G.R. No. L‑5521 December 10 1910
Asuncion Rojas et al. (plaintiffs‑appellees) v. Jose Singson Tongson (defendant‑appellant)

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Facts: 1. Marriage & Property Remigio Tongson and Doña Marcelina Florentino were married. Doña Marcelina brought substantial paraphernal (separate) property into the marriage; part of it appears in the inventory on page 8 of the bill of exceptions.
2. Death of Wife Doña Marcelina died in 1899. Her husband continued to manage the marital (conjugal) property.
3. Proceedings in CFI On 30 April 1906 the Court of First Instance (Ilocos Sur) appointed Prudencio Espiritu as administrator of the estate of the deceased wife, ordering him to take possession of the inventory property, despite the objection of Remigio Tongson.
4. Objection Remigio claimed:
a. As surviving husband, he is entitled to administer the conjugal property; and
b. Much of the inventory is conjugal, not sole (paraphernal) property of the wife.
5. Remigio’s Death While the petition was pending, Remigio died. His own estate was placed under administrator Jose Singson Tongson, appointed by the same court.
6. Appeal The appointment of the wife’s administrator was appealed; the appellant (the estate of the wife) raised several assignments of error.

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Issue: Whether, after the death of his wife, the surviving husband (or his duly appointed administrator) may be deprived of the right to administer the conjugal and paraphernal property by the separate appointment of a judicial administrator for the deceased wife’s estate.

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Ruling: 1. Applicable Doctrine The Supreme Court reiterated prior rulings:
Alfonso v. Natividad (6 Phil. Rep. 240) on liquidation of a conjugal partnership dissolved by death of the husband;
Prado v. Lagera (7 Phil. Rep. 395) widow’s claim against husband’s administrator after husband’s death;
Enriquez v. Victoria (10 Phil. Rep. 10) when the wife dies, the surviving husband is the administrator of the conjugal partnership until liquidation;
Amancio v. Prado (13 Phil. Rep. 297) reaffirmed that the surviving husband, not the judicial administrator of the wife’s estate, controls the conjugal property.

2. Application Since the conjugal partnership was dissolved by the death of the wife, the surviving husband (Remigio) and after his death, his duly appointed administrator (Jose Singson Tongson) is the proper administrator of the conjugal property.

3. Order The appointment of Prudencio Espiritu as administrator of Doña Marcelina’s estate is annulled.
Jose Singson Tongson, as administrator of Remigio’s estate, is directed to take possession of all conjugal property, post a sufficient bond, and to liquidate and distribute the property promptly.

4. Costs No determination on costs.

Holding: A surviving husband (or his estate’s administrator) retains the exclusive right to administer the conjugal partnership after the wife’s death; a separate judicial administrator for the wife’s estate cannot be appointed over conjugal property. The lower‑court appointment of a wife‑estate administrator is void.