Avelino vs CA

Facts of the Case:

The case is a petition for review on certiorari of the CA's decision affirming Quezon City RTC branch 78's decision converting the petitioner's petition for issuance of letters of administration into an action for legal partition.

Antonio Avelino Sr. died intestate. During his lifetime, he was married twice and had children from both marriages.

The petitioner, Socorro, is Avelino Sr.'s daughter from his first marriage with private respondent Angelina Avelino. In 1991, after Avelino Sr.'s death,Socorro filed for a petition for the issuance of letters of administration for herself over the estate of her late father.

This was opposed by the other heirs who wanted to judicially partition the estate instead.

ISSUE:

Whether or not the lower courts erred in converting the petitioner's petition for the issuance of letters of administration into a judicial partition of estate

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