Antonio Quirino vs. Hon.

Grospe

G.R. No. L-58797 January 31,1989

FACTS: Don Alfonso Castellvi died in Spain. In his Last Will and Testament, he bequeathed 2/3 of his
estate to his legally adopted daughter, Natividad, and 1/3 to his brother, Don Juan was made
administrator of the estate. Don Juan was then already married to Carmen Mendoza Castellvi. Don
Alfonso's will was admitted to probate in the CFI-Pampanga. In 1949, during pendency of proceedings,
Don Juan died testate. In 1980, Carmen Castellvi, filed a petition in the CFI of Rizal to probate the will of
her late husband, Don Juan.

In his last will and testament, Don Juan gave the usufruct of his entire estate to his widow. Upon
Carmen's death, two of her children, Carmen de Castellvi and Dolores Castellvi vda. de Gil, prayed the
probate court to be substituted as petitioners, but only to move for the dismissal of the petition on the
same day. The probate court granted their request. Soon after they had obtained the dismissal of the
petition for the probate of their father's will, a petition for intestacy of Carmen M. Castellvi was filed,
again by her daughters Carmen and Dolores in CFI-QC. Jesus David claims he was a creditor of Carmen
M. Castellvi, with a lien on her fees as administratrix of the estate of Don Alfonso Castellvi and on her
share in the estate as one of the heirs.

In 1981 the petition was dismissed for lack of interest on the part of the petitioners. However, Antonio
Quirino, creditor-petitioner, petitioned the court to set the case for hearing, stating his interest. Court
set aside the Order of dismissal and appointed Antonio as Special Administrator, with a directive to
determine the estate of Carmen Castellvi, for settlement of Don Alfonso’s estate. Meanwhile, during the
pendency of the special proceedings in the CFI Pampanga, Natividad Castellvi died testate. A petition for
the probate of her will was filed in the CFI Pasig. Antonio Quirino was appointed Special Administrator.

Following the last publication of notice to creditors several claimants, the claim of Nieves Toledo was
approved for payment. Petitioner Antonio Quirino, now contends that, after having disposed of the only
valid claim against the estate of Don Alfonso Castellvi, namely, that of Ma. Nieves Toledo, the probate
court should have proceeded with the settlement and distribution of the estate of the instituted heirs, in
accordance with the dispositions of the Will of the testator Don Alfonso, as the extent and value of his
estate had already been determined. However, the probate court did not do this but, instead,
entertained controversial and purely money claims, not against the estate but against the instituted
heirs, of the estate, which have dissipated the value of the estate.

ISSUES:

1. Whether the claim of a creditor against an administrator of an estate with a lien on the
administratrix fees can be entertained in the settlement proceedings of the estate.

2. Whether the attorney’s fees of the lawyers of the heirs of Natividad and Don Juan estates can
be entertained against their shares in the estate as the heirs of Don Alfonso.

HELD:
1. NO. The claims must be entertained in the settlement proceedings of the estate of Carmen. The
claim of the creditor against an heir was not proper. Jesus David alleged that he was a creditor
of Carmen (Administrator of Don Alfonso) with a lien on Carmen’s fees as administratrix. The
claims cannot be entertained in this settlement proceedings of the estate of Don Alfonso, but in
the settlement proceedings of the estate of Carmen.

2. NO. Advances of the inheritance to the heirs were irregular. The Court cannot sanction the
procedure of allowing this disbursement as an advance of the inheritance of the heirs of the
decedent because this would, in the first place, be an irregular procedure, and, in the second
place, it gratuitously assumes that the estate of the deceased will end up with a net residue.
Attys. Gomez and Raquiza are hereby ordered to return to the estate of Don Alfonso, the
respective amounts they have received from said estate. In fine, the Court hereby orders the
final settlement, termination and closure of this unduly delayed estate proceedings, Sp. Proc.
No. 6824, "Testate Estate of the late Don Alfonso de Castellvi" where the shares of Natividad
Castellvi-Raquiza and Juan Castellvi have only to be finally determined, quantified and
distributed to said instituted heirs or their respective estates.