Mercedes Cano Case

SPECIAL PROCEEDINGS - RULE 90

Timbol vs. Cano

1 SCRA 1271

April 21, 1961

Facts of the Case:

Mercedes Cano died intestate, leaving her son Florante C. Timbol, who is a minor at that time, as her sole heir. Jose Cano was then appointed as administrator of the agricultural land left by Mercedes. Jose filed a petition before the court that he be allowed to lease the land for the amount of four thousand pesos (P 4, 000.00), and that such amount will be used for the maintenance of the minor and the payment of the land expenses. The petition was granted, and Jose became the lessee of the property.

Then, with the agreement of the heir and the administrator, the monthly rental was reduced to two thousand five hundred pesos (P 2, 500.00) and that 30 hectares of the land will be converted into a subdivision.

Florante then became the administrator of the property. He filed a petition that the 30 hectares be increased to 41.9233 hectares. Jose objected on the ground that if the area of the subdivision be increased, the land that he leases will be reduced. He also argued that his possession is based on a valid contract and so he may not be deprived of his right as a legal lessee. The court denied his petition.

Hence, this appeal.

Issues:

Whether or not the lease contract is valid and binding to protect the previous administrator.

Whether or not the heir and the new appointed administrator may reduce the land subject to the lease contract.

Ruling of the Case:

The Supreme Court held that the contract is not valid, and cannot be used by the administrator