G.R. No. 18754; September 26, 1922
GUILLERMA CAPISTRANO, ET AL., petitioners-appellees, vs. LEON NADURATA, ET AL., opponents-appellants.

FACTS

Petitioners-appellees filed for the appointment of Justo Buera as administrator of the estate of Petra de los Santos. The appellants, Pedro and Juan de los Santos, opposed and sought the appointment of Pedro. Leon Nadurata intervened, claiming to be the surviving spouse of the deceased and seeking his own appointment. The lower court found that Leon Nadurata was not the husband of the deceased, that the appellants were not her brothers, and that the petitioners were her true maternal brothers. It confirmed the appointment of Justo Buera as administrator, declared the petitioners as the sole heirs, and ordered the prosecution of certain persons for falsification of public document and perjury. The appellants appealed.

ISSUE

1. Whether the lower court erred in confirming the appointment of Justo Buera as administrator.
2. Whether the lower court erred in declaring the petitioners as the sole heirs of the deceased.
3. Whether the lower court erred in ordering the prosecution of certain persons for falsification and perjury.

RULING

1. No. The selection of an administrator lies within the sound discretion of the court. The record shows no abuse of discretion, and the evidence supports the finding that Leon Nadurata was not the surviving spouse and that the appellants were not brothers of the deceased.
2. Yes, in part. While the evidence sufficiently shows who are entitled to succeed, the declaration of heirs was premature. The proceeding had not yet reached the stage of distribution, which must occur after the liquidation of the estate.
3. No. The order for prosecution finds sufficient support in the evidence, which persuaded the court that the documents in question (Exhibits 1 and 2) were not authentic. The determination of criminal falsification is left to the court in the criminal action.
The appealed judgment is affirmed in all respects except for the premature declaration of heirs. Costs against appellants.