ArticuLaw Primo

G.R. No. L-17759 December 17, 1962

ISABEL V. SAGUINSIN, petitioner-appellant, vs.DIONISIO LINDAYAG, ET AL., oppositors-appellees.

 

 

Facts

 

    Maria V. Lindayag died intestate and left real and personal properties worth approximately P100,000.00. She left her surviving spouse, Dionisio Lindayag together with their  3 legally adopted children.

 

       The sister of the deceased, Isabel Saguinsin filed a petition for the issuance in her favor of letters of administration over the estate of the deceased.

 

        Dionisio Lindayag filed a motion to dismissed the petition for lack of interest, she being neither heir or creditor thereof.

 

 

Issue

 

       Whether petitioner is "an interested   person" in the   estate of deceased Maria V.   Lindayag.

 

 

Ruling

 

     Under Sec. 2, Rule 80 of Rules of Court, a petition   for   letters of administration must be filed   by an “interested person .” An interested   party has defined in this connection a one   who would be   benefited by the estate,   such as an heir, or   one   who has a claim   against the estate,   such as   creditor.

 

    In this case, petitioner is not an heir of her  deceased sister and therefore, has no material   direct interest in her estate. She has lack of legal capacity to institute the proceedings.