G.R. No.
115181 March 31, 2000
MARIA SOCORRO AVELINO, petitioner, vs. COURT OF APPEALS, ANGELINA
AVELINO, SHARON AVELINO, ANTONIO AVELINO, JR., TRACY AVELINO,
PATRICK MICHAEL AVELINO and MARK ANTHONY AVELINO, respondents.
FACTS:
Petitioner Maria Socorro Avelino is a daughter and compulsory heir of the late
Antonio Avelino, Sr., and his first wife private respondent Angelina Avelino.
The other private respondents, Sharon, Antonio Jr., Tracy, Patrick and Mark
Anthony all surnamed Avelino are likewise compulsory heirs of Avelino, Sr.
Sharon, an American, is the second wife of Avelino Sr.
In 1991, Ma. Socorro filed before the RTC Quezon City a petition for the
issuance of letters of administration of the estate of Antonio Avelino, Sr., who
died intestate in 1989. She asked that she be appointed the administrator of the
estate.
In 1992, Angelina and the siblings filed their opposition by filing a motion to
convert the said judicial proceedings to an action for judicial partition which
petitioner duly opposed.
The RTC ruled in favor of the respondents, ordering that the petition be
converted into judicial partition of the estate of deceased Antonio Avelino, Sr.
The parties are directed to submit a complete inventory of all the real and
personal properties left by the deceased.
The petitioner filed a petition before the CA, but it was denied.
ISSUE: Whether partition is proper
RULING:
YES. When a person dies intestate, or, if testate, failed to name an executor in his will
or the executor so named is incompetent, or refuses the trust, or fails to furnish the
bond required by the Rules of Court, then the decedent's estate shall be judicially
administered and the competent court shall appoint a qualified administrator in the order
established in Section 6 of Rule 78.5 The exceptions to this rule are found in Sections 1
and 2 of Rule 746 which provide:
Sec. 1. Extrajudicial settlement by agreement between heirs. — If the decedent
left no will and no debts and the heirs are all of age or the minors are
represented by their judicial or legal representatives duly authorized for the
purpose, the parties may, without securing letters of administration, divide the
estate among themselves as they see fit by means of a public instrument filed in
the office of the register of deeds, and should they disagree, they may do so in
an ordinary action of partition xxx
The heirs succeed immediately to all of the rights and properties of the deceased at the
moment of the latter's death.7 Section 1, Rule 74 of the Rules of Court, allows heirs to
divide the estate among themselves without need of delay and risks of being dissipated.
When a person dies without leaving pending obligations, his heirs, are not required to
submit the property for judicial administration, nor apply for the appointment of an
administrator by the court.
We note that the Court of Appeals found that in this case "the decedent left no debts
and the heirs and legatees are all of age." With this finding, it is our view that Section 1,
Rule 74 of the Rules of Court should apply.
In a last-ditch effort to justify the need for an administrator, petitioner insists that there is
nothing to partition yet, as the nature and character of the estate have yet to be
determined. We find, however, that a complete inventory of the estate may be done
during the partition proceedings, especially since the estate has no debts. Hence, the
Court of Appeals committed no reversible error when it ruled that the lower court did not
err in converting petitioner's action for letters of administration into an action for judicial
partition.
The basis for the trial court's order is Section 1, Rule 74 of the Rules of Court. It
provides that in cases where the heirs disagree as to the partition of the estate and no
extrajudicial settlement is possible, then an ordinary action for partition may be resorted
to, as in this case. We have held that where the more expeditious remedy of partition is
available to the heirs, then the heirs or the majority of them may not be compelled to
submit to administration proceedings.
