RIOFERIO vs. CA

RIOFERIO vs. CA

January 13, 2004

FACTS:

Alfonso P. Orfinada, Jr. died without a will leaving several personal and real properties. He also left a widow, respondent Esperanza P. Orfinada, whom he had seven children who are the herein respondents.

      Also, the decedent also left his paramour and their children. They are petitioner Teodora Riofero and co-petitioners Veronica, Alberto and Rowena. Respondents Alfonso James and Lourdes (legitimate children of the deceased) discovered that petitioner Teodora and her children executed an Extrajudicial Settlement of Estate of a Deceased Person with Quitclaim involving the properties of the estate of the decedent located in Dagupan City.

      Respondent Alfonso filed a Petition for Letters of Administration. Respondents filed a Complaint for the Annulment/Rescission of Extra Judicial Settlement of Estate. Petitioners raised the affirmative defense that respondents are not the real parties-in-interest but rather the Estate of Alfonso O. Orfinada, Jr. in view of the pendency of the administration proceedings.

ISSUE:

Whether or not the heirs may bring suit to recover property of the estate pending the appointment of an administrator.

HELD:          

Pending the filing of administration proceedings, the heirs without doubt have legal personality to bring suit in behalf of the estate of the decedent in accordance with the provision of Article 777 of the New Civil Code "that (t)he rights to succession are transmitted from the moment of the death of the decedent." The provision in turn is the foundation of the principle that the property, rights and obligations to the extent and value of the inheritance of a person are transmitted through his death to another or others by his will or by operation of law.

 

 Even if administration proceedings have already been commenced, the heirs may still bring the suit if an administrator has not yet been appointed. This is the proper modality despite the total lack of advertence to the heirs in the rules on party representation.