TAYAG, ancillary administrator-appellee, vs. Confronted by an obstinate and adamant refusal of the domiciliary administrator, the County Trust Company of New York, United States of America, of the estate of the deceased Idonah Slade Perkins, who died in New York City on March 27,to surrender to the ancillary administrator in the Philippines the stock certificates owned by her in a Philippine corporation, Benguet Consolidated, Inc.
Confronted by an obstinate and adamant refusal of the domiciliary administrator, the County Trust Company of New York, United States of America, of the estate of the deceased Idonah Slade Perkins, who died in New York City on March 27,to surrender to the ancillary administrator in the Philippines the stock certificates owned by her in a Philippine corporation, Benguet Consolidated, Inc.
After considering the motion of the ancillary administrator, dated February 11,as well as the opposition filed by the Benguet Consolidated, Inc.
The appeal cannot possibly prosper. The challenged order represents a response and expresses a policy, to paraphrase Frankfurter, arising out of a specific problem, addressed to the attainment of specific ends by the use of specific remedies, with full and ample support from legal doctrines of weight and significance.
The facts will explain why. As set forth in the brief of appellant Benguet Consolidated, Inc. Marquez was appointed ancillary administrator, and on January 22,he was substituted by the appellee Renato D. A dispute arose between the domiciary administrator in New York and the ancillary administrator in the Philippines as to which of them was entitled to the possession of the stock certificates in question.
On January 27,the Court of First Instance of Manila ordered the domiciliary administrator, County Trust Company, to produce and deposit them with the ancillary administrator or with the Clerk of Court. The domiciliary administrator did not comply with the order, and on February 11,the ancillary administrator petitioned the court to issue an order declaring the certificate or certificates of stocks covering the 33, shares issued in the name of Idonah Slade Perkins by Benguet Consolidated, Inc.
As was made clear at the outset of this opinion, the appeal lacks merit. The challenged order constitutes an emphatic affirmation of judicial authority sought to be emasculated by the wilful conduct of the domiciliary administrator in refusing to accord obedience to a court decree.
How, then, can this order be stigmatized as illegal? As is true of many problems confronting the judiciary, such a response was called for by the realities of the situation. It can truly be said then that the result arrived at upheld and vindicated the honor of the judiciary no less than that of the country.
Thus did the lower court, in the order now on appeal, impart vitality and effectiveness to what was decreed. Unless such a blatant disregard by the domiciliary administrator, with residence abroad, of what was previously ordained by a court order could be thus remedied, it would have entailed, insofar as this matter was concerned, not a partial but a well-nigh complete paralysis of judicial authority.
Appellant Benguet Consolidated, Inc. Such a power is inherent in his duty to settle her estate and satisfy the claims of local creditors.
It is often necessary to have more than one administration of an estate. That which is granted in the jurisdiction of decedent's last domicile is termed the principal administration, while any other administration is termed the ancillary administration.
Hence, an administrator appointed in a foreign state has no authority in the [Philippines]. The ancillary administration is proper, whenever a person dies, leaving in a country other than that of his last domicile, property to be administered in the nature of assets of the deceased liable for his individual debts or to be distributed among his heirs.Philippine Jurisprudence - TESTATE ESTATE OF IDONAH SLADE PERKINS.
RENATO D. TAYAG vs. BENGUET CONSOLIDATED, INC. TAYAG VS. BENGUET CONSOLIDATION G.R. No. L November 29, Lessons Applicable: Theory of Concession (Corporate Law) FACTS: + March 27, Idonah Slade Perkins died in New York City + August 12, Prospero Sanidad instituted ancillary administration proceedings appointing ancillary administrator Lazaro A.
Marquez later on substituted by Renato D. Tayag + On January 27, . Tayag vs. Benguet consolidated INC 26 SCRA Facts: Idonah Slade Perkins died in New York on March , the domestic administrator in New York refused to give the Stock Certificates owned by Perkins in the Benguet Consolidated Inc.
to the Ancillary administrator here in the Philippines for the purpose of satisfying the legitimate claims of local creditors.5/5(1). Tayag v.
Benguet, Corporation Law in the Philippines. In March , Idonah Perkins died in New York. She left behind properties here and abroad.
One property she left behind were two stock certificates covering 33, shares of stocks of the Benguet Consolidated, Inc (BCI). The electronic content in this web site may contain computer-generated errors or other deviations from the official printed documents.
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