FACTS:

The petitioner, Maria Socorro Avelino, filed a petition for the issuance of letters of administration of the estate of her late father, Antonio Avelino, Sr. who died intestate. The private respondents, including the second wife of Antonio Avelino, Sr., filed an opposition and requested for the conversion of the petition into an action for judicial partition. The Regional Trial Court granted the request and ordered the parties to submit an inventory of all the properties left by the deceased. The petitioner filed a motion for reconsideration but it was denied. The petitioner then filed a petition for certiorari, prohibition, and mandamus before the Court of Appeals, which was subsequently denied. The petitioner now brings the case before the Supreme Court, arguing that the Court of Appeals committed an error in upholding the trial court's finding that a partition is proper. The petitioner argues that administration proceedings should be conducted first to determine the character and extent of the decedent's estate.

ISSUES:

1. Whether the respondent appellate court committed an error of law and gravely abused its discretion in upholding the trial court's finding that a partition is proper.

2. Whether the administration proceedings should be the proper remedy pending the determination of the character and extent of the decedent's estate.

RULING:

1. The respondent appellate court did not commit an error of law and did not gravely abuse its discretion in upholding the trial court's finding that a partition is proper.

2. The administration proceedings should be the proper remedy pending the determination of the character and extent of the decedent's estate.

PRINCIPLES:

• When the existence of other properties of the decedent is a matter still to be reckoned with, administration proceedings are the proper mode of resolving the same.

• The Rules of Court does not provide for the conversion of a motion for the issuance of letters of administration to an action for judicial partition.