Garcia-Quiazon vs. Belen G.R. No. 189121 July 31, 2013 Facts

GARCIA-QUIAZON vs. BELEN G.R. No.
189121 July 31, 2013

husband or wife, or next of kin, requests to have
Facts:
appointed, if competent and willing to serve;
This case started as a Petition for Letters of Administration of the
Estate of Eliseo Quiazon (Eliseo), filed by herein respondents who are (b) If such surviving husband or wife, as the case
Eliseo's common-law wife and daughter. The petition was opposed by may be, or next of kin, or the person selected by
herein petitioners Amelia Garcia-Quaizon (Amelia) to whom Eliseo... them, be incompetent or unwilling, or if the
was married. Amelia was joined by her children, Jenneth Quiazon husband or widow, or next of kin, neglects for thirty
(Jenneth) and Maria Jennifer Quiazon (Jennifer). (30) days after the death of the person to apply for
administration or to request that administration be
Eliseo died intestate on 12 December 1992. granted to some other person, it may be granted
On 12 September 1994, Maria Lourdes Elise Quiazon (Elise), to one or more of the principal creditors, if
represented by her mother, Ma. Lourdes Belen (Lourdes), filed a competent and willing to serve;
Petition for Letters of Administration before the Regional Trial Court
(RTC) of Las Piñas City. Elise claims that she is the natural child of (c) If there is no such creditor competent and
Eliseo having been conceived and born at the time when her parents willing to serve, it may be granted to such other
were both capacitated to marry each other. Insisting on the legal person as the court may select.
capacity of Eliseo and Lourdes to marry, Elise impugned the validity of
Upon the other hand, Section 2 of Rule 79 provides that a petition for
Eliseo's marriage to Amelia by claiming that it was bigamous for having Letters of Administration must be filed by an interested person, thus:
been contracted during the subsistence of the latter's marriage with
one Filipito Sandico (Filipito). To prove her filiation to the decedent,
Elise, among others, attached to the Petition for Letters of Sec. 2. Contents of petition for letters of administration. — A petition
Administration her Certificate of Live Birth signed by Eliseo as her for letters of administration must be filed by an interested person and
must show, so far as known to the petitioner:
father.
Claiming that the venue of the petition was improperly laid, Amelia, (a) The jurisdictional facts;
together with her children, Jenneth and Jennifer, opposed the
issuance of the letters of administration by filing an Opposition/Motion (b) The names, ages, and residences of the heirs,
to Dismiss.The petitioners asserted that as shown by his Death and the names and residences of the creditors, of
Certificate, Eliseo was a resident of Capas, Tarlac and not of Las Piñas the decedent;
City, at the time of his death where the petition for settlement of
decedent's estate should have been filed in Capas, Tarlac and not in
(c) The probable value and character of the
Las Piñas City.
property of the estate;
The RTC directed the issuance of Letters of Administration to Elise
upon posting the necessary bond. The lower court ruled that the (d) The name of the person for whom letters of
venue of the petition was properly laid in Las Piñas City, CA affirmed administration are prayed.
decision. Hence this petition.
Issues: But no defect in the petition shall render void the issuance of letters of
administration.
WON Elise Quiazon has shown any interest in the petition for letters
of administration. An "interested party," in estate proceedings, is one who would be
benefited in the estate, such as an heir, or one who has a claim against
Ruling: the estate, such as a creditor. Also, in estate proceedings, the phrase
"next of kin" refers to those whose relationship with the decedent Is
Yes. such that they are entitled to share in the estate as distributes.
Section 6, Rule 78 of the Revised Rules of Court lays down the In the instant case, Elise, as a compulsory heir who stands to be
preferred persons who are entitled to the issuance of letters of benefited by the distribution of Eliseo’s estate, is deemed to be an
administration, thus: interested party. With the overwhelming evidence on record produced
by Elise to prove her filiation to Eliseo, the petitioners’ pounding on her
lack of interest in the administration of the decedent’s estate, is just a
Sec. 6. When and to whom letters of administration granted. — If no
desperate attempt to sway this Court to reverse the findings of the
executor is named in the will, or the executor or executors are
Court of Appeals. Certainly, the right of Elise to be appointed
incompetent, refuse the trust, or fail to give bond, or a person dies
administratix of the estate of Eliseo is on good grounds. It is founded
intestate, administration shall be granted:
on her right as a compulsory heir, who, under the law, is entitled to her
legitimate after the debts of the estate are satisfied.Having a vested
(a) To the surviving husband or wife, as the case right in the distribution of Eliseo’s estate as one of his natural children,
may be, or next of kin, or both, in the discretion of Elise can rightfully be considered as an interested party within the
the court, or to such person as such surviving purview of the law.

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189121 July 31, 2013

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