This case has been cited 1 times or more.
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2009-05-08 |
TINGA, J. |
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| Fortunately, there is a median that not only exists, but also has been recognized by this Court, with respect to the petitioners herein, that addresses the core concern of petitioners to be apprised of developments in the intestate proceedings. In Hilado v. Judge Reyes,[25] the Court heard a petition for mandamus filed by the same petitioners herein against the RTC judge, praying that they be allowed access to the records of the intestate proceedings, which the respondent judge had denied from them. Section 2 of Rule 135 came to fore, the provision stating that "the records of every court of justice shall be public records and shall be available for the inspection of anyinterested person x x x." The Court ruled that petitioners were "interested persons" entitled to access the court records in the intestate proceedings. We said:Petitioners' stated main purpose for accessing the records to monitor prompt compliance with the Rules governing the preservation and proper disposition of the assets of the estate,e.g., the completion and appraisal of the Inventory and the submission by the Administratrix of an annual accounting appears legitimate, for, as the plaintiffs in the complaints for sum of money against Roberto Benedicto, et al., they have an interest over the outcome of the settlement of his estate. They are in fact "interested persons" under Rule 135, Sec. 2 of the Rules of Court x x x[26] Allowing creditors, contingent or otherwise, access to the records of the intestate proceedings is an eminently preferable precedent than mandating the service of court processes and pleadings upon them. In either case, the interest of the creditor in seeing to it that the assets are being preserved and disposed of in accordance with the rules will be duly satisfied. Acknowledging their right to access the records, rather than entitling them to the service of every court order or pleading no matter how relevant to their individual claim, will be less cumbersome on the intestate court, the administrator and the heirs of the decedent, while providing a viable means by which the interests of the creditors in the estate are preserved. | |||||