SILVERIO SR. VS. SILVERIO JR.

Facts:
The instant controversy stemmed from the settlement of estate of the deceased Beat
riz Silverio, where Silverio Jr. executed a Deed of Absolute Sale in favor of Citrine Ho
ldings, Inc. Silverio Sr. filed an urgent application for the issuance of Temporary Rest
raining Order/Preliminary Injuction praying among others, restraining and/or preventi
ng Siverio Jr., from committing any act that would affect the titles to the properties. T
he Court of Appeals rendered decision declaring the Deed of Absolute Sale, Transfer
Certificate of Title and all derivative titles over the property valid. Silverio Sr. contend
s that CA committed a reversible error in upholding the validity of the properties on th
e ground that the intestate court cannot annul the sales as it has limited jurisdcition o
nly and which does not include resolving issues of ownership.

Issue: whether the sale of the intestate estate by the adminstator was valid

Held:
The Court ruled that an administrator can validly sell the intestate estate under the ad
ministration only by leave of court. The CA therefore did not err in reversing the order
of the intestate court annuling the sale of the subject properties grounded solely on th
e injunction in which the respondents should not be prejudiced by the flip-flopping ap
pointment of Administrator by the intestate court.

SAN LUIS VS. SAN LUIS

Facts: Former Laguna Governor Felicisimo San Luis had first spouse (Virginia) who p
redeceased him, then married again to an American citizen (Merry) who divorced him
, then remarried again (Felicidad). Felicidad filed a Petition for Letters of Administrati
on before the RTC. Petition was contested by Felicisimo’s children for 2 grounds: (1)
Venue was improperly laid because it should be filed in Laguna (domicile) and not in
Makati (covers Alabang, decedent’s residence at the of his death), and (2) no legal p
ersonality to sue because Felicidad is only a mistress.

Issue: 1. whether the venue was properly laid

2. whether Felicidad has legal capacity to file the subject petition for letters of
administration

Held:
1. Yes, the term “place of residence” of the decedent, for purposes of fixing the venu
e of the settlement of his estate, refers to the personal , actual or physical habitation,
or actual residence or place of abode of a person as distinguished from legal residen
ce or domicile.

2. Yes, as Felicidad may be considered the co-owner of Felicisimo as regards to the

properties acquired through their joint efforts during their cohabitation.