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Suntay vs. Cojuangco-Suntay, et al

FEDERICO C. SUNTAY, PETITIONER, VS. ISABEL COJUANGCO-SUNTAY* AND HON. GREGORIO S. SAMPAGA, PRESIDING JUDGE, BRANCH 78, REGIONAL TRIAL COURT, MALOLOS, BULACAN, RESPONDENTS.

G.R. No. 132524 | 1998-12-29

D E C I S I O N
 
MARTINEZ, J.:
 
Which should prevail between the ration decidendi and the  fallo  of a decision is the primary issue in this petition for certiorari under Rule 65 filed by petitioner Federico C. Suntay who opposes respondent Isabel’s petition for appointment as administratrix of her grandmother’s estate by virtue of her right of representation.

The suit stemmed from the following:

On July 9, 1958, Emilio Aguinaldo Suntay (son of petitioner Federico Suntay) and Isabel Cojuangco-Suntay were married in the Portuguese Colony of Macao. Out of this marriage, three children were...