Sandejas v Lina

G.R. No. 141634

others that the matter of the claim of Intervenor Alex A. Lina becomes a money

February 5, 2001

claim to be filed in the estate of the late Mr. Eliodoro P. Sandejas Heirs of Spouses REMEDIOS R. SANDEJAS and ELIODORO P. SANDEJAS SR. -- ROBERTO R. SANDEJAS, ANTONIO R. SANDEJAS, CRISTINA SANDEJAS MORELAND, BENJAMIN R. SANDEJAS, REMEDIOS R. SANDEJAS, and heirs of SIXTO S. SANDEJAS II, RAMON R. SANDEJAS, TERESITA R. SANDEJAS, and ELIODORO R. SANDEJAS JR., all represented by ROBERTO R. SANDEJAS, petitioners, vs. ALEX A. LINA, respondent.

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Respondent Alex Lina moved for the consolidation of this civil case with the special proceedings case: 'IN RE: INTESTATE ESTATE OF ELIODORO P. SANDEJAS, SR;

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The motion was granted by the court

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Intervenor Alex A. Lina filed [a] Motion for his appointment as a new administrator of the Intestate Estate of Remedios R. Sandejas which was granted by the court. However, Sixto, the son of Sandejas, moved that he be the one to be assigned as the administrator; such motion was granted by the court. Alex was replaced by

INTRODUCTION (worth-reading to give you a gist of the entire case):

Sixto -

Ruling of the Lower Court: o

A contract of sale is not invalidated by the fact that it is subject to probate court approval.

directed to pay the balance of the purchase price amounting to

The transaction remains binding on the seller-heir, but not on the o ther heirs who have not

P729,000.00 within thirty (30) days from receipt of this Order and the

given their consent to it. In settling the estate of the deceased, a probate court has

Administrator is directed to execute within thirty (30) days thereafter

 jurisdiction over matters incidental and collateral collateral to the exercise of its recognized powers.

the necessary and proper deeds of conveyancing

Such matters include selling, mortgaging or otherwise encumbering realty belonging to the estate. Rule 89, Section 8 of the Rules of Court, deals with the conveyance of real property

The lower court upheld the sale between Sandejas and Alex Lina and

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Ruling of the Court of Appeals: o

contracted by the decedent while still alive. In contrast with Sections 2 and 4 of the same

No sale involved. The CA held that the contract between Eliodoro Sandejas Sr. and respondent was merely a contract to sell, not a

Rule, the said provision does not limit to the executor or administrator the right to file the

perfected contract of sale.

application for authority to sell, mortgage or otherwise encumber realty under o

administration. The standing to pursue such course of action before the probate court inures

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The CA held that Section 1, Rule 89 of the Rules of Court was inapplicable, because the lack of written notice to the o ther heirs

to any person who stands to be benefited or injured by the judgment or to be entitled to the

showed the lack of consent of thos e heirs other than Eliodoro Sandejas

avails of the suit

Sr. For this reason, bad faith was imputed to him, for no one is allowed to enjoyed a claim arising from one’s own wrongdoing. Thus, Eliodoro

FACTS:

Sr. was bound, as a matter of justice and good faith, to comply with his -

contractual commitments as an owner and heir.

Eliodoro Sandejas, Sr. filed a petition in the lower court praying that letters of  administration be issued in his favor for the settlement of the estate of his wife,

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Petitioner files a petition before the Supreme Court; contentions:

REMEDIOS R. SANDEJAS, who died on April 17, 1955 -

Letters of Administration were issued and he took his oath as an administrator

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On April 19, 1983, an Omnibus Pleading for motion to intervene and petition-in-

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intervention was filed by [M]ovant Alex A. Lina alleging among others that on June 7, 1982, movant and [A]dministrator Eliodoro P. Sandejas, in his capacity a s seller,

 jurisdiction over ordinary civil action seeking seeking not merely to enforce a sale but to compel performance of a contract falls upon a civil court, not upon an intestate court; and (b) that Section 8 of Rule 89 allows the executor or administrator, and no one else, to file an application for approval of a sale of the property under administration.

bound and obligated himself, his heirs, administrators, and assigns, to sell forever and absolutely and in their entirety the following parcels of land which formed part of the estate of the late Remedios R. Sandejas *(intervenor filed an evidence of receipt of earnest money with promise to buy; P70,0 00.00 was given as earnest -

ISSUE: Whether the [trial court] acting as a probate court could approve the sale and compel the

money and another P100,000.00 in addition therewith)*

petitioners to execute [a] deed of conveyance even for the share alone of Eliodoro P.

"On January 7, 1985, the counsel for [A]dministrator Eliodoro P. Sandejas filed a

Sandejas Sr." YES.

[M]anifestation alleging among others that the administrator, Mr. Eliodoro P. Sandejas, died sometime in November 1984 in Canada. He also alleged, among

RULING:

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Probate jurisdiction covers all matters relating to the settlement of estates (Rules 74 & 86-91) and the probate of wills (Rules 75-77) of deceased persons, including the appointment and the removal of administrators and executors (Rules 78-85). It also extends to matters incidental and collateral to the exercise of a probate court's recognized powers such as selling, mortgaging or otherwise encumbering realty belonging to the estate. Indeed, the rules on this point are intended to settle the estate in a speedy manner, so that the benefits that may flow from such settlement may be immediately enjoyed by the heirs and the beneficiaries

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In the present case, the Motion for Approval was meant to settle the decedent's obligation to respondent; hence, that obligation clearly falls under the jurisdiction of the settlement court. To require respondent to file a separate action -- on whether petitioners should convey the title to Eliodoro Sr.'s share of th e disputed realty -- will unnecessarily prolong the settlement of the intestate estates of the deceased spouses.

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The suspensive condition did not reduce the conditional sale between Eliodoro Sr. and respondent to one that was "not a definite, clear and absolute document of  sale," as contended by petitioners. Upon the occurrence of the condition, the conditional sale became a reciprocally demandable obligation that is binding upon the parties