Ernesto Cease v. Court of Appeals AUTHOR: Magsino, Patricia Marie C.

[G.R. No. L-33172, Oct. 18, 1979] Doctrine:

TOPIC: Settlement of decedents estate non-probate
modes of settlement
PONENTE: Guerrero, J.

DOCTRINE:
When partition is possible (in or out of court), the estate should not be burdened with an administration proceeding

FACTS:
Forest Cease incorporated with 5 others to from Tiaong Milling &Plantation Company, they subsequently
acquired several properties
All original incorporators were brought out by Forest Cease and his children
Forest died, Benjamin &Florence Cease wanted actual division while his other children wanted to re-
incorporate
Benjamin & Florence initiated a special proceeding for the settlement of Forest Ceases estate, the other
children re-incorporated
The judge dismissed the special proceeding for administration, so the defendants brought the case to the SC
but it was remanded to the CA
The CA dismissed the petition, hence present petition

ISSUE(S):
Was the lower court correct in dismissing the Special Proceeding for Administration?
HELD:
Yes.

RATIO:
The Court held that when judicial administration is unnecessary, partition will be favored
The estate has no creditors, no pending obligations, and all of the heirs are of legal age
When partition is possible (in or out of court), the estate should not be burdened with an administration proceeding