the marriage is presumed to belong to the con7ugal partnership#