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Arce, et al vs. Sundiam, et al

EULALIO ARCE, LEONOR LAPERAL, LORENZA ARCE, PEDRO GARCIA, RAMON ARCE, JR., NIEVES DRUECO, MAURO ARCE, PRISCILLA SORIANO, and AURELIA ARCE, petitioners, vs. THE HON. CARLOS L. SUNDIAM, Judge, Court of First Instance of Bulacan, Branch IV (Baliuag), and ESP

G.R. No. L-33081 | 1976-03-10

D E C I S I O N

ANTONIO, J:

We apply here the settled rule that while the Judges of the Courts of First Instance are conferred a broad discretion in the appointment of a receiver, such authority must not be exercised arbitrarily, and sound reasons for the appointment of the receiver should appear in the record of the case in which the receivership is initiated.

The facts as may be gathered from the pleadings and other relevant documents may be briefly stated as follows:
Ramon Arce died testate on May 12, 1961 leaving as heirs his sons, daughters and grandchildren, to wit: Eulalio Arce (son), Lorenza Arce (daughter), Ramon Arce, Jr....