Petitioner
In Re Intestate of the Deceased Roman Lazo. Jacobe Lazo
Respondent
Mauro Lazo
Citation
G.R. No. 46198
Court
Supreme Court En Banc
Division
En Banc
Ponente
Laurel, J.
Decided
October 10, 1938

Summary

This intestate succession case involved a dispute between widow-administratrix Jacobe Lazo and special administrator Mauro Lazo over priority of their respective administration expense claims in an insolvent estate. The deceased Roman Lazo's estate administration faced difficulties leading to appointment of both administrators at different times. When the estate became insolvent with only P900 available, both administrators claimed preference for their allowed expenses (Jacobe: P4,619.73 reduced to P3,933; Mauro: P738.07). The Supreme Court clarified that under Section 735 of the Code of Civil Procedure, administration expenses have equal priority without preference based on approval dates. The Court ordered pro rata distribution of available funds, establishing important precedent that administration expenses rank equally regardless of timing of court approval.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Search Philippine case law on Intellegal →

By the Intellegal Editorial Board · October 10, 1938

Search Philippine case law on Intellegal →
AI-assisted case analysis — for research only. Verify against the official decision. A research aid, not legal advice; using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer. Verify every holding and citation against the official decision (Supreme Court E-Library / Official Gazette) before relying on it.