Scribd
Upload
32 views

Oppus Vs Gil

The petitioner sued the administrator of the estate of Florentino San Gil in civil court for possession of certain furniture. The civil court ruled in the petitioner's favor, but the administrator refused to comply. The petitioner then filed a motion in the probate court to enforce the civil judgment. The probate court denied the motion, finding that the furniture did not belong to the estate and that execution of the civil judgment must be sought in civil court. However, the Supreme Court ruled that the probate court's denial was incorrect, as the civil action was properly brought against the administrator and the judgment could be enforced against property in his possession as administrator.

Uploaded by

careyssa Mae Ipil
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
32 views

Oppus Vs Gil

The petitioner sued the administrator of the estate of Florentino San Gil in civil court for possession of certain furniture. The civil court ruled in the petitioner's favor, but the administrator refused to comply. The petitioner then filed a motion in the probate court to enforce the civil judgment. The probate court denied the motion, finding that the furniture did not belong to the estate and that execution of the civil judgment must be sought in civil court. However, the Supreme Court ruled that the probate court's denial was incorrect, as the civil action was properly brought against the administrator and the judgment could be enforced against property in his possession as administrator.

Uploaded by

careyssa Mae Ipil
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

TITLE: Intestate estate of the deceased Florentino San Gil.

JOSEFA R. OPPUS vs BONIFACIO GIL


CITATION: G.R. No. 48115 October 12, 1942
TOPIC: EXECUTORS AND ADMINISTRATORS; CIVIL ACTION AGAINST ADMINISTRATOR
FOR THE RECOVERY OF FURNITURE; EXECUTION OF JUDGMENT
DOCTRINE:
A judgment for the manual delivery and possession of specific articles of personal property, the
action for which survived by express provision of law "and may be commenced and prosecuted by or against
the executor or administrator. Moreover, the prosecution of an action against an executor or administrator
which the law allows regarding the possession of specific articles, necessarily includes the execution of the
judgment that may be entered in said action.

FACTS:
• Petitioner herein sue the defendant in his capacity as the administrator of the estate of Florentino San Gil
for the possession of certain furnitures.
• The court rendered a judgment ordering the defendant to deliver the possession of the said furnitures to
the plintiff. However, for some reasons, the judgment was not satisfied.
• Petitioner presented a motion in the iintestate proceeding of Florentino San Gil to deliver to her the
furniture however it was denined on the grounds (1) that the furniture in question does not belong to the
estate of the deceased Florentino San Gil and (2) that in any event the execution of the judgement in the
civil case should be applied for in said case.virtual law library

ISSUE: Whether or not the probate court is correct in denying the motion of the plaintiff.

RULING:

YES.
The court ruled that it finds no legal impediment to the execution of the said judgment by the order of the
court that rendered it because the administrator Bonifacio San Gil having been sued as such in the ordinary
count and judgment having been rendered there against him.
The judgment in question is not one for a sum of money which has to be satisfied by levying execution on
property belonging to the estate and therefore in custodia legis. It is a judgment for the manual delivery and
possession of specific articles of personal property, the action for which survives by express provision of
law "and may be commenced and prosecuted by or against the executor or administrator.
Therefore, the prosecution of an action against an executor or administrator which the law allows regarding
the possession of specific articles, necessarily includes the execution of the judgment that may be entered
in said action. On the other hand, once the court determines in such action that the property in litigation
belongs to the plaintiff and not to the estate of the deceased, it cannot be maintained that such property is
in custodia legis, it not forming part of the estate of the deceased.
Hence appellant's motion herein was not in order and was properly denied. chanroblesvirtualawlibrary chanrobles virtual law libr

You might also like