G.R. No. 18600; March 9, 1922
B. E. JOHANNES, husband of Carmen Theodora Johannes, deceased, as administrator; CARLOS D’ALMEIDA and IDA JOHANNES, with her husband, J. E. JOHANNES, relators, vs. Honorable GEORGE R. HARVEY, as judge of First Instance of Manila, ALFREDO D’ALMEIDA, brother of Carmen Johannes, as administrator, and PHILIPPINE TRUST COMPANY, as late guardian for a certain cash deposit of Carmen Johannes, respondent.

FACTS

Carmen Theodora Johannes died intestate in Singapore, her domicile. Her husband, B.E. Johannes, was appointed administrator of her estate there (principal administration). In the Philippines, where the deceased had a cash deposit, her brother Alfredo D’Almeida was appointed administrator of that local asset (ancillary administration). The husband and other heirs (relators) filed a petition for certiorari, arguing that the Manila court acted in excess of its jurisdiction in appointing Alfredo and that a separate administration in the Philippines was unnecessary. They sought to have the funds turned over to the husband as the domiciliary administrator.

ISSUE

Whether the Court of First Instance of Manila acted in excess of its jurisdiction in appointing an ancillary administrator for the local assets of the deceased, and whether certiorari is the proper remedy to challenge such appointment.

RULING

No, the Court of First Instance did not act in excess of its jurisdiction. The appointment of an ancillary administrator for assets within the Philippines is proper and within the court’s discretion. Furthermore, certiorari is not the appropriate remedy because an order appointing an administrator is a final and appealable order under the Code of Civil Procedure. The ancillary administration is necessary to settle local affairs, pay any local debts, and eventually remit the surplus to the domiciliary administration for distribution. The court’s discretion in appointing a non-resident (the husband) or a local resident (the brother) as ancillary administrator was properly exercised. The petition for certiorari is dismissed.