This case has been cited 1 times or more.
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2003-10-16 |
CARPIO, J. |
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| In the present case, Absolute as a creditor of the decedent filed the petition after the trial court denied its Motion for examination. Absolute questioned the ruling in favor of the administratrix and heirs of the decedent. Although as a creditor, Absolute does have the remedy of filing another case to recover such properties,[30] its Motion for examination was intended merely to investigate and take testimony in preparation for an independent action.[31] Aside from the administratrix and the heirs of the decedent, Absolute also sought to examine the supposed assignees of the decedent's shares, who are third persons with respect to the probate proceedings. The Motion was a preparatory move sanctioned by the Rules of Court. The denial of Absolute's Motion was an interlocutory order not subject to appeal. The order of denial may, however, be challenged before a superior court through a petition for certiorari under Rule 65. | |||||