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    Abiera Vs Orin 8 Phil. 193

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    Kristine Joy
    1) Vicenta Cacao died leaving her husband Miguel Orin and siblings Mariano Cacao and Petra Cacao (who was married to Juan Abiera) as heirs. Miguel Orin, Mariano Cacao, and Juan Abiera entered an agreement regarding division of Vicenta's estate where Miguel Orin agreed to pay Juan Abiera 1,000 pesos as guardian of Petra's heirs. 2) After Juan Abiera's death, his son Sebastian Abiera (as administrator of Juan's estate) sued Miguel Orin for non-compliance of the agreement. 3) The court ruled that Sebastian did not have the right to demand compliance as the administrator of Juan's estate, as the

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    Abiera Vs Orin 8 Phil. 193

    Uploaded by

    Kristine Joy
    156 views2 pages
    1) Vicenta Cacao died leaving her husband Miguel Orin and siblings Mariano Cacao and Petra Cacao (who was married to Juan Abiera) as heirs. Miguel Orin, Mariano Cacao, and Juan Abiera entered an agreement regarding division of Vicenta's estate where Miguel Orin agreed to pay Juan Abiera 1,000 pesos as guardian of Petra's heirs. 2) After Juan Abiera's death, his son Sebastian Abiera (as administrator of Juan's estate) sued Miguel Orin for non-compliance of the agreement. 3) The court ruled that Sebastian did not have the right to demand compliance as the administrator of Juan's estate, as the

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    Abiera vs Orin 8 Phil. 193

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    1) Vicenta Cacao died leaving her husband Miguel Orin and siblings Mariano Cacao and Petra Cacao (who was married to Juan Abiera) as heirs. Miguel Orin, Mariano Cacao, and Juan Abiera entered an agreement regarding division of Vicenta's estate where Miguel Orin agreed to pay Juan Abiera 1,000 pesos as guardian of Petra's heirs. 2) After Juan Abiera's death, his son Sebastian Abiera (as administrator of Juan's estate) sued Miguel Orin for non-compliance of the agreement. 3) The court ruled that Sebastian did not have the right to demand compliance as the administrator of Juan's estate, as the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    156 views2 pages

    Abiera Vs Orin 8 Phil. 193

    Uploaded by

    Kristine Joy
    1) Vicenta Cacao died leaving her husband Miguel Orin and siblings Mariano Cacao and Petra Cacao (who was married to Juan Abiera) as heirs. Miguel Orin, Mariano Cacao, and Juan Abiera entered an agreement regarding division of Vicenta's estate where Miguel Orin agreed to pay Juan Abiera 1,000 pesos as guardian of Petra's heirs. 2) After Juan Abiera's death, his son Sebastian Abiera (as administrator of Juan's estate) sued Miguel Orin for non-compliance of the agreement. 3) The court ruled that Sebastian did not have the right to demand compliance as the administrator of Juan's estate, as the

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
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    SEBASTIAN ABIERA, administrator of the estate of JUAN ABIERA, vs.

    MIGUEL ORIN
    G.R. No. 3236, March 27, 1907

    Facts:
    Vicenta Cacao, Mariano Cacao, and Petra Cacao were brothers and sisters.
    Vicenta Cacao is married Miguel Orin and left no descendants or ascendants. When
    Vicenta died, Miguel Orin, Mariano Cacao, and Juan Abiera (husband of deceased
    Petra Cacao) entered into an extrajudicial agreement in writing covering the
    disposition of the properties and animals had and acquired during the marriage of
    Miguel Orin and Vicenta Cacao, wherein Miguel Orin obligated himself to pay over
    1,000 pesos to Juan Abiera as guardian and farther of the heirs of Petra Cacao;
    Mariano Cacao and Juan Abiera acted as representatives of their children, who are the
    only heirs as well as the natural nephews of the deceased woman Cacao.

    After Juan Abiera's death, his son, Sebastian Abiera, filed a complaint, not as a
    personal right but in his capacity as special administrator of his deceased father, Juan
    Abiera, alleging that Miguel has not complied with the said contract and agreement
    and prays the court to compel the compliance of the Miguel therewith.

    Issue: Whether or not Sebastian, in his office as administrator of the deceased Juan
    Abiera, has the right to ask for the compliance with the said obligation.

    Ruling:
    No.
    Parental right or guardianship is an exclusively personal right that cannot
    survive the person who had such right. The right of a parent to represent his children
    as father or guardian of the same cannot be transferred to the administrator of his
    estate. As such administrator he has only the right to institute such actions as
    correspond and pertain to the estate which he is administering, and no other action
    dealing with contracts and obligations contracted in favor of third persons, or others
    from whom he does not derive such right, can be brought as such administrator

    In this case, Juan Abiera entered into a contract, not as a personal right, but in
    the name and representation of his children. This is because the contract deals with
    the matter of the extrajudicial partition of the estate left by Vicenta Cacao whose heirs
    were, not Juan Abiera, but his children. Therefore, the true interested parties in the
    obligation contracted by Miguel Orin are the children of Juan Abiera, and not the
    latter, for the simple reason that the obligation was executed in their favor and not in
    favor of said Abiera. This being the fact, it is evident that Sebastian, in his office as
    administrator of the deceased Juan Abiera, has no right to ask for the compliance with
    the said obligation.

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