VDA. DE MANALO VS. COURT OF APPEALS FACTS: - Troadio Manalo died
intestate survived by wife and 11 children left several properties
in Manila and Tarlac. - 8 children (resps) pet for the judicial
settlement of the estate in RTC Manila & appointment of bro
Romeo as admin - TC order declaring the whole world in default,
except the government. - order of general default set aside upon
motion of pets (wife & remaining 3 children) - TC order
admitting the petition for judicial settlement of estate. - Pets
pet for certiorari under Rule 65
- absence of earnest efforts towards compromise among members of
the same family; and no certification of non
forum shopping was attached to the petition. - CA denied the
petition & MFR - Pets petition claiming Pet for issuance of
letters of admin, settlement & distribution of estate is an
ordinary civil action thus should be dismissed under Rule 16, Sec
1(j) of the ROC on the ground that a condition precedent for filing
the claim has not been complied with as there was failure to comply
with the requirement in Art 222 CC ISSUE: Is the Petition for
Issuance of Letters of Administration, Settlement and Distribution
of Estate an ordinary civil action, thus Rule 16, Sec 1(j) Rules of
Court vis-a-vis Article 222 CC apply as a ground for the dismissal
of the petition NO HELD: Rule: In the determination of the nature
of an action or proceeding, the averment and the character of
the relief sought in the complaint, or petition, shall be
controlling. o scrutiny of the Petition for ILASD of Estate belies
herein petitioners claim that the same is in the
nature of an ordinary civil action.
petition contains sufficient jurisdictional facts required in a
petition for the settlement of estate
fact of death residence at the time of his said death
enumeration of the names of his legal heirs tentative list of the
properties left w/c are sought to be settled in the probate
proceedings. reliefs prayed for in the said petition leave no room
for doubt as regard the intention to
seek judicial settlement of the estate of their deceased father.
o petition contains certain averments which may be typical of an
ordinary civil action & so petitioners, as oppositors took
advantage of such in an apparent effort to make out a case of an
ordinary civil action and ultimately seek its dismissal under Rule
16, Section 1(j) of the Rules of Court vis--vis, Article 222 of the
Civil Code.
civil action/suit - action filed in a court of justice, whereby
a party sues another for the enforcement of a right, or the
protection or redress of a wrong. o Art 222 applicable only to
ordinary civil actions
Use of term suit excerpt from the report of the Code Commission
to make it applicable only to civil actions
which are essentially adversarial and involve members of the
same family. Special proceedings remedy where petitioner seeks to
establish a status, right or particular fact.
o Pet for ILASD of Estate = special proc
