1. BALUYUT v.

PAÑO
No. L-42088. May 7, 1976. * ALFREDO G. BALUYUT, petitioner, vs. HON. ERNANI CRUZ PAÑO,
ENCARNACION LOPEZ VDA. DE BALUYUT, JOSE ESPINO and CORAZON ESPINO, respondents.

AQUINO, J.

FACTS:

After the death of Sotero Baluyut on January 6, 1975 at the age of 86, the decedent’s nephew,
herein petitioner Alfredo Baluyut, filed before CFI Quezon City a verified petition for letters of
administration where he alleged that the surviving spouse of the former, private respondent
Encarnacion Lopez Vda. De Baluyut, was mentally incapable of acting as administratix as she was
declared as an incompetent by the Juvenile and Domestic Relations Court of Quezon City in its order
of September 25, 1975 in a special proceeding for her guardianship. The subject estate is valued at
not less than 2 Million pesos and a will was purportedly left by the decedent. This petition by Afredo
was granted by the court, but was opposed by Encarnacion, contending that she was not aware of
the purported will and it was libelous for Alfredo to accuse her of being mentally incapacitated.
Moreover, she contended that Alfredo had no interest in the state, being a mere collateral relative of
the decedent. She also asked the court that should she be not named as administratix, Espino,
former governor of Nueva Vizcaya and allegedly an acknowledged natural child of the decedent, be
appointed as administrator. This was belied by Alfredo, asserting that Espino was not the decedent’s
natural child and whose real parents are Elino and Josefa de Guzman. Encarnacion was examined
briefly by the court. Convinced that Encarnacion is capacitated, the court appointed her as regular
administratrix with a bond. The court also ruled that as surviving spouse, she has a preferential right
to be appointed as administratrix of her deceased husband’s estate. Encarnacion, thereafter, took her
oath of office.

Hence, this special civil action of certiorari filed by Alfredo. In this petition, Encarnacion, in
addition to what has been argued in the lower court, also alleged that Alfredo only instituted the
administration proceedings because he failed to get from her a check for P500,000.00. On his side,
Alfredo disclosed a notarial will executed by the decedent and in the said will, the remaining ¾ of the
estate (in computation that the share of Encarnacion has already been deducted) were bequeathed to
the decedent’s collateral relatives named Irene, Erlinda, Estrellita, Eliseo and Alfredo, all surnamed
Baluyut, and Emerita, Emilio and Benjamin, all surnamed Miranda. The testator designated
Encarnacion as executrix, but the purported acknowledged natural child, Espino was not mentioned
in that will.

ISSUE: Whether or not CFI acted with grave abuse of discretion in appointing Encarnacion as
administratix of Sotero’s estate - YES

HELD:

The lower court departed from the usual course of probate procedure in summarily appointing
Encarnacion. In order to determine the propriety of appointment of an administrator, a full-dress
hearing on the latter’s competency to discharge the said trust. Even the directive of the testator in his
will designating that a certain person should act as executor is not binding on the probate court and
does not automatically entitle him to the issuance of letters testamentary. In such aspect, the lower
court failed to do so. Hence, while the probate court correctly assumed that Encarnacion, as surviving
spouse, enjoys preference in the granting of letters of administration, it does not follow that she
should be named administratrix without conducting a full-dress hearing. A hearing is necessary in
order to determine the suitability of the person to be appointed administrator by giving him the
opportunity to prove his qualifications and affording oppositors a chance to contest the petition. The
rationale is that he or she might have been fit to act as executor when the will was executed, but
supervening circumstances might have rendered him unfit for that position.

In this case the probate court briefly and perfunctorily interrogated Encarnacion in order to
satisfy itself on her mental capacity and did not give Alfredo a chance to contest her qualifications.

CFI decision of appointing Encarnacion as administratix is set aside. The letters of

administration granted to her are cancelled. The probate court is directed to conduct further
proceedings as regard the competency of the administrator/rix to be appointed.