G.R. No. 115181 – 385 Phil. 1014 – Remedial Law – Special Proceedings – Rule 78; Petition for Issuance of Letters of Administration – Convertible to Judicial Partition – Rule 74; Summary Settlement of Estate
In 1989, Antonio Avelino, Sr. died intestate. In 1991, his daughter, Maria Socorro Avelino filed a petition for the issuance of letters of administration of the estate of his deceased father. All the other heirs however opposed the petition and they moved that the petition be converted into an action for judicial partition of the said estate. The trial court granted the opposition’s motion and so Socorro’s petition was converted accordingly. Socorro’s motion for reconsideration was denied. Socorro then filed a petition for certiorari, prohibition, and mandamus alleging grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the trial court in granting the other heirs’ motion. The Court of Appeals found no reversible error. Socorro elevated the petition to the Supreme Court. She insists that a partition cannot be had because the extent of the estate is not yet determined hence an administration proceeding is still needed. She also insists that the Rules of Court does not provide for a conversion of a petition for administration to an action for partition.
ISSUE: Whether or not Socorro’s petition for the issuance of letters of administration may be converted into an action for judicial partition.
HELD: Yes. This can be based on Section 1 of Rule 74 of the Rules of Court. 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. In this case, all the heirs, with the exception of Socorro, agreed to judicial partition as they see it to be the more convenient method. There is no merit to the contention of Socorro that a partition cannot be had because the extent of the estate is not yet determined. The extent of the estate can actually be determined during the partition proceedings. Therefore, the trial court made no error in converting Socorro’s petition to an action for judicial partition.
