PEREIRA vs. COURT OF APPEALS FACTS:Andres de Guzman Pereira died without a will. He was survived bypetitioner Pereira, hislegitimatespouseof 10months, andhissister RitaPereira aga!, the herein private respondent. Private respondent instituted aspe!ial pro!eedingfortheissuan!eof lettersof administrationinherfavorpertaining to the estate of the de!eased Andres de Guzman Pereira.Petitioner filedher oppositionallegingthat theree"ists noestateof thede!eased for purposes of administration and praying in the alternative, that ifan estate does e"ist, the letters of administration relating to the said estate beissuedinherfavorasthesurvivingspouse.#heR#$appointedaga!asadministratri" of the intestate estate of Andres de Guzman Pereira. Petitionerbrought the !ase to the $Awhi!h affirmed the appointment of privaterespondent as administratri". Hen!e, this petition for review on !ertiorari.ISSUE: 1. %s a &udi!ialadministration pro!eeding ne!essary when the de!edentdies intestate without leaving any debts'(. )ay the probate !ourt appoint the surviving sister of the de!eased asthe administratri" of the estate of the de!eased instead of the survivingspouse' HELD:1. *. %t hasbeenrepeatedlyheldthat whenapersondieswithoutleaving pending obligations to be paid, his heirs, whether of age or not,are not bound to submit the property to a &udi!ial administration, whi!his always longand!ostly, or toapply for theappointment of anadministrator bythe$ourt. %t hasbeenuniformlyheldthat insu!h!ase, the &udi!ial administration and the appointment of anadministrator are superfluous and unne!essary pro!eedings. (. *. #he !ourt finds it unne!essary to delve into the issue of who, asbetweenthesurvivingspouse+i!toriaPereiraandthesister Ritaaga!, shouldbepreferredtobeappointedasadministratri". #heletters of administrationissuedbytheR#$toaga! areherebyrevo,ed and the administration pro!eeding dismissed withoutpre&udi!e to the right of private respondent to !ommen!e a new a!tionfor partition of the property left by Andres de Guzman Pereira. SOLIVIO vs. CA FACTS:-steban .avellana,.r.dieda ba!helor.His only surviving relativesare his maternal aunt, petitioner $eledonia /olivio and the private respondent,$on!ordia.avellana0+illanueva, sister of his de!easedfather. 1uringhislifetime, -steban, .r. had e"pressed his plan to pla!e his estate in afoundation to honor his mother and to help poor but deserving students obtaina !ollege edu!ation. 2nfortunately, he died of a heart atta!, without having setupthefoundation. $eledoniaand$on!ordiaagreedto!arryout -steban3sdesire. $eledonia filed a petition for her appointment as spe!ial administratri"./he was de!lared sole heir of the estate of -steban, .r. #hereafter, she soldproperties of the estate to pay the ta"es and other obligations of the de!easedandpro!eededtoset upthe4/A52/#%A/*5%+%*+1A. 1-.A+-55AA6*21A#%*4 whi!hshe!ausedtoberegisteredinthe/e!uritiesand-"!hange $ommission.$on!ordia filed a motion for re!onsideration be!ause she too was an heir ofthede!eased. Hermotionwasdeniedbut insteadof appealing, $on!ordiafileda!aseforpartition, re!overyof possession, ownershipanddamages.#hetrial !ourt ruledinfavor of $on!ordia. $eledoniafiledher motionsforre!onsideration and averred that the properties of the de!eased had alreadybeen transferred to, and were in the possession of, the 3/alustia /olivio +da.de .avellana 6oundation.4 #he trial !ourt denied her motions forre!onsideration. #he $A affirmed the de!ision of the trial !ourt in toto. Hen!e,this petition for review.ISSUE:1. 7hether theR#$of %loilohad&urisdi!tiontoentertainthe!ivil !aseforpartition and re!overy of $on!ordia +illanueva3s share of the estate of-steban .avellana, .r. even while the probate pro!eedings were still pendingin the same !ourt'HELD:o. #heR#$la!,ed&urisdi!tiontoentertain$on!ordia3sa!tionforpartitionandre!overyof her shareof theestateof -steban, .r. whiletheprobate pro!eedings for the settlement of said estate are still pending in thesame !ourt, there being as yet no orders for the submission and approval oftheadministrati"3sinventoryanda!!ounting, distributingtheresidueof theestate to the heir, and terminating the pro!eedings. #he petition for review is granted. #he de!ision of the trial !ourt and the $Aare hereby /-# A/%1-. $on!ordia +illanueva is de!lared an heir of the late-steban, .r. entitled to 18( of his estate. POBRE vs. HON. JUDGE ARSENIO M. GONONG%t is indi!ated that the parties0litigants in this !ase are related to ea!h other,tra!ingtheir !ommonan!estryfromtheoriginal ownersof thepropertiesinvolved, who appear to be 9onifa!io Pobre and %rene 9lan!o, to whom wasborn an only son, %sidoro Pobre. Petitioner avers that %rene 9lan!oprede!eased 9onifa!io Pobre and later 9onifa!io Pobre married #eresa9lan!o, to whi!h marriage )a"ima Pobre and .ovita Pobre were born:)emorandum of Petitioner, Rollo, p. 1;uianzon and .ovita Pobre.)a"ima Pobre de >uianzondied on .anuary 1A, 1Auianzon= be!amethesurvivingheirsof theintestateestate of .ovita Pobre as they were the latter3s nephews and nie!es.*n )ay (D, 1ABB, Petitioner 6ran!is!o -. Pobre filed a Petition for 5etters ofAdministrationwiththe$ourt of 6irst %nstan!eof %lo!osorte, prayingthatafter due hearing and publi!ation, letters of administration be issued to him forthe administration of the intestate estate of )a"ima Pobre de >uianzon and.ovita -. Pobre, and that the said estates of )a"ima Pobre de >uianzon and.ovita -. Pobrebesettled and distributed among their legal heirs. #his%ntestate Pro!eedings was do!,eted as /pe!ial Pro!eedings, o. Buianzonwasonlyanillegitimate!hildof thede!eased9onifa!io Pobre@ that .ovita Pobre was the only legitimate !hild of the spouses#eresa 9lan!o and 9onifa!io Pobre and, therefore, it should be .ovita Pobrealonewhoshouldsu!!eedtotheentireestateleft byher mother #eresa9lan!o, e"!ept for su!h portion that may be alloted to an illegitimate !hild aspres!ribed by Art. DA< in relation to Arti!le AD; of the ew $ivil $ode@ that atthe time of the death of )a"ima Pobre, her only legal heir was her husband9asilio >uianzon@ that Petitioner 6ran!is!o Pobre and the other heirsmentioned in the Petition are pre!luded from inheriting the estate of )a"imaPobre who was an illegitimate!hild@ that furthermore, .ovita Pobre haddisposedof all her propertiesbeforeher deathandRespondent spouses5lanes, a!Fuired by pur!hase from .ovita Pobre par!els ;, uianzon and .ovita 9. Pobre@ and that 6ran!is!o Pobre was disFualified tobe appointed as administrator.#he lower !ourt on 6ebruary (0, 1ABD, appointed the $ler, of the lower !ourt,Atty. .ulian 1u!o as spe!ialadministrator of the intestate estate in Fuestionbut on .anuary 1;, 1ABA, said appointment was revo,ed and petitioner6ran!is!oPobrewasappointedadministratorof theestate.#helatterthensubmitted to the $ourt an %nventory and Appraisal of the Real and Personal-state of the de!edents )a"ima Pobre and .ovita Pobre.A )otionfor Re!onsiderationof the*rder of .anuary1;, 1ABAappointing6ran!is!o-. Pobre, astheregular administrator wasfiledbyRespondent%luminada 5lanes who insisted that they are the legal owners and possessorsof the real properties in the %nventory to the e"tent of one0third of the whole ofthe real properties in paragraphs ;,