Benedicto vs. Javellana

Benedicto vs. Javellana

February 21, 1908 | Torres

Facts:

Maximino Jalandoni, brother of the deceased Maximo Jalandoni, petitioned that the administrator or executor, Julio Javellana, be directed to pay him the sum of P985 which he held, in lieu of the land donated to him in his brother’s will. He alleged that one-half of the hacienda “Lantad” had been bequeathed to him, subject to the payment of certain debts and expenses of the estate; that one-half of said hacienda was sold, the sum of P985 remaining in the possession of Javellana; that Javellana is no longer entitled to retain the P985 since, with the value of the portion inherited by the heirs Francisco Jalandoni and Sofia Jalandoni, there would be more than enough required to pay the other debts and expenses of the estate. 

Javellana alleged that it was not proper to ask, by means of a motion, for the relief that Maximino Jalandoni claimed, but that a complaint should have been filed and action brought against the other legatees or rather against all the parties concerned in the estate, not against the administrator alone. The lower court judge granted the motion.

Issue: Whether Maximino’s claim should be filed in the special proceedings or in a separate action?

Held: In the special proceedings. Any challenge to the validity of a will, any objection to the authentication thereof, and every demand or claim which any heir, legatee or party in interest in a testate or intestate succession may make must be acted upon and decided within the same special proceedings, not in a separate action, and the same judge having jurisdiction in the administration of the estate shall take cognizance of the question raised.

However, considering that everyone stated by the will are mere legatees they have no right to receive their share of the property of the deceased until after his debts have been paid. Contrary to Maximino’s contention, Francisco and Sofia Jalandoni are not heirs but mere legatees. Thus, since all of them are legatees, the debts and expenses of the estate must be paid pro rate by the legatees in the manner provided in the will.

Doctrine: Every demand or claim which any heir, legatee or party in interest in a testate or intestate succession may make must be acted upon and decided within the same special proceedings, not in a separate action.