G.R. No. 36911; September 25, 1933
AURELIA CONTUAN, ET AL., plaintiffs-appellants, vs. FORTUNATA RAMIREZ, ET AL., defendants-appellants.

FACTS

Plaintiffs, claiming to be heirs of deceased partners in a fishery partnership, filed an action against the defendants, who are the widow and heirs of the deceased managing partner Paulino de la Cruz, to recover their alleged shares in the partnership profits. At the time of the suit, the estate of Paulino de la Cruz was under judicial administration in intestate proceedings, with a duly appointed administrator.

ISSUE

Whether the plaintiffs can legally bring this suit for recovery of a debt against the heirs of the deceased debtor while the debtor’s estate is under judicial administration.

RULING

No. The Court dismissed the case for lack of jurisdiction. When an intestate estate is under judicial administration, an action for the recovery of a debt due from the deceased cannot be brought directly against his heirs (per Section 702, Code of Civil Procedure) nor against the judicial administrator (per Section 699). The proper remedy is for the claimant to present the claim to the committee on claims and appraisal appointed in the intestate proceedings (per Section 700). Since the law prohibits such an action while the estate is under administration, the trial court had no jurisdiction to try the case, and the Supreme Court likewise has no jurisdiction to review it on appeal.

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