G.R. No. L-11440; September 30, 1960
SERGIO F. DEL CASTILLO, petitioner, vs. EDUARDO D. ENRIQUEZ, ET AL., respondents.

FACTS

On September 12, 1944, Clemente del Castillo died intestate, leaving his widow and six children as heirs. Intestate proceedings were instituted in Negros Occidental, and the widow was appointed administratrix. The court ordered creditors to file claims. Bachrach Motors Company, Inc. filed a claim for P4,017.20. Due to the administratrix’s slow administration, the heirs agreed to a proposal by petitioner Sergio F. del Castillo to liquidate the claim by obtaining a rebate, reducing it to P3,181.93, with each heir paying a share. This agreement was approved by the court on October 7, 1953. Only Enrique and Sergio paid their shares. To prevent jeopardizing the rebate, Sergio paid the shares of the other four heirs, fully settling the creditor’s claim. The real estate, including sugar quota rights, remained in the heirs’ possession under a court-approved partial partition, though no final order of partition had been issued. To seek reimbursement, Sergio filed a motion on November 17, 1955, praying that the administratrix be required to take steps for his payment. The court approved this motion on April 14, 1956. When this order became final, Sergio filed a motion for execution, which was disapproved by the court. After a conference suggested by the judge, the heirs agreed to authorize the administratrix to sell about 1,200 piculs of sugar quota (then leased to Enrique) to pay Sergio’s claim and administration expenses. The court approved Sergio’s motion to this effect on July 18, 1956. However, Enrique later changed his mind, preventing implementation. Sergio then filed motions on September 4 and 13, 1956, seeking to repossess the sugar quota for sale and requesting reconsideration of the denial of his motion for execution, ultimately praying for a writ of execution of the April 14, 1956 order. After a hearing, the court denied his motion for reconsideration on September 22, 1956. Hence, Sergio filed this petition for certiorari.

ISSUE

Whether the trial court acted with grave abuse of discretion in denying Sergio F. del Castillo’s motion for execution of its final and executory order dated April 14, 1956, which directed the administratrix to take steps to pay his claim for reimbursement.

RULING

The petition is granted. The Supreme Court held that the trial court’s failure to ensure payment of Sergio’s claim, despite its order of April 14, 1956 having become final and executory, was contrary to the spirit of probate law, which aims for the speedy settlement of estates for the benefit of creditors and heirs. The Court noted that the claim met no opposition, was the only one filed against the estate, and its payment was necessary to close the administration. The trial court’s denial of the motion for execution without a plausible reason and its tolerance of dilatory tactics by the administratix were deemed unfair and an oversight of the law’s primordial purpose. Citing precedents, the Court emphasized that courts should exert efforts to close estates promptly. Accordingly, the trial court was ordered to issue immediately a writ of execution of its April 14, 1956 order and to admonish the administratrix that failure to comply within a peremptory period would result in more drastic action. No costs were awarded.