Rule 78 - Quiazon v. Belen

Quiazon v. Belen, G.R. No.
189121, July 31, 2013
Facts:
This case started as a Petition for Letters of Administration of the Estate of

Eliseo Quiazon (Eliseo), filed by herein respondents who are Eliseo’s common-law
wife and daughter. The petition was opposed by herein petitioners Amelia Garcia-
Quaizon (Amelia) to whom Eliseo was married. Amelia was joined by her
children, Jenneth Quiazon (Jenneth) and Maria Jennifer Quiazon (Jennifer). Elise
impugned the validity of Eliseo’s marriage to Amelia by claiming that it was
bigamous for having been contracted during the subsistence of the latter’s marriage
with one Filipito Sandico. The RTC directed the issuance of Letters of
Administration to Elise upon posting the necessary bond. Motion for
reconsideration was denied, and the CA affirmed the RTC’s ruling. Hence, this
petition contending that the CA overlooked the fact that Elise Quiazon has not
shown any interest in the petition for letters of administration.
Issue:
Whether or not Elise is an interested party.
Ruling:
Yes.
Sec. 6, Rule 78 of the Rules of Court provides: If no executor is named in

the will, or the executor or executors are incompetent, refuse the trust, or fail to
give bond, or a person dies intestate, administration shall be granted:
(a) To the surviving husband or wife, as the case may be, or next of kin, or
both, in the discretion of the court, or to such person as such surviving
husband or wife, or next of kin, requests to have appointed, if competent and
willing to serve;1
(b) If such surviving husband or wife, as the case may be, or next of kin, or the
person selected by them, be incompetent or unwilling, or if the husband or
widow, or next of kin, neglects for thirty (30) days after the death of the
person to apply for administration or to request that administration be
granted to some other person, it may be granted to one or more of the
principal creditors, if competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it may be granted
to such other person as the court may select.
1
Please take note that this is in order of preference.
In Solinap v. Locsin, Jr., 423 Phil. 192, 199 (2001), “An "interested party,"
in estate proceedings, is one who would be benefited in the estate, such as an heir,
or one who has a claim against the estate, such as a creditor. Also, in estate
proceedings, the phrase "next of kin" refers to those whose relationship with the
decedent Is such that they are entitled to share in the estate as distributees.”
In the instant case, Elise, as a compulsory heir who stands to be benefited by

the distribution of Eliseo’s estate, is deemed to be an interested party. With the
overwhelming evidence on record produced by Elise to prove her filiation to
Eliseo, the petitioners’ pounding on her lack of interest in the administration of the
decedent’s estate, is just a desperate attempt to sway this Court to reverse the
findings of the Court of Appeals. Certainly, the right of Elise to be appointed
administratix of the estate of Eliseo is on good grounds. It is founded on her right
as a compulsory heir, who, under the law, is entitled to her legitimate after the
debts of the estate are satisfied. Having a vested right in the distribution of Eliseo’s
estate as one of his natural children, Elise can rightfully be considered as an
interested party within the purview of the law.
ADDITIONAL NOTES:
Order of preference under Sec. 6, Rule 78:
1. Husband or wife
2. Next of kin
3. Person selected by number 1 or 2
4. Principal creditor/s
5. Other person as the court may select
As regards petitioner’s contention of improper venue
Under Section 1, Rule 73 of the Rules of Court, the petition for letters of
administration of the estate of a decedent should be filed in the RTC of the
province where the decedent resides at the time of his death.
The term "resides" connotes ex vi termini "actual residence" as distinguished

from "legal residence or domicile." This term "resides," like the terms "residing"
and "residence," is elastic and should be interpreted in the light of the object or
purpose of the statute or rule in which it is employed. In the application of venue
statutes and rules – Section 1, Rule 73 of the Revised Rules of Court is of such
nature – residence rather than domicile is the significant factor.
Even where the statute uses word "domicile" still it is construed as meaning
residence and not domicile in the technical sense.
Some cases make a distinction between the terms "residence" and "domicile"
but as generally used in statutes fixing venue, the terms are synonymous, and
convey the same meaning as the term "inhabitant."
In other words, "resides" should be viewed or understood in its popular

sense, meaning, the personal, actual or physical habitation of a person, actual
residence or place of abode.
It signifies physical presence in a place and actual stay thereat.
Venue for ordinary civil actions and that for special proceedings have one
and the same meaning.
As thus defined, "residence," in the context of venue provisions, means

nothing more than a person’s actual residence or place of abode, provided he
resides therein with continuity and consistency.

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Quiazon v. Belen, G.R. No.

189121, July 31, 2013

This case started as a Petition for Letters of Administration of the Estate of

Whether or not Elise is an interested party.

Sec. 6, Rule 78 of the Rules of Court provides: If no executor is named in

In the instant case, Elise, as a compulsory heir who stands to be benefited by

Order of preference under Sec. 6, Rule 78:

As regards petitioner’s contention of improper venue

The term "resides" connotes ex vi termini "actual residence" as distinguished

In other words, "resides" should be viewed or understood in its popular

It signifies physical presence in a place and actual stay thereat.

As thus defined, "residence," in the context of venue provisions, means

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