ArticuLaw Primo

G.R. No. 84250, July 20, 1992

DAYA MARIA TOL-NOQUERA vs. HON. ADRIANO R. VILLAMOR,

 

 

Questioned in this action is the dismissal of a petition filed by Daya Maria Tol-Noquera for appointment as administratrix of the property of the absentee Remigio Tol.

 

Facts:

 

   In order to recover the property of one Remigio Tol on December 1986, Daya Maria Tol an alleged acknowledged natural child of the latter who had been missing for two years since 1984. The petitioner claimed that a certain Diosdado Tol had fraudulently secured a free patent over the absentee’s estate and had obtained title thereto in the name of Diosdado Tol.

 

   In his opposition, Diosdado Tol, argued that Daya Maria Tol was not an acknowledged natural child of Remigio Tol (absentee) and that the property sought to be administered by the petitioner was covered by an original certificate of title issued in his name.

 

   The lower court dismissed the petition on March 31, 1987, with the ground that it was only a collateral attack against the Torrens title. The court also stated that it was useless to appoint an administrator in view of the claim of a third person as she was the owner of the absentee's property.

 

    That a motion was filed however it was denied by the lower court, hence this appeal filed on June 4, 1984.

 

 

Issue:

 

Whether or not that declaration of absence be made in a proceeding separate from and prior to a petition for administration.

 

 

Held:

 

    Supreme Court held that It is not necessary that a declaration of absence be made in a proceeding separate from and prior to a petition for administration. This was the ruling in Reyes v. Alejandro, 3 reiterating Pejer v. Martinez. 4 In the latter case, the court declared that the petition to declare the husband an absentee and the petition to place the management of the conjugal properties in the hands of the wife could be combined and adjudicated in the same proceeding.

 

   The purpose of the cited rules is the protection of the interests and property of the absentee, not of the administrator. Thus, the question of whether the administrator may inherit the property to be administered is not controlling. What is material is whether she is one of those allowed by law to seek the declaration of absence of Remigio Tol and whether she is competent to be appointed as administratrix of his estate.

 

   The issue of whether or not the property titled to Diosdado Tol is really owned by him should be resolved in another proceeding. The right of Daya Maria Tol to be appointed administratrix cannot be denied outright by reason alone of such issue.

 

  WHEREFORE, the petition is GRANTED. This case is hereby REMANDED to the court of origin for determination of the legal personality of Daya Maria Tol to petition the declaration of Remigio Tol's absence and of her competence to be appointed as administratrix of his estate.