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  • Manalo Vs CA

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    ELDA QUIROG
    105 vizualizări1 pagină
    1) Eight of Troadic Manalo's 11 surviving children filed a petition for the judicial settlement of their late father's estate and appointment of their brother Romeo Manalo as administrator. 2) The issue is whether Article 151, which requires earnest efforts toward compromise prior to filing a petition, applies in this case. 3) The court held that Article 151 only applies to ordinary civil actions, not special proceedings like petitions for estate administration, settlement, and distribution, as this case involves. Since the petitioners were not being sued for any cause of action, Article 151 does not apply.

    Descriere originală:

    Manalo vs CA Manalo vs CA GR No. 129242, January 16, 2001

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    Manalo vs CA

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    1) Eight of Troadic Manalo's 11 surviving children filed a petition for the judicial settlement of their late father's estate and appointment of their brother Romeo Manalo as administrator. 2) The issue is whether Article 151, which requires earnest efforts toward compromise prior to filing a petition, applies in this case. 3) The court held that Article 151 only applies to ordinary civil actions, not special proceedings like petitions for estate administration, settlement, and distribution, as this case involves. Since the petitioners were not being sued for any cause of action, Article 151 does not apply.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    105 vizualizări1 pagină

    Manalo Vs CA

    Încărcat de

    ELDA QUIROG
    1) Eight of Troadic Manalo's 11 surviving children filed a petition for the judicial settlement of their late father's estate and appointment of their brother Romeo Manalo as administrator. 2) The issue is whether Article 151, which requires earnest efforts toward compromise prior to filing a petition, applies in this case. 3) The court held that Article 151 only applies to ordinary civil actions, not special proceedings like petitions for estate administration, settlement, and distribution, as this case involves. Since the petitioners were not being sued for any cause of action, Article 151 does not apply.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    Manalo vs CA

    Manalo vs CA
    GR No. 129242, January 16, 2001

    FACTS:

    Troadic Manalo who died on February 1992, was survived by his Pilar and his 11 children. The
    deceased left several real properties in Manila and a business in Tarlac. In November 1992, herein
    respondents, 8 of the surviving children, filed a petition with RTC Manila for the judicial settlement
    of the estate of their late father and for appointment of their brother Romeo Manalo as administrator
    thereof. Hearing was set on February 11, 1993 and the herein petitioners were granted 10 days
    within which to file their opposition to the petition.

    ISSUE: WON the case at bar is covered under Article 151 where earnest efforts toward compromise
    should first be made prior the filing of the petition.

    HELD:

    It is a fundamental rule that in the determination of the nature of an action or proceeding, the
    averments and the character of the relief were sought in the complaint or petition, shall be
    controlling. The careful scrutiny of the petition for the issuance of letters of administration,
    settlement and distribution of the estate belies herein petitioners’ claim that the same is in the nature
    of an ordinary civil action. The provision of Article 151 is applicable only to ordinary civil
    actions. It is clear from the term “suit” that it refers to an action by one person or persons against
    another or other in a court of justice in which the plaintiff pursues the remedy which the law affords
    him for the redress of an injury or enforcement of a right. It is also the intention of the Code
    Commission as revealed in the Report of the Code Commission to make the provision be applicable
    only to civil actions. The petition for issuance of letters of administration, settlement, and
    distribution of estate is a special proceeding and as such a remedy whereby the petitioners therein
    seek to establish a status, a right, or a particular fact. Hence, it must be emphasized that herein
    petitioners are not being sued in such case for any cause of action as in fact no defendant was
    pronounced therein.

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