BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
VILMA C. TAN, GERARDO “JAKE” TAN and GERALDINE TAN, REPRESENTED BY EDUARDO NIERRAS, Petitioners,
vs.
THE HON. FRANCISCO C. GEDORIO, JR., IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 12, ORMOC CITY, ROGELIO LIM SUGA and HELEN TAN RACOMA, REPRESENTED BY ROMUALDO LIM, Respondents.
G.R. No. 166520 March 14, 2008
CHICO-NAZARIO, J.:
FACTS:
Gerardo Tan died leaving no will.
Upon his death on Oct. 14, 2000, private respondents Rogelio Lim Suga and Helen Tan Racoma, who were claiming to be the children of the decedent moved for the appointment of their attorney-in-fact, Romualdo Lim as special administrator.
This was opposed by the petitioner Vilma Tan, Jake Tan and Geraldine Tan, claiming that none of the respondents can be appointed since they are not residing in the country, that Romualdo does not have the same competence as Vilma Tan who was already acting as the de facto administratrix of Gerardo’s estate, and that the nearest of kin, being one of the legitimate children, is preferred in the choice of administrator (claiming that the respondent were illegitimate children).
The Court appointed Vilma Tan as the de facto administrator, however, due to the fact that she did not comply with her duties as such, the court granted Romualdo’s appointment as special administrator. Petitioners appealed to the Court of Appeals and was denied, hence the petition for review on certiorari under Rule 45 of the Rules of Court.
ISSUE:
Whether or not the court erred in denying petitioner’s plea to be given primacy in the administration of their father’s estate.
HELD:
No. The order of preference of appointment in the appointment of a regular administrator provision does not apply to the selection of a special administrator. The order of preference which the petitioners speak of under Section 6, Rule 78 of the Rules of Court for the next of kin refers to the appointment of a regular administrator, and not of a special administrator, as the appointment of the latter lies entirely in the discretion of the court, and is not appealable. If petitioners really desire to avail themselves of the order of preference, they should pursue the appointment of a regular administrator and put to an end the delay which necessitated the appointment of a special administrator.
The court was correct in granting the appointment of Romualdo as special administrator since it was shown that Vilma was in remiss after failing to follow the series of directives and extension given to her to account for the estate.