G.R. No. 26505 , March 23, 1927
In re intestate estate of Epifanio Orozco, deceased. SERAFIN OROZCO, petitioner-appellee, vs. ALBINA GARCIA, opponent-appellant.

FACTS

Serafin Orozco, a natural child of the deceased Epifanio Orozco, filed a petition in the Court of First Instance of Albay to be appointed special administrator of Epifanio’s intestate estate. He alleged that Epifanio died in 1917, leaving real property worth about P15,000. The heirs were Serafin and his siblings (all natural children duly recognized) and the surviving spouse, Albina Garcia. Serafin claimed that Albina was in possession of the property and refused to deliver their shares, and that their interests were conflicting. Albina Garcia opposed the petition, arguing that since all heirs were of legal age and there were no known debts, no administrator should be appointed, and the heirs could partition the estate extrajudicially. The lower court appointed Albina as the administratrix of the estate. Albina appealed this order.

ISSUE

May the court appoint an administrator for an intestate estate when all the heirs are of legal age and there are no known debts, but the heirs cannot agree on the partition of the estate?

RULING

Yes. The Supreme Court affirmed the lower court’s order appointing an administratrix. While Section 596 of the Code of Civil Procedure allows heirs of legal age to partition the estate extrajudicially by agreement when there are no debts, it does not prohibit them from instituting judicial administration proceedings if they cannot agree on the partition. The Court cited *Castillo vs. Castillo and Quizon*, which held that heirs may demand division of property through judicial proceedings when no agreement exists, even in the absence of unpaid debts. Since Albina Garcia was in possession of the property and there was no agreement among the heirs for extrajudicial settlement, the appointment of an administrator was proper. The appeal was dismissed, and the case was remanded for further proceedings.