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    Vda de Manalo v. CA

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    Angela Louise Sabaoan
    The document summarizes a case regarding the estate of Troadio Manalo who died intestate. Eight of his surviving children filed a petition for the judicial settlement of the estate and appointment of an administrator. Some of the other children (petitioners) contested jurisdiction and argued efforts at compromise were needed. The Court of Appeals dismissed the petition. The Supreme Court ruled that efforts at compromise are not required in special proceedings like estate settlements, as this is not an ordinary civil action where one party sues another, but rather seeks to establish rights and status regarding the estate.

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    Vda de Manalo v. CA

    Uploaded by

    Angela Louise Sabaoan
    279 views1 page
    The document summarizes a case regarding the estate of Troadio Manalo who died intestate. Eight of his surviving children filed a petition for the judicial settlement of the estate and appointment of an administrator. Some of the other children (petitioners) contested jurisdiction and argued efforts at compromise were needed. The Court of Appeals dismissed the petition. The Supreme Court ruled that efforts at compromise are not required in special proceedings like estate settlements, as this is not an ordinary civil action where one party sues another, but rather seeks to establish rights and status regarding the estate.

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    MANALO

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    4. Vda de Manalo v. CA

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    The document summarizes a case regarding the estate of Troadio Manalo who died intestate. Eight of his surviving children filed a petition for the judicial settlement of the estate and appointment of an administrator. Some of the other children (petitioners) contested jurisdiction and argued efforts at compromise were needed. The Court of Appeals dismissed the petition. The Supreme Court ruled that efforts at compromise are not required in special proceedings like estate settlements, as this is not an ordinary civil action where one party sues another, but rather seeks to establish rights and status regarding the estate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    279 views1 page

    Vda de Manalo v. CA

    Uploaded by

    Angela Louise Sabaoan
    The document summarizes a case regarding the estate of Troadio Manalo who died intestate. Eight of his surviving children filed a petition for the judicial settlement of the estate and appointment of an administrator. Some of the other children (petitioners) contested jurisdiction and argued efforts at compromise were needed. The Court of Appeals dismissed the petition. The Supreme Court ruled that efforts at compromise are not required in special proceedings like estate settlements, as this is not an ordinary civil action where one party sues another, but rather seeks to establish rights and status regarding the estate.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    VDA DE MANALO V.

    CA

    FACTS
    Troadio Manalo died intestate, survived by his wife Pilar and 11 children. He left real properties in Manila and Tarlac
    including a business in Tarlac under the name Manalo’s Machine Shop with offices at Quezon City and Valenzuela, Metro
    Manila.
    Respondents (8 of the surviving children); Purita, Milagros, Belen, Rocalina, Romeo, Roberto, Amalia and Imelda, filed a
    petition with the RTC if Manila for the judicial settlement of the estate of their father, and for the appointment of Romeo as
    administrator.
    The trial court declared the whole world in default. However, upon motion to set the order of general default aside by
    petitioners, who were granted 10 days within which to file their opposition.
    Petitioners filed an Omnibus Motion seeking: to set aside and reconsider the Order of the trial court denying the motion for
    additional extension of time to file opposition; to set for preliminary hearing their affirmative defenses ass grounds for
    dismissal of the case; to declare that the trial court did not acquire jurisdiction over the persons of the oppositors.
    The trial resolved to admit the Opposition but denied the grounds in the Omnibus Motion.
    Petitioners filed a petition for certiorari (R 65) with the CA stating that: the trial did not acquire jurisdiction over their
    persons; the share of surviving spouse was included in the intestate proceedings; there was absence of earnest efforts to
    compromise among members of the same family; and no certification of non-forum shopping was attached to the petition.
    The CA dismissed the petition.

    ISSUE
    Is earnest efforts to compromise among members of the same family required in Spec Pro

    RULING
    NO
    Such rule is only applicable to ordinary civil actions. This 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 the enforcement of a right, whether at law or in equity. A civil action is thus an action filed
    in a court of justice, whereby a party sues another for the enforcement of a right, or the prevention or redress of a wrong.
    It must be emphasized that the oppositors are not being sued in the Special Proceeding for any cause of action. The petition
    for issuance of letters of administration, settlement and distribution of estate, is a special proceeding and, as such, it is a
    remedy whereby the petitioners therein seek to establish a status, right, or a particular fact.
    The petitioners in the special proceeding merely seek to establish the fact of death of their father and to be duly recognized
    as among the heirs of the said deceased so that they can validly exercise their right to participate in the settlement and
    liquidation of the estate of the decedent consistent with the limited and special jurisdiction of the probate court.

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