MONSERRAT vs IBAÑEZ (88 PHIL 785)

Facts:

Vicenta Salamanca died intestate leaving as heirs 1 son and 4 daughters. Ramon (son) filed in
CFI Laguna a petition for his appointment as administrator of the properties of his deceased
mother. His sisters (respondents) opposed saying that they are all of age; the debts and
obligations of the estate has already been paid; that they did not want to be burdened with
admin proceedings; and that Ramon's remedy was to sue for partition under Rule 74 of Revised
Rules of Court.

Judge Ibanez issued an order stating that in accordance with Fule v Fule the proper remedy
should be an action for partition because all the heirs were of age and there were no debts of
the estate. He required the sisters to institute partition proceedings and that the litigation begun
by Ramon will be held in abeyance.

The sisters filed an action for partition. Ramon filed this special civil action alleging that the
respondent judge had committed grave abuse of discretion. He prayed for the court to proceed
with the hearing of his petition for administration. Petitioner asserts that it is not known whether
there are any debts because these may be shown only in the administration proceedings but he
did not assert otherwise when respondents' affidavit says that there was no debt. He argues
that only when the heirs do not have any dispute as to the bulk of hereditary estate but only in
the manner of partition does Section 1 Rule 74 of ROC apply, and that in this case the parties
are at loggerheads as to the corpus of the hereditary estate because respondents succeeded in
sequestering some assets of the intestate.

Issue:

Whether or not the administration proceedings should be held in abeyance.

HELD:

Yes. Fule v Fule applies: where there are no debts, the heirs are not bound to submit the
property to a judicial administration which is always long and costly or to apply for an
appointment of an admin by the court. These proceedings are superfluous and unnecessary.

The creditors are protected even if, without benefit of the administration, the estate is distributed
in an action for partition.

Questions as to what property belonged to the deceased (and to the heirs) may properly be
ventilated in the partition proceedings, especially where such property is in the hands of one
heir.

SC also said that the admin proceedings will be dismissed soon, inasmuch as the partition suit
has already been instituted, because the court has already intimated that the proceedings will
be suspended pending the presentation of the other suit.