Peñaverde vs. Peñaverde, GR No. 131141, Oct. 20, 2000
The two cases filed by petitioners are: (1) Sp. Proc. No. Q-94-19471, which seeks letters of administration for the estate of Mariano Peñaverde; and (2) Civil Case No. Q-95-24711, which seeks the annulment of the Affidavit of Self-Adjudication executed by Mariano Peñaverde and the annulment of titles in his name as well as the reopening of the distribution of his estate.
Evidently, in filing Sp. Proc. No. Q-94-19471, petitioners sought to share in the estate of Mariano, specifically the subject land previously owned in common by Mariano and his wife, Victorina. This is also what they hoped to obtain in filing Civil Case No. Q-95-24711.
Indeed, a petition for letters of administration has for its object the ultimate distribution and partition of a decedent's estate. This is also manifestly sought in Civil Case No. Q-95-24711, which precisely calls for the "Reopening of Distribution of Estate" of Mariano Peñaverde. In both cases, petitioners would have to prove their right to inherit from the estate of Mariano Peñaverde, albeit indirectly, as heirs of Mariano's wife, Victorina.
Under the circumstances, petitioners are indeed guilty of forum-shopping. When their appointment as judicial administrators of the estate of Mariano in Sp. Proc. No. Q-94-19471 was questioned by herein respondent, Bernardita Feranil, 10 petitioners filed the second case, Civil Case No. Q-95-24711, as an alternative remedy, obviously to fortify their chances of obtaining a share in the same estate.
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In the case at bar, it cannot be denied that the parties to Sp. Proc. No. Q-94-19471 and Civil Case No. Q-95-24711 are identical. There is also no question that the rights asserted by petitioners in both cases are identical, i.e., the right of succession to the estate of their aunt, Victorina, wife of Mariano. Likewise, the reliefs prayed for — to obtain their share in the estate of Mariano — are the same, such relief being founded on the same facts — their relationship to Mariano's deceased wife, Victorina.
Avelino vs. CA, GR No. 115181, March 31, 2000
Before us is a petition for review on certiorari of the Decision of the Court of Appeals dated February 16, 1994 in CA-G.R. SP No. 31574 as well as its Resolution dated April 28, 1994 denying petitioner's Motion for Reconsideration. The assailed Decision affirmed the Order of the Regional Trial Court of Quezon City, Branch 78, in Sp. Proc. No. Q-91-10441 converting petitioner's petition for the issuance of letters of administration to an action for judicial partition.
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Petitioner insists that the Rules of Court does not provide for conversion of a motion for the issuance of letters of administration to an action for judicial partition. The conversion of the motion was, thus, procedurally inappropriate and should be struck down for lack of legal basis.
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