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de Guzman vs. Angeles

This case involves a dispute between a surviving spouse appointed as special administratrix of her deceased husband's estate and her father-in-law over properties allegedly belonging to the estate but in the father-in-law's possession. The father-in-law challenges the appointment and a writ of possession granted before notice was provided to interested parties. The Supreme Court held that notice is required by law even for appointing a special administrator, as this is a position of trust that needs to notify all interested parties and allow opportunity for objections.

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45 views2 pages

de Guzman vs. Angeles

This case involves a dispute between a surviving spouse appointed as special administratrix of her deceased husband's estate and her father-in-law over properties allegedly belonging to the estate but in the father-in-law's possession. The father-in-law challenges the appointment and a writ of possession granted before notice was provided to interested parties. The Supreme Court held that notice is required by law even for appointing a special administrator, as this is a position of trust that needs to notify all interested parties and allow opportunity for objections.

Uploaded by

Monikka
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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16. DE GUZMAN vs.

ANGELES, 162 SCRA 346

PEDRO DE GUZMAN, petitioner,
vs.
THE HONORABLE JUDGE ZOSIMO Z. ANGELES, RTC BRANCH 58,
MAKATI, METRO, MANILA; DEPUTY SHERIFFS JOSE B. FLORA and
HONORIO SANTOS and ELAINE G. DE GUZMAN, respondents.
G.R. No. 78590. June 20, 1988.

Facts:
This is a dispute between the surviving spouse, Elaine de Guzman, who was
appointed as special administratrix and the father in law, Pedro de Guzman, as to
the properties allegedly belonging to the estate of the deceased Manolito de
Guzman, but was being claimed by, and was in the possession of, the father in law.
Father in law now assails the appointment of daughter in law as special
administratrix, as well as the order for writ of possession, even before notice was
given to him.

Issue: May a probate court act on and/or grant motions for the appointment of a
special administrator, for the issuance of a writ of possession of alleged properties
of the deceased person, and for assistance to preserve the estate in a petition for the
settlement of the intestate estate even before the court has caused notice to be
served upon all interested parties pursuant to section 3, Rule 79 of the Revised
Rules of Court?

Held:
No. The Supreme Court held that NOTICE is needed, even for the appointment of
a special administrator, as it is a position of trust and confidence which needs
notice to inform interested parties and hearing where the petitioner who seeks to be
appointed proves his qualifications, and the oppositor contests it.

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