ArticuLaw Primo

MARIA SOCORRO AVELINO vs. COURT OF APPEALS

 

 

Facts:

 

     Antonio Avelino Sr. died intestate leaving 2 wives and several children from 2 marriages

 

   The petitioner, Socorro, is Antonio Sr.’s child from his first marriage and upon his death, she filed for a petition to secure letters of administration to his estate

 

    This was opposed by the other heirs who wanted to partition the estate among themselves

 

 

Issue:

 

Whether or not the lower courts were correct in denying the Socorro’s petition

 

 

Ruling:

 

    Yes. Rule 74 provides that where the intestate estate of a deceased person left no debts or obligations and the heirs are all of legal capacity to inherit, they may do so in the most expeditious manner available to them.