Spec Pro Class 2020

Facts:

    In 1953, Jose Millarez died intestate thus, petitioner Lim, who claimed to be the nephew of the deceased,  filed a petition for his appointment as judicial administrator of the estate with the Court of First Instance of Negros Occidental. He also alleged that the deceased left no relatives such as descendants, ascendants or surviving spouse, except collaterals.

​

     To the said petition, Basilisa Diaz-Millarez, claiming to be a widow of the late Jose Millarez, filed an opposition on two grounds: that the petitioner has an adverse interest in the estate; and that the properties of the estate are the subject matter of a litigation between her as plaintiff and Cirilo Lim as defendant in Civil Case.

​

     In an independent civil action, the facts showed that Lim has some liabilities in the estate.

​

    In trial court, expediente is ordered dismissed. Failing in his motion for the reconsideration of this order, the petitioner, Cirilo Lim, brought the case to the Court of Appeals but that court has certified the appeal to SC. Hence, this petition.

 

Issue:

      Whether or not Cirilo can be an administrator of the estate.

 

Held:

     Supreme Court ruled that the petitioner Cirilo was indebted to the decedent's estate, he cannot compatibly perform the duties of an administrator. In this jurisdiction, one is considered to be unsuitable for appointment as administrator when he has an adverse interest of some kind or hostility to those immediately interested in the estate.

 

     The determination of a person's suitability for the position of judicial administrator rests to a great extent in the judgment of the court exercising the power of appointment. Said discretion is not to be inferred with on appeal unless the said court is clearly in error.

 

     Here, it cannot be denied that Cirilo Lim, as a relative of the deceased, has some interest adverse to that of Basilisa and has shown to have some liabilities to Basilisa and to the estate as a whole. Thus, Cirilo cannot compatibly perform the duties of an administrator.