G.R. No. 45712; June 27, 1938
LAUREANO EMBUDO, FILOMENO EMBUDO, ROMAN DELGADO, MATIAS RONQUILLO, GREGORIO GALARIA, and ILDEFONSO RELENTE, petitioners, vs. JUAN G. LESAGA, Judge of first Instance of Albay, FRANCISCA EMBUDO, ESCOLASTICA EMBUDO, and AURORA CODANO, respondents.
FACTS
In the intestate proceeding for the estate of Lucas Embudo, the committee on claims approved the claims of several creditors. The heirs filed an opposition after the 25-day appeal period had lapsed, asking the court to disapprove the report. The court disapproved the committee’s report not on the merits but because it lacked an inventory of the estate’s properties and ordered an amended report. When the commissioners failed to comply, the court threatened contempt. The creditors filed a petition for certiorari, arguing the court acted without jurisdiction.
ISSUE
Whether the Court of First Instance acted without jurisdiction in disapproving the committee on claims’ report after it had become final.
RULING
Yes. The court acted without jurisdiction. The committee’s report approving the claims became final after the 25-day appeal period lapsed without a perfected appeal from the heirs (who did not file the required bond). Following the doctrine in Concepcion vs. Tambunting, the court does not have the power to approve or disapprove such a report; its role is essentially ministerial once the report is final. Therefore, the orders disapproving the report and demanding an amended one were declared null and void.
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