the properties listed in the estate inventory, considering that the issue of ownership was the very subject of controversy in the reconveyance suit that was still pending. It was, therefore, error for the assailed implementing Orders to conclude that the Probate Order adjudged with finality the question of ownership of the mining properties and royalties, and that, premised on this conclusion, the dispositive portion of the said Probate Order directed the special administrator to pay the legacy in dispute. 20. G.R. No. L-81147 June 20, 1989 VICTORIA BRINGAS PEREIRA, petitioner, vs. THE HONORABLE COURT OF APPEALS and RITA PEREIRA NAGAC, respondents. Is a judicial administration proceeding necessary when the decedent dies intestate without leaving any debts? May the probate court appoint the surviving sister of the deceased as the administratrix of the estate of the deceased instead of the surviving spouse? These are the main questions which need to be resolved in this case. Andres de Guzman Pereira, an employee of Philippine Air Lines, passed away without a will. He was survived by his legitimate spouse of 10 months, herein petitioner Victoria Bringas Pereira, and his sister Rita Pereira Nagac, herein private respondent. On March 1, 1983, private respondent instituted before Branch 19 of the RTC of Bacoor, Cavite, a Special Proceeding for the issuance of letters of administration in her favor pertaining to the estate of the deceased Andres de Guzman Pereira. In her verified petition, private respondent alleged that: she and Victoria Bringas Pereira are the only surviving heirs of the deceased; that the deceased left no will; there are no creditors of the deceased; the deceased left several properties, namely: death benefits from the Philippine Air Lines (PAL), the PAL Employees Association (PALEA), the PAL Employees Savings and Loan Association, Inc. (PESALA) and the Social Security System (SSS), as well as savings deposits with the Philippine National Bank (PNB) and the Philippine Commercial and Industrial Bank (PCIB), and a 300 square meter lot located at Barangay Pamplona, Las Pinas, Rizal and finally, that the spouse of the deceased (herein petitioner) had been working in London as an auxiliary nurse and as such, one-half of her salary forms part of the estate of the deceased. On March 23, 1983, petitioner filed an opposition and a motion to dismiss the petition of private respondent, alleging that there exists no estate of the deceased for purposes of administration and praying in the alternative, that if an estate does exist, the letters of administration relating to the said estate be issued in her favor as the surviving spouse. The Regional Trial Court, appointed private respondent Rita Pereira Nagac administratrix of the intestate estate of Andres de Guzman Pereira upon a bond posted by her in the amount of P 1,000.00. The trial court ordered her to take custody of all the real and personal properties of the deceased and to file an inventory thereof within 3 months after receipt of the order.
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