Phil Trust V Luzon Surety

Philippine Trust Co. v. Luzon Surety Co., Inc.
(2008)
Petitioner: Philippine Trust Co. , Intestate Estate of James Burt
Respondent: Luzon Surety Co. Inc. (1961)
Ponente: Dizon,J.
Doctrine: Actions against administrator who disbursed funds of the
estate without authority will result in the forfeiture of the
administrators bond, aside from criminal liability of estafa.
FACTS:
1. CFI Manila appointed Francis R. Picard, Sr. as Administrator the
Intestate Estate of the deceased James R. Burt upon a bond of P1K,
with Luzon Surety Co., Inc. as his surety.
2. For reasons that do not fully appear of record, the Court dismissed
Picard, as administrator and appointed the Phil. Trust in his place.
3. Phil Trust submitted an inventory-report showing the sum of P57.75 as
the only asset left of the Intestate Estate of Burt.
a. The Court, upon review of the record of the case, found that
Picards previous inventory of the estate of the deceased had
around P7k balance (after deducting expenses).
4. Court ordered Picard to deliver within 48 hours from the receipt of a
copy of the Order the P7K (balance less the P57.75) to Phil. Trust
Company. Otherwise, he will be imprisoned for contempt until he
complies with the order.
5. In compliance with the Order, Picard submitted an itemized statement
of disbursements made by him as administrator of the estate, showing
additional expenses such as burial expenses, sums of money given to
deceased adoptive son, leaving a balance of around P900.
6. Court issued an Order finding Picard guilty of having disbursed funds of
the estate amounting to about P8K without authority.
7. For this reason, the Court referred the matter to the City Fiscal of
Manila for investigation. Picard prosecuted for estafa.
a. Picard pleaded guilty estafa. Civil liability -P8K.
8. Thereafter, Court issued an order requiring Luzon Surety Co., Inc. to
show cause why the administrator's bond filed by it on behalf of Picard
would not be confiscated.
9. Luzon filed a motion to set aside said order upon the following grounds:
firstly, that the Court cannot order the confiscation of the administrator's
bond, on prejudice or injury to creditors, legatees or heirs of the estate
of James R. Burt having been shown, and secondly, that "a probate
court cannot, ex proprio motu, prosecute the probate bond."
10. Court denied the motion as well as the MR.
ISSUES: WON probate court, ex proprio motu, cannot order the
confiscation or forfeiture of an administrator's bond.
RULING + RATIO: Yes. Probate Court can order the confiscation or

forfeiture of an administrators bond.
1. In the Philippine jurisdiction, probate court is possessed with an allembracing power not only in requiring but also in fixing the amount, and
executing or forfeiting an administrator's bond.
a. The execution or forfeiture of an administrator's bond, is deemed
be a necessary part and incident of the administration proceedings
as much as its filing and the fixing of its amount.
b. The rule, therefore, is that the probate court may have said bond
executed in the same probate proceeding.
2. Also, the condition of the administrator's bond in question is that Picard
shall faithfully execute the orders and decrees of the court; that if he did
so, the obligation shall become void, otherwise it shall remain in full
force and effect.
3. Luzons contention that it was not proper for the lower court to order the
confiscation of its bond because no prejudice or injury to any creditor,
heir or other interested person has been proved is also without merit
a. According to the record, the claims against the estate filed by
Antonio Gardiner and Jose Teruel for the sum of P200 and P3K,
respectively, were approved by the probate court but the same
have remained unpaid because of lack of funds.
4. Luzon also claims that it had been released from liability as surety
because it received no notice of the proceedings for the determination
of the accountability of the administrator. This contention we also find to
be untenable.
a. From the nature of the obligation entered into by the surety on an
administrator's bond which makes him privy to the proceedings
against his principal he is bound and concluded, in the absence
of fraud and collusion, by a judgment against his principal, even
though said surety was not a party to the proceeding.
b. De Mendoza vs. Pacheco: the sureties on the administrator's bond
were held liable thereon although they were not parties to the
proceeding against the administrator, nor were they notified in
connection therewith prior to the issuance of the court order for the
confiscation of the bond.
5. Lastly, according to Section 11, Rule 86 of the Rules of Court, upon the
settlement of the account of an executor or administrator, his sureties
"may upon application, be admitted as a party to such accounting."
meaning, sureties are not entitled to notice but may be allowed to
intervene in the settlement of the accounts of the executor or
administrator if they ask for leave to do so in due time.
DISPOSITION: WHEREFORE, the decision appealed from is hereby
affirmed, with costs.

Phil Trust V Luzon Surety

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Philippine Trust Co. v. Luzon Surety Co., Inc.

RULING + RATIO: Yes. Probate Court can order the confiscation or

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