Estate of Cosme de Mendoza vs Pacheco

G.R. No. 43351, February 26, 1937

FACTS:

Manuel Soriano was the former administrator of the estate of Cosme. As such
administrator, he filed a bond for P5,000 with Januario Pacheco and Raymundo Cordero
as sureties. When an account was made, Soriano was indebted to the estate. Thus, the
lower court ordered the execution of his bond.

Sometime later, Soriano and the new administratrix entered into a settlement whereby
Soriano ceded certain real properties to the estate, thereby reducing his indebtedness
to P5,000. The sureties now question the jurisdiction of the court to execute the bond.

ISSUE:

o Whether or not a probate court has the power to order the execution of an
administrator's bond

HELD:

Yes. It is true that the law does not say expressly stated the probate court has the
power to execute the bond of an administrator, but by necessary and logical
implication, the power is there as eloquently as if it were phrased in unequivocal term.