favored

BENEDICTO, administratrix of the estate of Maximino Jalandoni

vs.

JAVELLANA

FACTS:

Maximino Jalandoni passed away and left a will. Maximo, the brother, filed a petition in writing with the
probate court demanding the delivery of ₱985. this was the sum paid to the administrator, Javellana,
after the Javellana sold the property, which Maximo was supposed to inherit by legacy. Maximo died
and Eduardo Benedicto, the administrator of his estate, represented him. Javellana filed an answer to
the petition and alleged that it was not proper to ask by means of a motion for relief of that Maximo
Jalandoni claimed, but that a separate complaint should have been filed naming all the parties
concerned in the estate.

ISSUE/S: Whether a separate action should be filed instead of a motion or petition in writing.

HELD:

NO need for a separate action. Any incident which might arise in connection with special proceedings,
such as impugning the validity of a will, or objecting to the authentication thereof, and every demand or
claim which any heir, legatee, or party in interest in a testate or intestate succession may make, must be
acted upon and decided within the same special proceedings not in a separate action and the same
judge having jurisdiction in the administration of the estate shall take cognizance of the question raised,
inasmuch as when the day comes he will be called upon to make distribution and adjudication of the
property to the interested parties.