Johannes v. Harvey

JOHANNES V.
HARVEY of the decedent, liable for his individual debts or to be

G.R. NO. 18600 distributed among his heirs.
MARCH 9, 1922
The principal administration in this instance is that at the
FACTS: Mrs. Carmen Theodora Johannes nee Carmen domicile of the late Carmen Theodora Johannes in Singapore,
D'Almeida, died intestate in Singapore, Straits Settlements, on Straits Settlements. What is sought in the Philippine Islands is
August 31, 1921. Of her immediate family there remained the an ancillary administration subsidiary to the domiciliary
husband, B. E. Johannes, the brothers, Frederick Charles administration, conformable to the provisions of sections
D'Almeida and Alfred D'Almeida, and the sister, Ida D'Almeida 601, 602, and 603 of the Code of Civil Procedure. The proper
Johannes. Of these, the husband, the brother Frederick, and course of procedure would be for the ancillary administrator
the sister Ida, were residents of Singapore, while the brother to pay the claims of creditors, if there be any, settle the
Alfred was in Manila. accounts, and remit the surplus to the domiciliary jurisdiction,
for distribution among the next of kin. Such administration
The Singapore heirs apparently joined in asking that letters of appears to be required in this jurisdiction since the provisions
administration be granted by the Supreme Court of the Straits of section 596 of the Code of Civil Procedure, which permit of
Settlements to B. E. Johannes, the lawful husband of the the settlement of certain estates without legal proceedings,
deceased. have not been met.
On September 19, 1921, the husband was named the It is almost a universal rule to give the surviving spouse a
administrator of the property of the deceased wife, which preference when an administrator is to be appointed, unless
was locally situate within the jurisdiction of the Supreme for strong reasons it is deemed advisable to name someone
Court of the Straits Settlements. (Under the British law, it else. This preference has particular force under Spanish law
would seem that the husband is entitled to the whole of the precedents. However, the Code of Civil Procedure, in section
estate of his wife if she die intestate to the exclusive of any 642, while naming the surviving husband or wife, as the case
other next of kin.) On October 1, 1921, the brother Alfred D' may be, as one to whom administration can be granted,
Almeida was, on his petition, appointed administrator of the leaves this to the discretion of the court to determine, for it
Manila estate of the deceased consisting of P109,732.55. may be found that the surviving spouse is unsuitable for the
responsibility. Moreover, nonresidence is a factor to be
The burden of the relator's contention is that the Honorable considered in determining the propriety of the appointment,
George R. Harvey, as judge of First Instance of the City of and in this connection, it is to be noted that the husband of
Manila, has acted in excess of his jurisdiction in appointing the deceased, the administrator of the principal
Alfred D'Almeida administrator of the funds of the estate on administration, resides in Singapore. Undoubtedly, if the
deposit in the Philippines, and that an administration in the husband should come into this jurisdiction, the court would
jurisdiction is unnecessary. Accordingly, relators pray the give consideration to this petition that he be named the
court to annul the appointment of Alfred D'Almeida and to ancillary administrator for local purposes. Ancillary letters
issue an order directing the Judge of First Instance to have should ordinarily be granted to the domicilliary
placed to the credit of B. E. Johannes as administrator of the representative, if he applies therefor, or to his nominee, or
estate of Carmen Theodora Johannes all of the funds of the attorney; but in the absence of express statutory requirement
late Carmen D'Almeida Johannes, now on deposit and subject the court may in its discretion appoint some other person.
to the order of the court, with P5,000 as damages.
The Court of First Instance has not acted in excess of its
ISSUE: Whether or not the judge acted in excess of his jurisdiction, and as there in an appeal, certiorari will not lie.
jurisdiction in appointing Alfred D'Almeida administrator of Accordingly, the writ prayed for cannot be granted.
the funds of the estate on deposit in the Philippines.
RULING: No. It is often necessary to have more than one

administration of an estate. When a person dies intestate
owning property in the country of his domicile as well as in a
foreign country, administration is had in both countries. That
which is granted in the jurisdiction of decedent's last domicile
is termed the principal administration, while any other
administration is termed the ancillary administration. The
reason for the latter is because a grant of administration does
not ex proprio vigore have any effect beyond the limits of the
country in which it is granted. Hence, an administrator
appointed in a foreign state has no authority in the United
States. The ancillary administration is proper, whenever a
person dies, leaving in a country other than that of his las
domicile, property to be administered in the nature of assets

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JOHANNES V.

HARVEY of the decedent, liable for his individual debts or to be

RULING: No. It is often necessary to have more than one

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