G.R. No. L-45449; April 22, 1939
In the matter of the estate of Jose de Aguilar y Aules, deceased. TOMAS OCEJO Y SAMPERIO, petitioner-appellant, vs. CONSUL GENERAL OF SPAIN, movant-appellee.

FACTS

Tomas Ocejo y Samperio, a creditor, petitioned for and was appointed administrator of the estate of the deceased Jose de Aguilar y Aules, alleging the deceased died intestate with unknown heirs. The Consul General of Spain moved to vacate this appointment, asserting the deceased was a Spanish subject at death and invoking the 1902 Treaty of Friendship and General Relations between Spain and the United States. The Consul General sought his own appointment as special administrator and summary settlement of the estate (not exceeding P6,000). The lower court granted the motion, vacated Ocejo’s appointment, ordered summary settlement under the Code of Civil Procedure, and appointed the Consul General as special administrator. Ocejo appealed.

ISSUE

1. Was the deceased a Spanish subject at the time of his death?
2. Is the 1902 Treaty between Spain and the United States applicable to the Philippines?
3. Does the Spanish Consul General have a better right than Ocejo to be appointed special administrator?

RULING

1. Yes. The deceased remained a Spanish subject. Evidence included the Consul General’s sworn statement, Ocejo’s own report of the death to the Spanish Consulate implying recognition of Spanish nationality, and the deceased’s registration as a Spanish subject at the Consulate. Ocejo’s claim that the deceased lost Spanish citizenship by long residence without a court declaration was unproven. Registration at the Spanish Consulate constituted a sufficient declaration of intent to preserve Spanish allegiance under applicable jurisprudence.
2. Yes. The treaty applies to the Philippines. The term “dominios” (domains) in Article 26 includes the Philippines. As a territory under U.S. sovereignty at the time, the Philippines was subject to U.S. treaties. The rule that U.S. laws do not automatically apply in the Philippines does not extend to treaties whose provisions are intended to apply there.
3. Yes. The Consul General has a superior right. Article 27 of the treaty grants consular officers the right to represent absent or unknown heirs of deceased compatriots. This treaty right places the Consul General within the first order of preference for appointment under the Code of Civil Procedure. Furthermore, courts are not strictly bound by the statutory order of preference when appointing a special administrator. To give effect to the treaty right compatible with local administration laws, appointing the Consul General as special administrator was proper. The summary settlement of the estate was also correct as its value did not exceed P6,000. The lower court’s order was affirmed.

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