Heirs of Bang v. Sy, G.R. No. 114217, October 13, 2009 Facts:
Petitioners Jose, Julian and Oscar are children of the deceased Sy Bang from his first marriage. Other petitioners include Zenaida and Ma. Emma who are the wife and child of Jose. Respondents Rosauro and eight others are children of Sy Bang from his second marriage with his suriing spouse respondent Rosita !errera "Sy. Sy Bang died intestate in #$%# and in an out"of"court conference, the children of &oth marriages diided upon themseles the control and management of Sy Bang's arious &usinesses. (ertain controersies arose which prompted respondent Rolando to file a (omplaint of Partition against the petitioners. Rosita !errera"Sy also filed a motion for payment of widow's allowance. !rom the time of Sy Bang's death until the filing of the motion in #$$), she claimed she was not gien any widow's allowance. allowance. She cited Rule *++- of the Ro(. Petitioners argued that Rule *++- is granted only during the settlement of the estate and such allowance/ shall &e ta0en from the common mass of property/ during li1uidation. Since this case is a special ciil action for partition under Rule )$, Rosita is not entitled to any widow's widow's allowance. allowance. 2he (ourt granted Rosita's Rosita's motion for payment payment of widow's widow's allowance. Petitioners argued that Rosita had already e3ecuted a Sinumpaang Salaysay waiing any claims against the petitioners in e3change of a parcel of land and # million pesos. Respondents countered that Rosita was no longer in full possession of her mental faculties when she signed the waier. Petitioners also argued that under Rule *++- a widow's allowance can only &e paid in an estate proceeding. Een if the case for partition &e considered as estate proceedings, only the trial court hearing the partition case had e3clusie 4urisdiction to e3ecute the payment of the allowance. 5n the meantime, Respondents filed a 4oint petition for the guardianship of Rosita !errer"Sy where Rosauro Sy, who sought to &e named special guardian, filed &efore the guardianship court a motion to order the deposit of the widow's allowance. 2he (ourt ruled in faor of the deposit of the widow's allowance. 2he petitioners all failed to comply with the ruling. 2hey were all found guilty of contempt of court. 2he petitioners, who are now Zenaida and Emma, argued that they should not &e made to pay the allowance as they did not hae any participation in the management of the &usinesses of Sy Bang. 6lso, the said allowance must come from the estate of Sy Bang and not from Jose or any of the latter's heirs. 2hey also as0ed that the (ourt should e1ually diide the lia&ility for the widow's allowance &etween the children of the first and second marriages. 2hey also raised the issue of the alidity of Rosita's marriage to Sy Bang. 2hey claimed that the documents proing such were falsified.
Issues:
7hether or not the 8uardianship court has e3ceeded its 4urisdiction in directing the deposit of the widow's allowance9 allowance9 7hether or not the respondents are also lia&le for the payment of the widow's allowance as heirs of Sy Bang9
Held:
2he court hearing the petition for guardianship had limited 4urisdiction. 5t had no 4urisdiction to enforce payment of the widow's allowance. 2he court/ cited in Rule *+ +- is the court hearing the settlement of the estate and it is this court which has 4urisdiction oer the properties of the estate, to the e3clusion of all the other courts. 5n a cited case, the court said that the 8uardianship (ourt may order the deliery of the property of the ward to the guardian only if the property clearly &elongs to the ward or if the title has &een 4udicially decided. 2he widow's allowance is chargea&le to the estate of Sy Bang and since petitioners are the one holding the properties &elonging to Sy Bang, Bang, they should pay for the allowance. allowance. 5n order to effect a partition of properties so so that the other children may be made liable -, the issue of ownership or co" ownership must &e first resoled in the action for partition. 5n the settlement of estate proceedings, the distri&ution of the estate properties can only &e made:
#- after all the de&ts, funeral charges, e3penses of administration, allowance to the widow, and estate ta3 hae &een paid; or <- &efore payment of said o&ligations only if the distri&utees or any of them gies a &ond in a sum fi3ed &y the court conditioned upon the payment of said o&ligations within such time as the court directs, or when proision is made to meet those o&ligations. 2hat the full e3tent of Sy Bang's estate has not yet &een determined is no e3cuse from complying with court's order on this issue. Properties of the estate hae already &een identified, i.e. those in the names of petitioners, thus these properties should &e made to answer for the widow's allowance of Rosita. 5n any case, the mount Rosita receies f or support will &e deducted from her share of the estate. 5n iew of the delay caused &y the petitioners in paying for the allowance, they are ordered to pay the court tre&le the costs.
