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SPECPRO - 23 - Reynoso vs. Santiago - DIGEST

This case involved a dispute over the administration of the estate of Salvadora between her husband Victorio, eldest son Juan, and other heirs Leoncio. The court initially appointed Meliton as special administrator. Victorio and Juan later filed Salvadora's will, seeking to reopen probate proceedings and have Victorio reappointed as executor. The lower court denied reopening probate. The Supreme Court ruled that (1) the decision on reopening probate was within the lower court's discretion and did not prejudice rights, and (2) while the surviving spouse has preference, the court has discretion in appointments and mandamus does not allow compelling a specific appointment.

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402 views1 page

SPECPRO - 23 - Reynoso vs. Santiago - DIGEST

This case involved a dispute over the administration of the estate of Salvadora between her husband Victorio, eldest son Juan, and other heirs Leoncio. The court initially appointed Meliton as special administrator. Victorio and Juan later filed Salvadora's will, seeking to reopen probate proceedings and have Victorio reappointed as executor. The lower court denied reopening probate. The Supreme Court ruled that (1) the decision on reopening probate was within the lower court's discretion and did not prejudice rights, and (2) while the surviving spouse has preference, the court has discretion in appointments and mandamus does not allow compelling a specific appointment.

Uploaded by

Ojie Santillan
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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Reynoso vs. Santiago, 85 Phil. 268, No.

L-3039 December 29, 1949

FACTS:

Victorio, the husband of the deceased Salvadora, and the latter’s eldest son, Juan, opposed the
application for the administration of the property she left which was filed by Leoncio and the other heirs
of Salvadora. Meliton was appointed by the court as the special administrator of the properties left by
Salvadora.

In their opposition, Victorio and Juan filed a document which was proven to be Salvadora’s last will and
testament. Thereafter Victorio and Juan proposed to reopen the probate proceedings and reappoint
Victorio as the executor. The reopening of the probate proceedings was not given due course by the
lower court.

ISSUE:

1. W/N the probate proceedings should be reopened. (NO)


2. W/N Victorio should be reappointed as the administrator of his deceased spouse’s estate. (NO)

RULINGS:

1. No. Whether the intestate proceeding already commenced should be discontinued and a new
proceeding under a separate number and title should be constituted is entirely a matter of form
and lies within the sound discretion of the court. In no manner does it prejudice the substantial
rights of any heirs or creditors. Amor propio is perhaps the only thing is at stake on this phase of
the controversy. Hence, the reopening of the probate proceedings in this case cannot be
allowed.

2. No. While the surviving spouse is entitled to preference in the appointment (Section 6, Rule 79),
circumstances might warrant his rejection and the appointment of someone else. Mandamus
lies where the duty is specific and ministerial. It does not lie where judgment or discretion is
exercised in the performance of the act. Applying the rule to this case, it is proper to command
the court below to appoint a regular administrator, but it is not proper to tell it whom to
appoint. Thus, Victorio cannot be reappointed as the administrator of his deceased spouse’s
properties.

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