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ILDEFONSO LACHENAL Vs EMILIO SALAS - Paulo

1) Victorio Lachenal died in 1969 and his will named his son Ildefonso as executor. Ildefonso included a fishing boat called Lachenal VII in the estate inventory. 2) Victorio's daughter Flaviana, who had purchased the boat from her father in 1967, claimed ownership of the boat. 3) The probate court appointed a commissioner to determine ownership of the boat. However, Ildefonso and the other heirs instead filed a separate civil case to recover the boat, as questions of title are better resolved separately from the estate proceeding.

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Paulo Villarin
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41 views

ILDEFONSO LACHENAL Vs EMILIO SALAS - Paulo

1) Victorio Lachenal died in 1969 and his will named his son Ildefonso as executor. Ildefonso included a fishing boat called Lachenal VII in the estate inventory. 2) Victorio's daughter Flaviana, who had purchased the boat from her father in 1967, claimed ownership of the boat. 3) The probate court appointed a commissioner to determine ownership of the boat. However, Ildefonso and the other heirs instead filed a separate civil case to recover the boat, as questions of title are better resolved separately from the estate proceeding.

Uploaded by

Paulo Villarin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ILDEFONSO LACHENAL vs EMILIO SALAS intestate proceeding but should be ventilated in a

G.R. no. L-42257 June 14, 1976 separate action.

Normally, it is expedient and convenient that the


question of title to property, which arises between the
FACTS:
decedent's estate and other persons, should be
Victorio Lachenal died on November 20, 1969. His testate adjudicated in a separate action because such a question
estate is pending settlement in the Court of First Instance requires the presentation of appropriate pleadings
of Rizal, Pasig Branch I (Special Proceeding No. 5836). His (complaint, motion to dismiss, answer, counterclaim and
son, Ildefonso Lachenal, was named executor of his will. reply). A resort to the modes of discovery may be
Among the properties included in the inventory of his necessary so that the issues maybe clearly defined and
estate is a fishing boat called Lachenal VII. On April 1, the trial may be expedited. Those matters can be
1971 the executor filed in that proceeding a motion to effectively accomplished in an ordinary action rather
require the spouses Lope L. Leonioand Flaviana Lachenal- than in the testamentary or intestate proceeding. The
Leonio to pay the rentals for the lease of Lachenal court may also have to resolve ancillary issues as to
VII.Mrs. Leonio, who was a daughter of the testator, damages and counterclaims for money or property.
opposed the executor's motion. She countered with a Ultimately, execution has to be issued. The execution of
motion to exclude the fishing boat from the decedent's a judgment is usually made by the Court of First Instance
estate. She claimed that she is the owner of the boat in an ordinary action and not in a special proceeding.
because she purchased it from her father in 1967. The
executor opposed the motion for exclusion. The probate
court in its order of January 28, 1972 designated a
commissioner to receive the evidence of the parties
relative to the ownership of the motorboat. Mrs. Leonio
had already finished the presentation of her evidence
before the commissioner. The executor did not present
his countervailing evidence. Instead, he and the
testator's other children filed in the CFI of Rizal an action
against the Leonio spouses and the other three children
of the testator named Crispula, Modesto and Esperanza,
for the recovery of the motorboat Lachenal VII -Civil Case
No. 3597.

ISSUE:

WON the probate court may pass upon the issue of


ownership of the fishing boat.

HELD:

NO.

The Court held that the title to the fishing boat should be
determined in Civil Case No. 3597 because it affects the
lessee thereof, Lope L Leonio, the decedent's son-in-law,
who, although married to his daughter or compulsory
heir, is nevertheless a third person with respect to his
estate. "The administrator may not pull him against his
will, by motion, into the administration proceeding". This
case falls under the general rule that questions as to title
to property cannot be passed upon in the testate or

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