0% found this document useful (0 votes)
188 views1 page

Joson VS Joson

Tomas Joson died in 1945 leaving behind heirs and properties. His will was probated and Felicisimo Joson was appointed administrator of the estate. Felicisimo filed several accounts of the administration from 1945-1948. One heir, Eduardo Joson, opposed the accounts, alleging that Felicisimo diminished the heirs' shares and padded his expenses. The heirs later settled their differences through an extrajudicial settlement. Without approving the accounts, the court declared the proceedings closed and terminated Felicisimo's duties. The issue is whether an administrator can avoid accounting for his administration once the estate is settled. The court ruled that an administrator must have their accounts approved by the court before the administration is closed,
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
188 views1 page

Joson VS Joson

Tomas Joson died in 1945 leaving behind heirs and properties. His will was probated and Felicisimo Joson was appointed administrator of the estate. Felicisimo filed several accounts of the administration from 1945-1948. One heir, Eduardo Joson, opposed the accounts, alleging that Felicisimo diminished the heirs' shares and padded his expenses. The heirs later settled their differences through an extrajudicial settlement. Without approving the accounts, the court declared the proceedings closed and terminated Felicisimo's duties. The issue is whether an administrator can avoid accounting for his administration once the estate is settled. The court ruled that an administrator must have their accounts approved by the court before the administration is closed,
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

G.R. No.

L-9686             May 30, 1961

FELICISIMO C. JOSON, administrator-appellee, 
vs.
EDUARDO JOSON, ET AL., heirs-appellants.

FACTS:

Tomas Joson died on July 5, 1945 in Quezon, Nueva Ecija leaving behind heirs and properties. He
married three times and was survived by nine (9) heirs: two (2) children and grandchildren by his first
wife Eufemia de la Cruz; two (2) daughters by his second wife Pomposa Miguel and his third wife
and surviving widow Dominga M. Joson. Upon his death, his will was presented to the Court of First
Instance of Nueva Ecija by his son Felicisimo Joson for probate. In August, 1945, said will having
been duly probated, Felicisimo Joson was appointed administrator of the estate and, accordingly, he
filed an inventory of the properties left by the deceased.

On April 15, 1948, the administrator filed his first account for the year 1945-1946. This was ordered
by the court to be examined by the clerk of court but the same has never been approved. On July
19, 1948, he filed his second account for the year 1946-1947 which was also referred to the clerk of
court for examination. The same has never been also approved by the court. On November 11,
1948, the administrator filed another account for the year 1947-1948 and, upon motion of the heirs,
he was ordered to file an accounting covering the properties under his administration. On September
7, 1954, Eduardo Joson, one of the heirs, filed an opposition to all the accounts filed by the
administrator where he alleged that the administrator diminished the shares of the heirs in the yearly
produce of the properties and had padded his expenses of administration. The heirs were able to
compromise their differences and entered into an extrajudicial settlement and partition of the entire
estate. The court was never informed of this extrajudicial settlement either by the administrator or by
the heirs. Without said accounts having been heard or approved, the administrator filed a motion to
declare the proceedings closed and terminated and to relieve him of his duties as such.  The court
issued an order declaring the proceedings terminated and relieving the administrator not only of his
duties as such but also of his accounts notwithstanding the heirs' opposition to said accounts. Hence
this appeal.

ISSUE:

Is the duty of an administrator to make an accounting of his administration a mere incident which can
be avoided once the estate has been settled?

RULING:

It thus appears that the duty of an administrator to render an account is not a mere incident of an
administration proceeding which ran be waived or disregarded when the same is terminated, but that
it is a duty that has to be performed and duly acted upon by the court before the administration is
finally ordered closed and terminated. Verily, the trial court erred in acceding to the motion for in
doing so it disregarded the express provisions of our rules relative to the settlement of accounts of a
judicial administrator. The fact that all the heirs of the estate have entered into an extrajudicial
settlement and partition in order to put an end to their differences cannot in any way be interpreted
as a waiver of the objections of the heirs to the accounts submitted by the administrator not only
because to so hold would be a derogation of the pertinent provisions of our rules but also because
there is nothing provided in said partition that the aforesaid accounts shall be deemed waived or
condoned.

You might also like