GR 43748; (July, 1937) (Digest)
G.R. No. 43748; July 31, 1937
Intestate estate of the deceased Alfonso M. Tiaoqui. GUILLERMO A. CU UNJIENG and MARIANO CU UNJIENG, petitioners and appellants, vs. JOSE S. TIAOQUI and ALFREDO HIDALGO RIZAL, administrators and appellees.
FACTS
Alfonso M. Tiaoqui filed a civil case (No. 40801) against Guillermo A. Cu Unjieng and Mariano Cu Unjieng to recover P140,000, securing a preliminary attachment on their properties. Tiaoqui died during the pendency of the case, and intestate proceedings were commenced. The Cu Unjiengs filed an amended answer including a substantial counterclaim for damages. The intestate estate proceeded, with commissioners reporting no claims filed. The court approved a project of partition, ordered delivery of properties to the heirs, and initially closed the estate. The administrators later secured a reopening solely to prosecute the pending civil case. The Cu Unjiengs then moved to annul the deed of delivery and have the heirs return the properties to the estate to secure their counterclaim, which the trial court denied.
ISSUE
Whether the Cu Unjiengs are entitled to have the deed of delivery cancelled and the properties returned to the intestate estate to secure their pending counterclaim against the deceased Tiaoqui.
RULING
No. The Supreme Court affirmed the denial of the motion. The Cu Unjiengs’ counterclaim, while proper under the Code of Civil Procedure and not required to be presented before the committee on claims, was not timely asserted in the intestate proceedings. The appellants failed to inform the court of their counterclaim or request retention of estate properties to satisfy it before the estate was distributed. Having allowed the estate proceedings to conclude and the properties to be delivered to the heirs without objection, they cannot now seek to undo the distribution. The Court also noted the preliminary attachment levied by Tiaoqui was nominal, being the fifth attachment on the same properties, making drastic measures against the heirs unwarranted.
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