Spec Pro Class 2020

FACTS:

Carlos Lim Kalaw Died intestate Victoria Lim Kalaw filed an amended petition for the issuance of letters of administration with the then CFI of Manila -naming Victoria, Pura, Rosa, Ana all surname Lim Kalaw as the surviving heirs of the late Carlos Lim Kalaw.

 

Trial court issued an order appointing petitioner Ana Lim Kalaw as Special administratrix then, petitioner filed a pre-inventory of all properties which came into her possessin special administratrix.

 

Trial court appointed Ana as Judicial administratrix and letter of administration was issued to her.

 

Thereafter, Jose Lim filed a motion to require petitioner to render an accounting of her adminstration of said estate.

 

The lower court ordered petitioner to render an accounting of her administration the court unserved.

 

Private respondent Rosa, together with her sister, filed a motion to remove petitioner as administratrix and to appoint instead Private respondent on the ground of negligence on the part of the petitioner to render an accounting of her administratrix more than 6 years ago - in violation of Sec. 8 Rule 85 Rules of Court.

 

Petitioner filed an opposition to the motion praying that the delay in rendering said accounting was due to the fact that the sala vacated for a considerable length of time, while the newly appointed Judge died.

 

ISSUE:

Whether or not the removal of petitioner as administratrix was proper because of the late rendering of account.

 

HELD:

Yes, her negligence in not rendering an accounting, for more than 6 years justifies petitioner's removal as administratrix and the appointment of the PR in her place as mandated by Sec. 2 R82.

 

As correctly stated by the appellate court: The settled rule is that the removal of an administrator under Sec. 2 R82 lies within the discretion of the court appointing him.

 

In the case at bar, the removal of petitioner as administratrix was on the ground of her failure for 6 years 3 months from the time she was appointed as administratrix to render an accounting of her administration as required by Sec 8 R85

 

Sec. 9 A hearing is usually held before an administrators account is approved, especially if an interested party raises objections to certain items in the accounting report he may be interrogated by the court and crossed by the oppositors counsel.