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IN RE: Petition to Approve the Will of Ruperta Palaganas with Prayer for the Appointment of Special Administrator, Manuel Miguel Palaganas and Benjamin Gregorio Palaganas, Petitioners, v. Ernesto Palaganas, Respondent, -‐ WALA G.R. No. 169144, 26 January 2011
Vda. De Perez vs. Tolete
FACTS: - Dr. Jose Cunanan and his wife, Dr. Evelyn Perez-Cunanan, who became American citizens and residents of New York, each executed a will also in New York, containing provisions on presumption of survivorship (in the event that it is not known which one of the spouses died first, the husband shall be presumed to have predeceased his wife).
-Later, the entire family perished in a fire that gutted their home. Thus, Rafael, who was named trustee in Jose’s will, filed for separate probate proceedings of the wills. -The Petitioner herein, Evelyn’s mother, Salud Perez, filed a petition for reprobate in Bulacan. RTC issued an order, directing the issuance of letters of special administration in favour of the petitioner making her administrator of the estate.
- Rafael opposed, arguing that Salud was not an heir according to New York law. He contended that since the wills were executed in New York, New York law should govern. He further argued that, by New York law, he and his brothers and sisters were Jose’s heirs and as such entitled to notice of the reprobate proceedings, which Salud failed to give. RTC at first agreed with the Petitioner that the Cunanan’s heir were collateral heir that are deliberately excluded; but upon opposition by the said heirs wherein they make mention of a prior agreement to settle and divide the estate among all the parties, petitioner is now stopped to lay claim as a sole heir. The case was later reassigned where probate was denied and the case should have been given finality.
- Petitioner filed a motion to resume proceedings on account of the final settlement and termination of the probate cases in New York. Then after, the petitioner herein filed a motion praying for the reconsideration of the previous decision on the strength of the Order granting her a period of 15 days upon arrival in the country within which to act on the denial of probate of the wills of the Cunanan spouses;
- The other heirs filed a motion for reconsideration based on lack of notice to their lawyer, to which the RTC denied but however, respondent Judge said that the documents did not establish the law of New York on the procedure and allowance of wills that further evidence was needed. Petitioner filed a motion to allow her to present further evidence on the foreign law. After the hearing of the motion, respondent Judge issued an order wherein he conceded that insufficiency of evidence to prove the foreign law was not a fatal defect and was curable
by adducing additional evidence. He granted petitioner 45 days to submit the evidence to that effect.
- However, without waiting for petitioner to adduce the additional evidence, respondent Judge later ruled in another order that he found "no compelling reason to disturb its ruling of March 31, 1986" but allowed petitioner to "file anew the appropriate probate proceedings for each of the testator"
- This prompted petitioner to file a second motion for reconsideration stating that she was "ready to submit further evidence on the law obtaining in the State of New York" and praying that she be granted "the opportunity to present evidence on what the law of the State of New York has on the probate and allowance of wills"
- RTC denied the motion holding that to allow the probate of two wills in a single proceeding "would be a departure from the typical and established mode of probate where one petition takes care of one will." He pointed out that even in New York "where the wills in question were first submitted for probate, they were dealt with in separate proceedings"
- Petitioner then filed a motion for reconsideration to which the RTC denied on the grounds that "the probate of separate wills of two or more different persons even if they are husband and wife cannot be undertaken in a single petition”
- Hence, petitioner instituted the instant petition, arguing that the evidence offered at the hearing proved the laws of the State of New York on the allowance of wills, and that the separate wills of the Cunanan spouses need not be probated in separate proceedings.
ISSUES: 1. W/N notice must be given. 2. W/N Joint probate of the wills be allowed.
HELD: This petition cannot be completely resolved without touching on a very glaring fact - petitioner has always considered herself the sole heir of Dr. Evelyn Perez Cunanan and because she does not consider herself an heir of Dr. Jose F. Cunanan, she noticeably failed to notify his heirs of the filing of the proceedings. Thus, even in the instant petition, she only impleaded respondent Judge, forgetting that a judge whose order is being assailed is merely a nominal or formal party. The rule that the court having jurisdiction over the reprobate of a will shall "cause notice thereof to be given as in case of an original will presented for allowance" (Revised Rules of Court, Rule 27, Section 2) means that with regard to notices, the will probated abroad should be treated as if it were an "original will" or a will that is presented for probate for the first time. Accordingly, compliance with Sections 3 and 4 of Rule 76, which require publication and notice by mail or personally to the "known heirs, legatees, and devisees of the testator resident in the Philippines" and to the executor, if he is not the petitioner, are required. The brothers and sisters of Dr. Jose F. Cunanan, contrary to petitioner's claim, are entitled to
notices of the time and place for proving the wills. Under Section 4 of Rule 76 of the Revised Rules of Court, the "court shall also cause copies of the notice of the time and place fixed for proving the will to be addressed to the designated or other known heirs, legatees, and devisees of the testator
The respective wills of the Cunanan spouses, who were American citizens, will only be effective in this country upon compliance with the following provision of the Civil Code of the Philippines:
Art. 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes.
Thus, proof that both wills conform with the formalities prescribed by New York laws or by Philippine laws is imperative. The evidence necessary for the reprobate or allowance of wills which have been probated outside of the Philippines are as follows: (1) the due execution of the will in accordance with the foreign laws; (2) the testator has his domicile in the foreign country and not in the Philippines; (3) the will has been admitted to probate in such country; (4) the fact that the foreign tribunal is a probate court, and (5) the laws of a foreign country on procedure and allowance of wills; Except for the first and last requirements, the petitioner submitted all the needed evidence.
The necessity of presenting evidence on the foreign laws upon which the probate in the foreign country is based is impelled by the fact that our courts cannot take judicial notice of them
Thus the SC cited that there is merit in petitioner’s insistence that the separate wills of the Cunanan spouses should be probated jointly. RTC’s view that the Rules on allowance of wills is couched in singular terms and therefore should be interpreted to mean that there should be separate probate proceedings for the wills of the Cunanan spouses is too literal and simplistic an approach. Such view overlooks the provisions of Section 2, Rule 1 of the Revised Rules of Court, which advise that the rules shall be "liberally construed in order to promote their object and to assist the parties in obtaining just, speedy, and inexpensive determination of every action and proceeding."
Thus order is set aside and the Petitioner may present her evidence.
ANCHETA v. GUERSEY-‐DALAYGON
FACTS:
1) Spouses Audrey O’Neill (Audrey) and W. Richard Guersey (Richard) were American citizens who have resided in the Philippines for 30 years.
2) They have an adopted daughter, Kyle Guersey Hill (Kyle). 3) On July 29, 1979, Audrey died, leaving a will bequeathing her entire estate to Richard, who
was also designated as executor. 4) The will was admitted to probate before the Orphan’s Court of Baltimore, Maryland, U.S.A,
which named James N. Phillips as executor due to Richard’s renunciation of his appointment.2
5) The court also named Atty. Alonzo Q. Ancheta (petitioner) of the Quasha Asperilla Ancheta Pena & Nolasco Law Offices as ancillary administrator.3
6) In 1981, Richard married Candelaria Guersey-‐Dalaygon (respondent) with whom he has two children, namely, Kimberly and Kevin.
7) On October 12, 1982, Audrey’s will was also admitted to probate by the then CFI Rizal. 8) On July 20, 1984, Richard died, leaving a will, wherein he bequeathed his entire estate to
respondent, save for his rights and interests over the A/G Interiors, Inc. shares, which he left to Kyle.
9) The will was also admitted to probate by the Orphan’s Court of Ann Arundel, Maryland, U.S.A, and James N. Phillips was likewise appointed as executor, who in turn, designated Atty. William Quasha or any member of the Quasha Asperilla Ancheta Pena & Nolasco Law Offices, as ancillary administrator.
10) Richard’s will was then submitted for probate before the RTC of Makati. 11) On October 19, 1987, petitioner filed a motion to declare Richard and Kyle as heirs of
Audrey, and a project of partition of Audrey’s estate. 12) The motion and project of partition was granted and approved by the trial court. 13) Consequently, the Register of Deeds of Makati issued TCT in the names of the Estate of W.
Richard Guersey and Kyle.13 14) Meanwhile, the ancillary administrator in Special Proceeding No. M-‐888 also filed a project
of partition wherein 2/5 of Richard’s ¾ undivided interest in the Makati property was allocated to respondent, while 3/5 thereof were allocated to Richard’s three children.
15) This was opposed by respondent on the ground that under the law of the State of Maryland, "a legacy passes to the legatee the entire interest of the testator in the property subject of the legacy."14
16) The trial court found merit in respondent’s opposition, and disapproved the project of partition insofar as it affects the Makati property.
17) On October 20, 1993, respondent filed with the Court of Appeals (CA) an amended complaint.
18) Respondent contended that petitioner willfully breached his fiduciary duty when he disregarded the laws of the State of Maryland on the distribution of Audrey’s estate in accordance with her will.
19) Respondent argued that since Audrey devised her entire estate to Richard, then the Makati property should be wholly adjudicated to him.
20) On March 18, 1999, the CA rendered the assailed Decision annulling the trial court’s Orders.
21) Petitioner filed MR, but this was denied by the CA. 22) Hence, the herein petition for review on certiorari under Rule 45 of the Rules of Court.
ISSUE: Whether it is the national law of the decedent that is applicable in this case, hence, petitioner should have distributed Aubrey’s estate in accordance with the terms of her will
RULING: YES. Petitioner’s failure to proficiently manage the distribution of Audrey’s estate according to the terms of her will and as dictated by the applicable law amounted to extrinsic fraud. Hence the CA Decision annulling the RTC Orders dated February 12, 1988 and April 7, 1988, must be upheld.
It is undisputed that Audrey Guersey was an American citizen domiciled in Maryland, U.S.A. During the reprobate of her will in Special Proceeding No. 9625, it was shown, among others, that at the time of Audrey’s death, she was residing in the Philippines but is domiciled in Maryland, U.S.A.; her Last Will and Testament dated August 18, 1972 was executed and probated before the Orphan’s Court in Baltimore, Maryland, U.S.A., which was duly authenticated and certified by the Register of Wills of Baltimore City and attested by the Chief Judge of said court; the will was admitted by the Orphan’s Court of Baltimore City on September 7, 1979; and the will was authenticated by the Secretary of State of Maryland and the Vice Consul of the Philippine Embassy.
Being a foreign national, the intrinsic validity of Audrey’s will, especially with regard as to who are her heirs, is governed by her national law, i.e., the law of the State of Maryland, as provided in Article 16 of the Civil Code, to wit:
Art. 16. Real property as well as personal property is subject to the law of the country where it is situated.
However, intestate and testamentary succession, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (Emphasis supplied)
Article 1039 of the Civil Code further provides that "capacity to succeed is governed by the law of the nation of the decedent."
As a corollary rule, Section 4, Rule 77 of the Rules of Court on Allowance of Will Proved Outside the Philippines and Administration of Estate Thereunder, states:
SEC. 4. Estate, how administered.—When a will is thus allowed, the court shall grant letters testamentary, or letters of administration with the will annexed, and such letters testamentary or of administration, shall extend to all the estate of the testator in the Philippines. Such estate, after the payment of just debts and expenses of administration, shall be disposed of according to such will, so far as such will may operate upon it; and the residue, if any, shall be disposed of as is provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country. (Emphasis supplied)
While foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them;37 however, petitioner, as ancillary administrator of Audrey’s estate, was duty-‐bound to introduce in evidence the pertinent law of the State of Maryland.38
Petitioner admitted that he failed to introduce in evidence the law of the State of Maryland on Estates and Trusts, and merely relied on the presumption that such law is the same as the Philippine law on wills and succession. Thus, the trial court peremptorily applied Philippine laws and totally disregarded the terms of Audrey’s will. The obvious result was that there was no fair submission of the case before the trial court or a judicious appreciation of the evidence presented.
The record reveals, however, that no clear effort was made to prove the national law of Audrey O’Neill Guersey during the proceedings before the court a quo. While there is claim of good faith in distributing the subject estate in accordance with the Philippine laws, the defendant appears to put his actuations in a different light as indicated in a portion of his direct examination.
Well-‐intentioned though it may be, defendant Alonzo H. Ancheta’s action appears to have breached his duties and responsibilities as ancillary administrator of the subject estate. While such breach of duty admittedly cannot be considered extrinsic fraud under ordinary circumstances, the fiduciary nature of the said defendant’s position, as well as the resultant frustration of the decedent’s last will, combine to create a circumstance that is tantamount to extrinsic fraud. Defendant Alonzo H. Ancheta’s omission to prove the national laws of the decedent and to follow the latter’s last will, in sum, resulted in the procurement of the subject orders without a fair submission of the real issues involved in the case.41
The trial court in its Order dated December 6, 1991 in Special Proceeding No. M-‐888 noted the law of the State of Maryland on Estates and Trusts, as follows:
Under Section 1-‐301, Title 3, Sub-‐Title 3 of the Annotated Code of the Public General Laws of Maryland on Estates and Trusts, "all property of a decedent shall be subject to the estate of decedents law, and upon his death shall pass directly to the personal representative, who shall hold the legal title for administration and distribution," while Section 4-‐408 expressly provides that "unless a contrary intent is expressly indicated in the will, a legacy passes to the legatee the entire interest of the testator in the property which is the subject of the legacy". Section 7-‐101, Title 7, Sub-‐Title 1, on the other hand, declares that "a personal representative is a fiduciary" and as such he is "under the general duty to settle and distribute the estate of the decedent in accordance with the terms of the will and the estate of decedents law as expeditiously and with as little sacrifice of value as is reasonable under the circumstances".43
In addition, the other appellants, children of the testator, do not dispute the above-‐quoted provision of the laws of the State of Nevada. Under all the above circumstances, we are constrained to hold that the pertinent law of Nevada, especially Section 9905 of the Compiled Nevada Laws of 1925, can be taken judicial notice of by us, without proof of such law having been offered at the hearing of the project of partition.
In this case, given that the pertinent law of the State of Maryland has been brought to record before the CA, and the trial court in Special Proceeding No. M-‐888 appropriately took note of the same in disapproving the proposed project of partition of Richard’s estate, not to mention that petitioner or any other interested person for that matter, does not dispute the existence or validity of said law, then Audrey’s and Richard’s estate should be distributed according to their respective wills, and not according to the project of partition submitted by petitioner. Consequently, the entire Makati property belongs to respondent.
Testate Estate of Idonah Slade Perkins v. Benguet Consolidated FACTS:
Idonah Slade Perkins died in NYC on 27 March 1960. Her domiciliary administrator was the County Trust Company of NY. Her ancillary administrator was Renato Tayag. Renato Tayag requested that the domiciliary administrator surrender the
decedent's stock certificates in a Philippine corporation, Benguet Consolidated, to satisfy the legitimate claims of local creditors.
The TC then issued an order compelling the domiciliary administrator to comply.
Benguet Consolidated appealed therefrom to the SC, challenging the order compelling the domiciliary administrator to surrender the aforementioned stock certificates. ISSUE:
Whether or not the TC erred in ordering the domiciliary administrator to surrender the stock certificates in the corporation, Benguet Consolidated. HELD: NO.
The SC explained the scope of power afforded the ancillary administrator by referring to previous jurisprudence. Citing Justice Malcolm, the SC pointed out that where a person dies intestate owning property in the country of his domicile as well as in a foreign country, administration is had in both countries.
The administrator located in the decedent's last domicile is the PRINCIPAL ADMINISTRATOR.
The one located in the Philippines is the ANCILLARY ADMINISTRATOR.
This distinction is important because a grant of administration does not ex proprio vigore (i.e. “by its own force”) have any effect beyond the limits of the JD of the country in which it is granted.
Hence, a principal administrator cannot act beyond the confines of the decedent's last domicile; the ancillary administrator shall act in all matters concerning the property of the decedent's estate located in the Philippines.
In this case, appellant Benguet Consolidated is a domestic corporation. As such, the principal administrator (located in NY) must respect the ancillary administrator's right to the corporation's stock certificates, for the reason that the latter's scope of power covers the decedent's property located in the Philippines. Hence, the TC did not err in ordering the principal administrator to surrender the stock certificates in Benguet Consolidated.
In re: Testate Estate of the deceased JOSE B. SUNTAY. SILVINO SUNTAY, petitioner-‐appellant, vs. In re: Intestate Estate of the deceased JOSE B. SUNTAY, FEDERICO C. SUNTAY, administrator-‐appellee. G.R. Nos. L-‐3087 and L-‐3088 July 31, 1954 FACTS:
1. Jose Suntay, Filipino and resident of the Philippines, died in the city of Amoy Fookien, China leaving real and personal properties in the Philippines and Amoy Fookien China and children from first marriage with the late Manuela and a child Silvino by 2nd marriage.
2. Intestate proceedings were instituted, letters of administration were instituted in Bulacan and after hearing they were issued to Apolonio Suntay (child 1st marriage)
3. The surviving widow filed a petition in CFI Bulacan for the probate of the last will and testament claimed to have been executed and signed in the Philippines by the deceased.
a. This petition was denied because the loss of said will after the filing of the petition and before hearing and insufficiency of evidence to establish the loss.
4. This is an appeal from a decree of the Court of First Instance of Bulacan disallowing the alleged will and testament executed in Manila on November 1929, and the alleged last will and testament executed in Kulangsu, Amoy, China, on 4 January 1931, by Jose B. Suntay. The value of the estate left by the deceased is more than P50,000.
ISSUE: WoN the loss of the will was sufficiently established by evidence
HELD: NO
As to the alleged will and testament executed in Manila -‐
• The witnesses who testified to the provisions of the lost will are Go Toh, an attesting witness, Anastacio Teodoro and Ana Suntay.
o Go Toh testifies that he was one of the witnesses to the lost will consisting of twenty-‐three sheets signed by Jose B. Suntay at the bottom of the will and each and every page thereof in the presence of Alberto Barretto, Manuel Lopez and himself and underneath the testator's signature the attesting witnesses signed and each of them
signed the attestation clause and each and every page of the will in the presence of the testator and of the other witnesses;
! At any rate, all of Go Toh's testimony by deposition on the provisions of the alleged lost will is hearsay, because he came to know or he learned to them from information given him by Jose B. Suntay and from reading the translation of the draft (Exhibit B) into Chinese.
o Ana Suntay testifies that she saw her brother Apolonio Suntay read the document in her presence and of Manuel and learned of the adjudication made in the will by her father of his estate, On cross-‐examination, she testifies that she read the part of the will on adjudication to know what was the share of each heir
• The testimonies fall short of the legal requirement that the provisions of the lost will must be "clearly and distinctly proved by at least two credible witnesses." Credible witnesses mean competent witnesses and those who testify to facts from or upon hearsay are neither competent nor credible witnesses.
As to the will claimed to have been executed on 4 January 1931 in Amoy, China, the law on the point in Rule 78.
o The fact that the municipal district court of Amoy, China, is a probate court must be proved. The law of China on procedure in the probate or allowance of wills must also be proved. The legal requirements for the execution of a valid will in China in 1931 should also be established by competent evidence. There is no proof on these points.
o The unverified answers to the questions propounded by counsel for the appellant to the Consul General of the Republic of China are inadmissible, because apart from the fact that the office of Consul General does not qualify and make the person who holds it an expert on the Chinese law on procedure in probate matters, if the same be admitted, the adverse party would be deprived of his right to confront and cross-‐examine the witness.
o Moreover, it appears that all the proceedings had in the municipal district court of Amoy were for the purpose of taking the testimony of two attesting witnesses to the will and that the order of the municipal district court of Amoy does not purport to probate the will. In the absence of proof that the municipal district court of Amoy is a probate court and on the Chinese law of procedure in probate matters, it may be presumed that the proceedings in the matter of probating or allowing a will in the Chinese courts are the a deposition or to a perpetuation of testimony, and even if it were so it does not measure same as those provided for in our laws on the subject. It is a
proceedings in rem and for the validity of such proceedings personal notice or by publication or both to all interested parties must be made. The interested parties in the case were known to reside in the Philippines. The evidence shows that no such notice was received by the interested parties residing in the Philippines
o In view thereof, the will and the alleged probate thereof cannot be said to have been done in accordance with the accepted basic and fundamental concepts and principles followed in the probate and allowance of wills. Consequently, the authenticated transcript of proceedings held in the municipal district court of Amoy, China, cannot be deemed and accepted as proceedings leading to the probate or allowance of a will and, therefore, the will referred to therein cannot be allowed, filed and recorded by a competent court of this country.
Edgar Y. Teves, Petitioner, vs. The Commission on Elections and Herminio ���G. Teves, Respondents - WALA G.R. No. 180363 28 April 2009.
Republic of the Philippines vs. Ferdinand Marcos II and Imelda R. Marcos - WALA ���G.R. Nos. 130371 &130855 04 Aug. 2009
ROMAN OZAETA, ROSA GONZALES VDA. DE PALANCA, JUSTO G. PALANCA, LEONARDA PALANCA DE ARANAS, SEVERINA G. PALANCA, CARLOS PALANCA, JR., ANTONIO G. PALANCA, MACARIO G. PALANCA, MILAGROS PALANCA DE FURER, and RAMON G. PALANCA, petitioners, vs. HONORABLE POTENCIANO PECSON, Judge of First Instance of Manila, and BANK OF THE PHILIPPINE ISLANDS, respondents
Facts:
• Carlos Palanca died on September 2, 1950; leaving a will executed by him o petitioner Roman Ozaeta, former associate justice of this Court, was
named executor if General Manuel A. Roxas fails to qualify o General Roxas having died previously, petitioner presented a petition
for the probate of the will, at the same time praying that he be appointed special administrator
• Some of the heirs of the decedent opposed this petition o the court appointed the Philippine Trust Company, a non-‐applicant and
a stranger to the proceedings, special administrator • Philippine Trust Company presented a petition to resign as special administrator
on the ground of incompatibility of interest, as it had granted a loan to heir Angel Palanca, who had pledged to it shares of the Far Eastern University allegedly belonging to the estate of the deceased
o the court appointed Sebastian Palanca, one of the heirs, to take the place of the Philippine Trust Company
• But on October 23rd, the court rendered an order admitting the will to probate and appointing petitioner as administrator
• And on October 25, 1951, the court allowed the Philippine Trust Company to resign, reconsidered its order appointing Sebastian Palanca special administrator, and appointed instead the Bank of the Philippine Islands
o Petitioner moved to reconsider the order, but his motion was denied
Issue: W/N the court has discretion to choose the special administrator and is not bound to appoint the person named therein as executor, because the order had been appealed
Held:
The writ prayed for is, therefore, granted, the appealed order reversed, and the temporary injunction issued by the court made absolute. Let temporary letters of administration be
issued in favor of petitioner during the pendency of the appeal from the order admitting the will to probate
Ratio:
It should be noted at the outset that Rule 81 of the Rules of Court, under the provisions of which the order appealed from was made, grants discretion to the probate court to appoint or not to appoint a special administrator. It is silent as to the person that may be appointed as special administrator, unlike section 6 of Rule 79, which expressly gives the order of preference of the persons that may be appointed regular administrator.
We have held in the case of Roxas vs. Pecson, however, that the appointment of special administrators is not governed by the rules regarding the appointment of regular administrators. But we further held, however, that while the choice of the person lies within the court's discretion, such discretion should not be a whimsical one, but one that is reasonable and logical and in accord with fundamental legal principles and justice. The fact that a judge is granted discretion does not authorize him to become partial, or to make his personal likes and dislikes prevail over, or his passions to rule, his judgment. Such discretion must be based on reason and legal principle, and it must be exercised within the limits thereof.
Under these circumstances, it would seem unreasonable to refuse to appoint the petitioner as special administrator. To do so would be delaying the fulfillment of the wishes of the testator and subjecting the estate to unnecessary expense
The case of In re Erlanger's Estate, 242 N.Y.S. 249, also reiterates the same principle. The courts have always respected the right to which a testator enjoys to determine who is most suitable to settle his testamentary affairs, and his solemn selection should not lightly be disregarded. After the admission of a will to probate, the courts will not name a better executor for the testator nor disqualify, by a judicial veto, the widow or friend or other person selected in the will, except upon strict proof of the statutory grounds of incompetency
Cynthia Nittscher, Petitioner vs. Dr. Werner Karl Johann Nittscher (deceased), Atty. Rogelio P. Nogales and the RTC of Makati (Branch 59), Respondents
Facts:
-‐ On January 31, 1990, Dr. Werner Karl Johann Nittscher filed with the RTC of Makati City a petition for the probate of his holographic will and for the issuance of letters testamentary to herein respondent Atty. Rogelio P. Nogales
-‐ On September 19, 1991, the probate court allowed the probate of the will
-‐ On September 26, 1994, Dr. Nittscher died. Hence, Atty. Nogales filed a petition for letters testamentary for the administration of the estate of the deceased
-‐ However, herein Petitioner moved for the dismissal of the petition. This was denied by the court and thus, granted Respondent’s petition for issuance of letters testamentary
-‐ MR was denied for lack of merit -‐ Petitioner appealed to the CA arguing that the RTC had no jurisdiction.
The appeal was dismissed. MR of the dismissal of the appeal was likewise denied
-‐ Hence the present motion o Petitioner contends that respondent’s petition for the issuance of
letters testamentary lacked a certification against forum-‐shopping
o Further argues that the RTC had no jurisdiction because the deceased was not a resident of the Philippines nor did he leave real properties in the country
o Lastly, she argues that the properties listed for disposition belong to her and she was denied due process
Issue/Held:
-‐ W/N the letters testamentary was validly issued / YES
Ratio:
-‐ 1st argument:
o The petition for the issuance of letters testamentary is not an initiatory pleading, but a mere continuation of the original petition for the probate of Dr. Nittscher’s will. Hence, respondent’s failure to include a certification against forum-‐shopping in his petition for the issuance of letters testamentary is not a ground for outright dismissal of the said petition
-‐ 2nd argument: o SECTION 1. Where estate of deceased persons settled. – If the
decedent is an inhabitant of the Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance (now Regional Trial Court) in the province in which he resides at the time of his death, and if he is an inhabitant of a foreign country, the Court of First Instance (now Regional Trial Court) of any province in which he had estate. … (Emphasis supplied.)
o In this case, the RTC and the Court of Appeals are one in their finding that Dr. Nittscher was a resident of Las Piñas, Metro Manila at the time of his death
o Hence, applying the aforequoted rule, Dr. Nittscher correctly filed in the RTC of Makati City, which then covered Las Piñas, Metro Manila, the petition for the probate of his will and for the issuance of letters testamentary to respondent
-‐ 3rd and 4th argument: o We note that the deceased asked for the allowance of his own
will. ! SEC. 4. Heirs, devisees, legatees, and executors to be
notified by mail or personally. – ... If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs
o In this case, records show that petitioner, with whom Dr. Nittscher had no child, and Dr. Nittscher’s children from his previous marriage were all duly notified, by registered mail, of the probate proceedings
o Petitioner even appeared in court to oppose respondent’s petition for the issuance of letters testamentary and she also filed a motion to dismiss the said petition
o We are convinced petitioner was accorded every opportunity to defend her cause. Therefore, petitioner’s allegation that she was denied due process in the probate proceedings is without basis
-‐ As a final word, petitioner should realize that the allowance of her husband’s will is conclusive only as to its due execution. Thus, petitioner’s claim of title to the properties forming part of her husband’s estate should be settled in an ordinary action before the regular courts
-‐ Petition is DENIED
Testate Estate of the late Gregorio Ventura v. Ventura (1988)
Case Doctrine: In case a named executrix and/or administratix is found to be incompetent, then the surviving husband or wife, as the case may be should be the new administrator OR the nearest of kin OR both.
Facts:
This is an appeal from the order of the Court of First Instance of Nueva Ecija, Guimba, Branch V in Special Proceedings No. 812, Testate of the late Gregorio Venture, dated October 5, 1965, removing the appellant Maria Ventura as executrix and administratrix of the estate of the late Gregorio Ventura, and in her place appointing the appellees Mercedes Ventura and Gregoria Ventura as joint administratrices of the estate.
The paternity of Maria and Miguel were denied by Gregorio in his will.
In 1953, Gregorio filed a petition for the probate of his will, which did not include Maria and Miguel. In the will, Maria was named and appointed by Gregorio (testator) to be the executrix of his will and administratix of his estate. Gregorio’s will was admitted probate on January 14, 1954, and he died on September 26, 1955. Maria then filed a motion for her appointment as executrix and for the issuance of letters
COMMON LAW or 2nd MARRIAGE
Gregorio Ventura † + Juana Cardona
Maria Ventura (appellant, "illegit child")
Miguel Ventura (illegit child)
1ST MARRIAGE Gregorio Ventura †
+ Paulina Simpliciano
Mercedes (appellee, legit
child)
Gregoria (appelle, legit
child)
testamentary in her favor. She was then appointed, and the letters testamentary were issued in her favor.
Maria then submitted an inventory of Gregorio’s estate, she filed her accounts of administration from 1955-‐1960. The accounts were oppsed by Mercedes and Gregoria (legitimate children). They assailed the veracity of the report, as it is not the true income of the estate, and such expenses are not administration expenses.
But on January 25, 1961, Maria Ventura filed a motion to hold in abeyance the approval of the accounts of administration or to have their approval without the opposition of the spouses Mercedes Ventura and Pedro Corpuz and Gregoria Ventura and Exequiel Victorio on the ground that the question of the paternity of Mercedes Ventura and Gregoria Ventura is still pending final determination before the Supreme Court and that should they be adjudged the adulterous children of testator, as claimed, they are not entitled to inherit nor to oppose the approval of the counts of administration.
Mercedes filed an opposition, stating that their legitimacy as children of Gregorio has already been declared by court, as such, they have the right to protect their interests. It appears that on July 12, 1963, the Court set the case for pre-‐trial on August 7, 1963 in connection with the accounts of the executrix Maria Ventura dated June 17, 1960 and the Motion to Annul Provision of Will dated July 14,1962 of Mercedes Ventura .
On October 22, 1963, four motions were filed by Mercedes Ventura and Gregoria Ventura, namely: (1) motion to remove the executrix Maria Ventura which was supplemented on April 27, 1965; (2) motion to require her to deposit the harvest of palay of the property under administration in a bonded warehouse; (3) motion to render an accounting of the proceeds and expenses of Administration; and (4) motion to require her to include in the inventory of the estate certain excluded properties. An opposition to said motions was filed by the heirs Juana Cardona and Miguel Ventura and by the executrix Maria Ventura herself.
The grounds of aforesaid joint motions to remove the executrix Maria Ventura are: (1) that she is grossly incompetent; (2) that she has maliciously and purposely concealed certain properties of the estate in the inventory; (3) that she is merely an illegitimate daughter who can have no harmonious relations with the appellees; (4) that the executrix has neglected to render her accounts and failed to comply with the Order of the Court of December 12, 1963, requiring her to file her accounts of administration for the years 1961 to 1963 and the Order of June 11, 1964, reiterating aforesaid Order of December 12, 1963; and (5) that she is with permanent physical defect hindering her from efficiently performing her duties as an executrix.
In 1965, Maria submitted her accounts of administration from 1961-‐1965 which were again opposed by Gregoria and Mercedes (together with their husbands). On June 2, 1965, the executrix filed her supplemental opposition to the aforesaid four motions, and prayed that the joint supplemental motion to remove the executrix be denied or held in abeyance until after the status of Mercedes and Gregoria Ventura as heirs of the testator is finally decided. On June 3, 1965, the Court, finding that the estate taxes have not been paid, ordered the administratrix to pay the same within thirty (30) days.
On September 13, 1965, the lower court denied the suspension of the proceedings and deferred the resolution of the joint motion to remove executrix Maria Ventura until after the examination of the physical fitness of said executrix to undertake her duties as such. Also, it ordered the deposit of all palay to be harvested in the next agricultural year and subsequent years to be deposited in a bonded warehouse to be selected by the Court and the palay so deposited shall not be withdrawn without the express permission of the Court. Gregoria then AGAIN opposed the accounts of administration, Mercedes too! Because they claim that expenses are fake, exhorbitant and speculative.
The court then decided that Maria has squandered the funds of the estate, was inefficient and incompetent and was thus removed as
executrix and administratix of the estate. Mercedes and Gregoria were made joint administrators.
BASIC ISSUE: Whether or not removing Maria as executrix and administratix is legally justified? (I just put all related issued below, just in case Sir asks) – funny thing is, the case doesn’t answer this question directly, it just stated codal provisions to qualify the assignment of a new administratrix.
ISSUES:
1. The lower court erred in removing Maria as executrix and administratix without giving her full opportunity to be heard
2. The lower court erred in finding that the executrix Maria Ventura had squandered and dissipated the funds of the estate under her administration.
3. The lower court erred in finding that the executrix Maria Ventura was inefficient and incompetent.
4. That, considering the circumtances surrounding the case, the lower court erred in finding that the failure of Maria Ventura to submit her periodical account had justified her removal as executrix.
5. The lower court erred in considering as an established fact that the appellees Mercedes Ventura and Gregoria Ventura are the legitimate daughters of the deceased Gregorio Ventura.
6. The lower court erred in appointing (even without a proper petition for appointment and much less a hearing on the appointment of) the appellees Mercedes Ventura and Gregoria Ventura who have an adverse interest as joint administratrices of the estate of the deceased Gregorio Ventura.
HELD: YES, it is legally justified.
Basically, both sets of children are claiming that the other are illegitimate, so there was another case pending with respect to Gregoria and Mercedes’ legitimacy. Then, there was also another case, also involving Gregoria and Mercedes, brought by their cousins, saying that they are the illegitimate children of Gregorio and Paulina, and that Gregoria and Mercedes were actually children of another man, Teodoro
Ventura. The court settled this issue and declared Mercedes and Gregoria as the legitimate children of Gregorio and Paulina.1
Under Article 854 of the Civil Code, "the pretention or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious," and as a result, intestacy follows, thereby rendering the previous appointment of Maria Ventura as executrix moot and academic. This would now necessitate the appointment of another administrator, under the following provision:
Section 6, Rule 78 of the Rules of Court:
When and to whom letters of administration granted.-‐If no executor is named in the will, or the executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, a petition shall be granted:
(a) To the surviving husband or wife, as the case may be or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or
1 WHEREFORE, judgment is hereby rendered declaring Mercedes Ventura and Gregoria Ventura to be the ligitimate daughters of Paulina Simpliciano and Gregorio Ventura; declaring that as such ligitimate daughters of Paulina Simpliciano they are entitled to 1/2 of the properties described in paragraph six of the complaint; ordering the defendant Maria Ventura, as administratrix of the estate of Gregorio Ventura to pay to Mercedes Ventura and Gregorio Ventura the amount of P 19,074.09 which shall be divided equally between Mercedes and Gregoria Ventura declaring Mercedes Ventura and Pedro Corpuz are the exclusive owners of the property describe in the certificate of Title Nos. T-‐1102, 212, T-‐1213, T-‐1214, Exhibits 32, 33, 34 and 35, respectively; ordering Mercedes Ventura and Pedro D. Corpuz to pay to the conjugal partnership of Gregorio Ventura and Paulina Simpliciano the sum of P100,000.00, one-‐half of which shall pertain to the estate of Gregorio Ventura and the other half to the estate of Paulina Simpliciano to whom Mercedes and Gregoria Ventura have succeeded, to be divided between Mercedes and Gregoria in equal parts; and dismissing Civil Case No. 1476. The parties are urged to arrive at an amicable partition of the properties herein adjudicated within twenty days from receipt of this decision. Upon their failure to do so, the Court shall appoint commissioners to divide the properties in accordance with the terms of the decision. Without pronouncements as to costs.
both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve;"
xxx xxx xxx
In the case at bar, the surviving spouse of the deceased Gregorio Ventura is Juana Cardona while the next of kin are: Mercedes and Gregoria Ventura and Maria and Miguel Ventura. The "next of kin" has been defined as those persons who are entitled under the statute of distribution to the decedent's property. It is generally said that "the nearest of kin, whose interest in the estate is more preponderant, is preferred in the choice of administrator. 'Among members of a class the strongest ground for preference is the amount or preponderance of interest. As between next of kin, the nearest of kin is to be preferred."
As decided by the lower court and sustained by the Supreme Court, Mercedes and Gregoria Ventura are the legitimate children of Gregorio Ventura and his wife, the late Paulina Simpliciano. Therefore, as the nearest of kin of Gregorio Ventura they are entitled to preference over the illegitimate children of Gregorio Ventura, namely: Maria and Miguel Ventura. Hence, under the aforestated preference provided in Section 6 of Rule 78, the person or persons to be appointed administrator are Juana Cardona, as the surviving spouse, or Mercedes and Gregoria Ventura as nearest of kin, or Juana Cardona and Mercedes and Gregoria Ventura in the discretion of the Court, in order to represent both interests.
MELENCIO-‐HERRERA, J., Disenting:
Consistent with my "concurrence in the result" in Acain vs. IAC, et als., G.r. No. 72706, October 27, 1987, preterition results in total intestacy if it was mistakenly made or through inadvertence. In this case there was no mistake nor oversight whatsoever. The testator himself sought the probate of his Will during his lifetime wherein he not only excluded his "forced heirs" but even denied paternity.
Under the circumstances, the omission being obviously intentional, the effect is a defective disinheritance covered by Article 918 of the Civil Code under which the institution of heir is not wholly void but only in so far as it prejudices the ligitimes of the persons disinherited. The nullity is partial unlike in true preterition where the nullity is total.
This conclusion further finds support in the prevailing spirit in the codal provisions, which is to make the intention of the testator prevail.
NILDA GABRIEL, EVA GABRIEL, EDGAR GABRIEL, GEORGE GABRIEL, ROSEMARIE GABRIEL, MARIBEL GABRIEL, CYNTHIA GABRIEL, RENATO GABRIEL, GERARDO GABRIEL, JOJI ZORAYDA GABRIEL, DANIEL GABRIEL and FELICITAS JOSE-GABRIEL, petitioners, vs. HON COURT OF APPEALS, HON. MANUEL E. YUZON, Judge, Regional Trial Court of Manila, Branch XI, and ROBERTO DINDO GABRIEL, respondents. G.R. No. 101512 August 7, 1992 FACTS
• Respondent, Roberto Dindo Gabriel, filed with the RTC a petition for letters of administration alleging, among others, that he is the son of the decedent, a college graduate, engaged in business, and is fully capable of administering the estate of the decedent
• respondent mentioned eight (8) of herein petitioners as the other next of kin and heirs of the decedent.
• the probate court issued an order respondent as administrator
• petitioners filed their opposition praying for the recall of the letters of administration issued to respondent and the issuance of such letters instead to petitioner Nilda Gabriel, as the legitimate daughter of the deceased alleging that the latter should be preferred over private respondent
• the probate court denied the opposition of petitioners on the ground that (1) there was no evidence submitted by oppositor Nilda Gabriel to prove that she is a legitimate daughter of the deceased; and (2) there is no proof to show that respondent is unworthy, incapacitated or unsuitable to perform the trust as to make his appointment inadvisable under these circumstances
• on appeal, the Court of Appeals dismissed the petition for certiorari on the ground that the appointment of an administrator is left entirely to the sound discretion of the trial court which may not be interfered with unless abused
• petitioners contended that under Section 6, Rule 78 of the Rules of Court, it is the surviving spouse who is first in the order of preference for the appointment of an administrator and it is petitioner Felicitas Jose-Gabriel, the widow and legal surviving spouse of the deceased Domingo Gabriel who should be preferred over private respondent who is one of the illegitimate children of the decedent by claimant
• they also claim that assuming that the widow is incompetent, the next of kin must be appointed. As between a legitimate and an illegitimate child, the former is preferred, hence petitioner Nilda Gabriel, as the legitimate daughter, must be preferred over private respondent who is an illegitimate son
• respondent, however, argues that Felicitas Jose-Gabriel may no longer be appointed administratrix by reason of her failure to apply for letters of administration within thirty (30) days from the death of her husband, as required under the rules
ISSUE: Who should be appointed administrator of the estate of the decedent
HELD:
• we deem it just, equitable and advisable that there be a co-administration of the estate of the deceased by petitioner Felicitas Jose-Gabriel and private respondent Roberto Dindo Gabrie
→ the purpose of having co-administrators is to have the benefit of their judgment and perhaps at all times to have different interests represented, especially considering that in this proceeding they will respectively represent the legitimate and illegitimate groups of heirs to the estate.
• we feel that we should not nullify the appointment of private respondent as administrator.
→ The determination of a person's suitability for the office of judicial administrator rests, to a great extent, in the sound judgment of the court exercising the power of appointment and said judgment is not to be interfered with on appeal unless the said court is clearly in error
→ In the instant case, a mere importunity by some of the heirs of the deceased is not adequate ratiocination for the removal of private respondent. Removal of an administrator does not lie on the whims, caprices and dictates of the heirs or beneficiaries of the estate. In addition, the court may also exercise its discretion in appointing an administrator where those who are entitled to letters fail to apply therefor within a given time. 21
• on the other hand, petitioner Felicitas Jose-Gabriel, the widow of the deceased Domingo Gabriel, has every right and is very much entitled to the administration of the estate of her husband since one who has greater interest in the estate is preferred to another who has less.
→ Section 6, Rule 78 of the Rules of Court prescribes the order of preference in the issuance of letters of administration, categorically seeks out the surviving spouse, the next of kin and the creditors, and requires that sequence to be observed in appointing an administrator
→ The underlying assumption behind this rule is that those who will reap the benefit of a wise, speedy and economical administration of the estate, or, on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly
→ Failure of petitioner to failure to apply for letters of administration within thirty (30) days from the death of her husband is not sufficient to exclude the widow from the administration of the estate of her husband. There must be a very strong case to justify the exclusion of the widow from the administration and there is none in the instant case.
In the Matter of the Intestate Estate of Cristina Aguinaldo-Suntay; Emilio ���A.M. Suntay III, Petitioner, vs. Isabel Cojuangco-Suntay, Respondent - WALA G.R. No. 183053 16 June 2010.
ISABEL V. SAGUINSIN vs.DIONISIO LINDAYAG
Facts:
- Maria V. Lindayag died intestate in Olongapo, Zambales. Her sister Isabel V. Saguinsin filed with the CFI a petition for the issuance in her favor of letters of administration over the estate of said deceased.
- Dionisio V. Lindayag, the surviving spouse, in his behalf and in representation of the legally adopted minors Jesus, Concepcion, and Catherine, all surnamed Lindayag, filed a motion to dismiss the petition on the ground lack of interest in the estate, claiming Maria was neither heir nor a creditor of the deceased. In opposing the motion to dismiss Maria the petitioner argued that only the facts alleged in the petition should be considered in determining its sufficiency.
- After due hearing on the motion, the CFI issued the order of dismissal based on the fact that the herein petitioner is obviously not an heir and has no interest in estate; and that the surviving heirs oppose the instant petition on the ground that they want to settle the estate extra-judicially among them to avoid unnecessary expenses in prosecuting this case, the Court finds the Dionisio opposition to be well taken. Petitioner submitted a motion for reconsideration but was denied thus appealed it to the SC.
Issue:
Whether or not the petitioner is "an interested person" in the estate of deceased Maria V. Lindayag.
Held:
According to Section 2, Rule 80 of the Rules of Court, a petition for letters of administration must be filed an "interested person". An interested party has defined in this connection as one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a credito. And it is well settled in this jurisdiction that in civil actions as well as special proceedings, the interest required in order that a person may be a party thereto must be material and direct, and not merely indirect or contingent.
Petitioner's interest in the estate of the deceased Maria V. Lindayag was disputed, through a motion to dismiss her petition, by the surviving spouse on the ground that said deceased was survived by him and by three legally adopted children — thus excluding petitioner as an heir. In the course of the hearing held in connection with said motion, evidence was introduced in support thereof which, according to the lower court, established that said deceased was survived not only by her husband but by three legally adopted children.
Upon these facts — which petitioner does not dispute — it is manifest that she is not an heir of her deceased sister and, therefore, has no material and direct interest in her estate.
Petitioner's view that when a motion to dismiss a complaint or a petition is filed, only the facts alleged in the complaint or petition may be taken into account is not entirely correct. To the contrary, the rule is that at said hearing said motion may be proved or disproved in accordance with the rules of evidence, and it has been held that for that purpose, the hearing should be conducted as an ordinary hearing; and that the parties should be allowed to present evidence, except when the motion is based on the failure of the complaint or of the petition to state a cause of action. In the present case, the motion to dismiss the petition was grounded on petitioner's lack of legal capacity to institute the proceedings which, as already stated heretofore, was fully substantiated by the evidence presented during the hearing. Thus CFI is affirmed.
PILIPINAS SHELL PETROLEUM CORPORATION vs. FIDEL P. DUMLAO
Facts:
- Ricardo M. Gonzalez, District Manager of Shell Philippines, Inc. for Mindanao, filed a Petition for Letters of Administration in the Matter of the Intestate Estate of the Regino Canonoy with the CFI now RTC of Agusan del Norte and Butuan City, praying therein that he be appointed judicial administrator of the estate. Judge Vicente B. Echavez, Jr. issued an Order requiring that all requirements be done at cost of the petitioner in order for the petitioner to become the administrator.
- Respondents, who are heirs of Regino Canonoy, opposed such alleging that: Gonzalez is neither heir nor creditor of the estate; that his residence which is in Davao would make him an inefficient administrator being that the properties are in Butaan and he as an employee of Shell Philippines, an alleged creditor of the estate, would make him unable to properly and effectively protect the interest of the estate in case of conflicts. They, further propose that Bonifacio Canonoy, one of Regino's sons, who enjoys preference in appointment pursuant to Section 6, Rule 78 of the Rules of Court, be appointed administrator of the said intestate estate and be issued the corresponding letters of administration.
- The trial court (TC) appointed Bonifacio Canonoy as administrator of the intestate estate of Regino Canonoy. None of the parties moved to reconsider this order or appealed such. Petitioner Shell, filed its claim against the estate to which Bonifacio Canonoy as administrator, filed a Motion to Dismiss the claim of Shell. Shell interposes compulsory counterclaims for the estate in the amount of P659,423.49 representing rentals for land occupied by the Shell Service Station, lighting allowances, allowances for salaries and wages of service attendants,
sales commission due the deceased Regino Canonoy and reasonable attorney's fees. Petitioner filed an answer to the Counterclaim.
- Upon joinder of the issues on Shell's claim, the trial court, this time presided over by respondent Judge Fidel P. Dumlao, set the pre-trial. At the pre-trial, counsel for the administrator requested for time to file a Motion to Dismiss the case. In an Order issued on that date, the court granted him ten (10) days to file the motion; opposing counsel was likewise given ten (10) days from receipt of the same to file whatever pleading he may deem proper to file, after which the motion shall be deemed submitted for resolution.
- The motion was filed alleging that the court did not acquire jurisdiction over the subject matter and nature thereof because the petitioner here, Mr. Gonzalez, is not the "interested person" contemplated by Section 2, Rule 79 of the Rules of Court; To which Shell filed its Opposition to the Motion on the ground that the trial court had acquired jurisdiction over the case to issue letters of administration as the interest of Gonzalez in the estate is not a jurisdictional fact that needs to be alleged in the petition. If at all, Gonzalez' lack of interest in the estate of the deceased only affected his competence to be appointed administrator.
- RTC dismissed the case and denied the motion for reconsideration.
- Shell filed the instant petition which it denominated as a petition for review on certiorari under Rule 45 of the Rules of Court.
- CA reversed citing that the trial court clearly acted with grave abuse of discretion when it dismissed the case after having set for pre-trial petitioner's amended claim against the estate. That said dismissal was predicated solely on the ground that petitioner therein, Ricardo Gonzalez, is not an "interested person," and that, since such interest is a jurisdictional requirement, thus the TC acquired no jurisdiction over the case is absolutely wrong.
Issues:
1) Whether or not the jurisdictional facts that need to be stated in a petition for letters of administration under Section 2(a), Rule 79 of the Rules of Court include the specific assertion that the petitioner therein is an "interested person," ; and
2) Whether or not the administration court may properly and validly dismiss a petition for letters of administration filed by one who is not an "interested person" after having appointed an heir of the decedent as administrator of the latter's intestate estate and set for pre-trial a claim against the said estate
Held:
In answering the first issue, Section 2, Rule 79 of the Rules of Court provides:
Sec. 2. Contents of petition of letters of administration. — A petition for letters of administration must be filed by an interested person and must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent;
(c) The probable value and character of the property of the estate;
(d) The name of the person for whom letters of administration are prayed. But no defect in the petition shall render void the issuance of letters of administration.
In Saguinsin vs. Lindayag, where the dismissal of a petition for letters of administration was affirmed because the petitioner is not an heir of her deceased sister and, therefore, has no material and direct interest in her estate. In the said case, this Court defined an interested party as one who would be benefited by the estate, such as an heir, or one who has a claim against the estate, such as a creditor; this interest must be material and direct, not merely indirect or contingent. The Saguinsin doctrine is not, however, without exception. An objection to a petition for letters of administration on that ground may be barred by waiver or estoppel.
Private respondents herein did not file a motion to dismiss the petition filed by Gonzalez on the ground of lack of capacity to sue; they instead filed an Opposition which, unfortunately, did not ask for the dismissal of the petition but merely opposed the issuance of letters of administration in favor of Gonzalez because, among other reasons, he is a stranger to the estate. The Opposition also proposed that Bonifacio Canonoy, one of the children of the deceased Regino Canonoy, be appointed administrator of the latter's intestate estate. The failure to move for a dismissal amounted to a waiver of the above-mentioned ground. Section 8, Rule 15 of the Rules of Court provides that:
“A motion attacking a pleading or a proceeding shall include all objections then available, and all objections not so included shall be deemed waived.”
However, if a motion to dismiss is not filed, as what obtains in this case, any of the grounds available for such a motion, except for improper venue, may be pleaded as an affirmative defense, and a preliminary hearing thereon may be had as if a motion to dismiss had been filed. Excepted from the above rules are the following grounds: (1) failure to state a cause of action which may be alleged in a later pleading if one is permitted, or by a motion for judgment on the pleadings, or at the trial on the merits; and (2) lack of jurisdiction over the subject matter of the action, subject to the exception as seen in Insurance Company of North America vs. C.F. Sharp & Co., Inc., wherein this Court ruled:
“Finally, appellant would contend that plaintiff has no capacity to sue and is not the real party in interest. It is now too late to raise these objections here. These should have been asserted in the motion to dismiss filed by defendant below. Not having been included therein, they are now barred by the rule on omnibus motion.”
Thus, by proposing that Bonifacio Canonoy be appointed as administrator instead of Mr. Gonzalez, private respondents have in fact approved or ratified the filing of the petition by the latter.
On the 2nd issue, there can be no dispute that the TC had acquired jurisdiction over case immediately after its filing, the trial court complied with Section 3, Rule 79 of the Rules of Court by issuing the Order dated 27 January 1973. At the initial hearing, petitioner Gonzalez
established the jurisdictional requirements by submitting in evidence proof of publication and service of notices of the petition. Thereafter, it heard the evidence on the qualifications and competence of Bonifacio Canonoy, then appointed him as the administrator and finally directed that letters of administration be issued to him, and that he takes his oath of office after putting up a surety or property bond in the amount of P5,000.00.
It is be presumed that Bonifacio Canonoy immediately qualified as administrator because in that capacity, he filed a motion to dismiss petitioner's claim against the estate, 33 a Reply to the Opposition to the motion to dismiss 34 and an Answer to the petitioner's amended claim against the estate wherein he interposed a counterclaim.
Clearly, therefore, not only had the administrator and the rest of the private respondents voluntarily submitted to the jurisdiction of the trial court, they even expressly affirmed and invoked such jurisdiction in praying for reliefs and remedies in their favor, namely: (a) denial of Gonzalez' prayer to be appointed as administrator, (b) appointment of Bonifacio Canonoy as administrator, (c) denial of petitioner Shell's amended claim against the estate, and (d) the granting of the counterclaim. Hence, they cannot now be heard to question the jurisdiction of the trial court. While it may be true that jurisdiction may be raised at any stage of the proceedings, a party who has affirmed and invoked it in a particular matter to secure an affirmative relief cannot be allowed to afterwards deny that same jurisdiction to escape penalty.
WHEREFORE, the instant petition is hereby GRANTED and the Order of the RTC is set aside Costs against private respondents.
VDA. DE CHUA v. CA
FACTS:
1) During his lifetime, Roberto Lim Chua lived out of wedlock with private respondent Florita A. Vallejo from 1970 up to 1981.
2) Out of this union, the couple begot two illegitimate children, namely, Roberto Rafson Alonzo and Rudyard Pride Alonzo.
3) On 28 May 1992, Roberto Chua died intestate in Davao City. 4) On 2 July 1992, private respondent filed with the RTC a PETITION FOR DECLARATION OF
HEIRSHIP, GUARDIANSHIP OVERTHE PERSONS AND PROPERTIES OF MINORS ROBERT RAFSON ALONZO SP. PROC. NO/ 331 and RUDYARD PRIDE ALONZO, and ISSUANCE OF LETTERS OF ADMINISTRATION.
5) The trial court issued an order setting the hearing of the petition and directed that notice thereof be published in a newspaper of general circulation in the province of Maguindanao and Cotabato City and or Davao City.
6) On 21 July 1992, herein petitioner Antonietta Garcia Vda. de Chua, representing to be the surviving spouse of Roberto Chua, filed a Motion to Dismiss 2 on the ground of improper venue.
7) Petitioner alleged that at the time of the decedent's death Davao City was his residence, hence, the RTC of Davao City is the proper forum.
8) On 6 August 1992, private respondent Vallejo filed a Motion for Admission of an Amended Petition.
9) On 21 August 1992, the trial court issued an Order 7 denying the motion to dismiss for lack of merit.
10) The court ruled that Antonietta Garcia had no personality to file the motion to dismiss not having proven her status as wife of the decedent.
11) Further, the court found that the actual residence of the deceased was Cotabato City, and even assuming that there was concurrent venue among the Regional Trial Courts where the decedent had resided, the R.T.C. of Cotabato had already taken cognizance of the settlement of the decedent's estate to the exclusion of all others.
12) Thereafter, petitioner filed a Motion dated 25 October 1993 10 praying that the letters of administration issued to Vallejo be recalled and that new letters of administration be issued to her.
13) She, likewise, filed a Motion dated 5 November 1993 11 to declare the proceedings a mistrial.
14) Both motions were denied by the trial court in its Order dated 22 November 1993. 15) Petitioner's MR was likewise denied, hence this petition.
ISSUE: WHETHER THERE IS A NEED TO PUBLISH THE AMENDED PETITION FOR ADMINISTRATION OF THE INTESTATE ESTATE IN THIS CASE
RULING: NO. The SC held that the jurisdictional facts required in a petition for issuance of letters of administration are: (1) the death of the testator; (2) residence at the time of death in the province where the probate court is located; and (3) if the decedent was a non-‐resident, the fact of being a resident of a foreign country and that the decedent has left an estate in the province where the court is sitting. 19
While paragraph 4 of the original petition stating:
(4) That Roberto Lim Chua, father of the above mentioned minors, died intestate on May 28, 1992 in Davao City.
failed to indicate the residence of the deceased at the time of his death, the omission was cured by the amended petitions wherein the same paragraph now reads:
(4) That Roberto Lim Chua, father of the abovementioned minors is a resident of Cotabato City and died intestate on May 28, 1992 at Davao City.
All told the original petition alleged substantially all the facts required to be stated in the petition for letters of administration. Consequently, there was no need to publish the amended petition as petitioner would insist in her one of the assignment of errors.
Be that as it may, petitioner has no legal standing to file the motion to dismiss as she is not related to the deceased, nor does she have any interest in his estate as creditor or otherwise.
Only an interested person may oppose the petition for issuance of letters of administration. An interested person is one who would be benefited by the estate such as an heir, or one who has a claim against the estate, such as a creditor; his interest is material and direct, and not one that is only indirect or contingent. 21
Petitioner was not able to prove her status as the surviving wife of the decedent. The best proof of marriage between man and wife is a marriage contract which Antonietta Chua failed to produce. The lower court correctly disregarded the photostat copy of the marriage certificate which she presented, this being a violation of the best evidence rule, together with other worthless pieces of evidence.
G.R. No. 101512 August 7, 1992
NILDA GABRIEL, EVA GABRIEL, EDGAR GABRIEL, GEORGE GABRIEL, ROSEMARIE GABRIEL, MARIBEL GABRIEL, CYNTHIA GABRIEL, RENATO GABRIEL, GERARDO GABRIEL, JOJI ZORAYDA GABRIEL, DANIEL GABRIEL and FELICITAS JOSE-GABRIEL, petitioners, vs. HON COURT OF APPEALS, HON. MANUEL E. YUZON, Judge, Regional Trial Court of Manila, Branch XI, and ROBERTO DINDO GABRIEL, respondents.
FACTS
• Respondent, Roberto Dindo Gabriel, filed with the RTC a petition for letters of administration alleging, among others, that he is the son of the decedent, a college graduate, engaged in business, and is fully capable of administering the estate of the decedent
• respondent mentioned eight (8) of herein petitioners as the other next of kin and heirs of the decedent.
• the probate court issued an order respondent as administrator
• petitioners filed their opposition praying for the recall of the letters of administration issued to respondent and the issuance of such letters instead to petitioner Nilda Gabriel, as the legitimate daughter of the deceased alleging that the latter should be preferred over private respondent
• the probate court denied the opposition of petitioners on the ground that (1) there was no evidence submitted by oppositor Nilda Gabriel to prove that she is a legitimate daughter of the deceased; and (2) there is no proof to show that respondent is unworthy, incapacitated or unsuitable to perform the trust as to make his appointment inadvisable under these circumstances
• on appeal, the Court of Appeals dismissed the petition for certiorari on the ground that the appointment of an administrator is left entirely to the sound discretion of the trial court which may not be interfered with unless abused
• petitioners contended that under Section 6, Rule 78 of the Rules of Court, it is the surviving spouse who is first in the order of preference for the appointment of an administrator and it is petitioner Felicitas Jose-Gabriel, the widow and legal surviving spouse of the deceased Domingo Gabriel who should be preferred over private respondent who is one of the illegitimate children of the decedent by claimant
• they also claim that assuming that the widow is incompetent, the next of kin must be appointed. As between a legitimate and an illegitimate child, the former is preferred, hence petitioner Nilda Gabriel, as the legitimate daughter, must be preferred over private respondent who is an illegitimate son
• respondent, however, argues that Felicitas Jose-Gabriel may no longer be appointed administratrix by reason of her failure to apply for letters of administration within thirty (30) days from the death of her husband, as required under the rules
ISSUE: Who should be appointed administrator of the estate of the decedent
HELD:
• we deem it just, equitable and advisable that there be a co-administration of the estate of the deceased by petitioner Felicitas Jose-Gabriel and private respondent Roberto Dindo Gabrie
→ the purpose of having co-administrators is to have the benefit of their judgment and perhaps at all times to have different interests represented, especially considering that in this proceeding they will respectively represent the legitimate and illegitimate groups of heirs to the estate.
• we feel that we should not nullify the appointment of private respondent as administrator.
→ The determination of a person's suitability for the office of judicial administrator rests, to a great extent, in the sound judgment of the court exercising the power of appointment and said judgment is not to be interfered with on appeal unless the said court is clearly in error
→ In the instant case, a mere importunity by some of the heirs of the deceased is not adequate ratiocination for the removal of private respondent. Removal of an administrator does not lie on the whims, caprices and dictates of the heirs or beneficiaries of the estate. In addition, the court may also exercise its discretion in appointing an administrator where those who are entitled to letters fail to apply therefor within a given time. 21
• on the other hand, petitioner Felicitas Jose-Gabriel, the widow of the deceased Domingo Gabriel, has every right and is very much entitled to the administration of the estate of her husband since one who has greater interest in the estate is preferred to another who has less.
→ Section 6, Rule 78 of the Rules of Court prescribes the order of preference in the issuance of letters of administration, categorically seeks out the surviving spouse, the next of kin and the creditors, and requires that sequence to be observed in appointing an administrator
→ The underlying assumption behind this rule is that those who will reap the benefit of a wise, speedy and economical administration of the estate, or, on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly
→ Failure of petitioner to failure to apply for letters of administration within thirty (30) days from the death of her husband is not sufficient to exclude the widow from the administration of the estate of her husband. There must be a very strong case to justify the exclusion of the widow from the administration and there is none in the instant case.
G.R. No. 74769 September 28, 1990
BEATRIZ F. GONZALES, petitioner, vs. HON. ZOILO AGUINALDO, Judge of Regional Trial Court, Branch 143, Makati, Metro Manila and TERESA F. OLBES, respondents.
FACTS:
1. Special Proceedings No. 021, pending before the court a quo, is an intestate proceeding involving the estate of the deceased Doña Ramona Gonzales Vda. de Favis. Doña Ramona is survived by her four (4) children who are her only heirs, namely, Asterio Favis, Beatriz F. Gonzales, Teresa F. Olbes, and Cecilia Favis-‐Gomez.
2. The court a quo appointed petitioner Beatriz F. Gonzales and private respondent Teresa Olbes as co-‐administratices of the estate.
3. While petitioner Beatriz F. Gonzales was in the United States, private respondent Teresa Olbes filed a motion to remove Beatriz F. Gonzales as co-‐administratrix, on the ground that she is incapable or unsuitable to discharge the trust and had committed acts and omissions detrimental to the interest of the estate and the heirs.
4. Respondent Judge cancelled the letters of administration granted to Beatriz F. Gonzales and retained Teresa Olbes as the administratrix of the estate of the late Ramona Gonzales based on the following grounds:
a. the two administrators have not seen eye to eye with each other and most of the time they have been at loggerheads with each other to the prejudice of the estate.
b. Gonzales has been absent from the country and has not returned. Olbes has been left alone to administer the estate.
5. Petitioner moved to reconsider. Her motion was opposed by private respondents. 6. Respondent judge denied petitioner’s MR -‐ cancelling the appointment and the
letters of administration issued to Beatriz F. Gonzales and it reiterates the same for the best interest of the estate of the deceased.
7. Petitioner contends before this Court that respondent Judge's Order dated 15 January 1985 should be nullified on the ground of grave abuse of discretion, as her removal was not shown by respondents to be anchored on any of the grounds provided under Section 2, Rule 82, Rules of Court.
ISSUE: WoN Petitioner was correctly removed as co-‐adminstratix of estate
HELD: NO
• The rule is that if no executor is named in the will, or the named executor or executors are incompetent, refuse the trust, or fail to give bond, or a person dies intestate, the court must appoint an administrator of the estate of the deceased 5 who shall act as representative not only of the court appointing him but also of the heirs and the creditors of the estate. 6 In the exercise of its discretion, the probate court may appoint one, two or more co-‐administrators to have the benefit of their judgment and perhaps at all times to have different interests represented.
• In the appointment of the administrator of the estate of a deceased person, the principal consideration reckoned with is the interest in said estate of the one to be appointed as administrator.
o This is the same consideration which Section 6 of Rule 78 takes into account in establishing the order of preference in the appointment of administrators for the estate. The underlying assumption behind this rule is that those who will reap the benefit of a wise, speedy, economical administration of the estate, or, on the other hand, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly.
• Administrators have such an interest in the execution of their trust as entitle them to protection from removal without just cause. 10 Hence, Section 2 of Rule 82 of the Rules of Court provides the legal and specific causes authorizing the court to remove an administrator.
• While it is conceded that the court is invested with ample discretion in the removal of an administrator, it however must have some fact legally before it in order to justify a removal. There must be evidence of an act or omission on the part of the administrator not conformable to or in disregard of the rules or the orders of the court, which it deems sufficient or substantial to warrant the removal of the administrator. In making such a determination, the court must exercise good judgment, guided by law and precedents.
• In the present case, the court a quo did not base the removal of the petitioner as co-‐administratrix on any of the causes specified in respondent's motion for relief of the petitioner. Neither did it dwell on, nor determine the validity of the charges brought against petitioner by respondent Olbes. The court based the removal of the petitioner on the fact that in the administration of the estate, conflicts and misunderstandings have existed between petitioner and respondent Teresa Olbes which allegedly have prejudiced the estate, and the added circumstance that petitioner had been absent from the country since October 1984, and up to 15 January 1985, the date of the questioned order.
• Certainly, it is desirable that the administration of the deceased's estate be marked with harmonious relations between co-‐administrators. But for mere disagreements between such joint fiduciaries, without misconduct, one's removal is not favored.
• The court a quo failed to find hard facts showing that the conflict and disharmony between the two (2) co-‐administratrices were unjustly caused by petitioner, or that petitioner was guilty of incompetence in the fulfillment of her duties, or prevented the management of the estate according to the dictates of prudence, or any other act or omission showing that her continuance as co-‐administratrix of the estate materially endangers the interests of the estate.
• Petitioner had never abandoned her role as co-‐administratrix of the estate nor had she been remiss in the fullfilment of her duties. Suffice it to state, temporary absence in the state does not disqualify one to be an administrator of the estate.
• As the appointment of petitioner Beatriz F. Gonzales was valid, and no satisfactory cause for her removal was shown, the court a quo gravely abused its discretion in removing her. Stated differently, petitioner Beatriz F. Gonzales was removed without just cause. Her removal was therefore improper.
PEDRO DE GUZMAN, petitioner, -‐versus-‐ THE HONORABLE JUDGE ZOSIMO Z. ANGELES, RTC BRANCH 58, MAKATI, METRO, MANILA; DEPUTY SHERIFFS JOSE B. FLORA and HONORIO SANTOS and ELAINE G. DE GUZMAN, respondents
Facts:
• On May 5, 1987, private respondent Elaine G. de Guzman filed a petition for the settlement of the intestate estate of Manolito de Guzman, before the Regional Trial Court of Makati
• The petition alleges, among other things, that: o the properties left by the decedent were acquired after the marriage of
the petitioner to the decedent and therefore are included in their conjugal partnership
o after diligent search and inquiry to ascertain whether the decedent left a last will and testament, none has been found and according to the best knowledge information and belief of the petitioner, Manolito de Guzman died intestate
o the petitioner as the survey surviving spouse of the decedent, is most qualified and entitled to the grant of letters of administration
• On May 22, 1987, the private respondent filed a motion for writ of possession over five (5) — vehicles registered under the name of Manolito de Guzman, alleged to be conjugal properties of the de Guzman's but which are at present in the possession of the private respondent's father-‐in-‐ law, herein petitioner Pedro de Guzman.
o respondent must have the possession of said vehicles in order to preserve the assets of her late husband
• In the meantime, on May 28, 1987, the private respondent filed her "Ex-‐Parte Motion to Appoint Petitioner as Special Administratrix of the Estate of Manolito de Guzman."
o However, no notice of the order was given to the petitioner. o the lower court granted the private respondent's motion to be
appointed as special administratrix • Trouble ensued when the respondents tried to enforce the above order. The
petitioner resisted when Deputy Sheriffs Jose B. Flora and Honorio Santos tried to take the subject vehicles on the ground that they were his personal properties
Issue: W/N the court appoint a special administrator even before the court has caused notice to be served upon all interested parties pursuant to section 3, Rule 79 of the Revised Rules of Court
Held: No
Ratio:
The petitioner contends that the June 5, 1987 order is a patent nullity, the respondent court not having acquired jurisdiction to appoint a special administratrix because the petition for the settlement of the estate of Manolito de Guzman was not yet set for hearing and published for three consecutive weeks, as mandated by the Rules of Court. The petitioner also stresses that the appointment of a special administratrix constitutes an abuse of discretion for having been made without giving petitioner and other parties an opportunity to oppose said appointment
Santos v. Castillo (64 Phil. 211) we ruled that before a court may acquire jurisdiction over the case for the probate of a will and the administration of the properties left by a deceased person, the application must allege the residence of the deceased and other indispensable facts or circumstances and that the applicant is the executor named in the will or is the person who had custody of the will to be probated
In the instant case, there is no doubt that the respondent court acquired jurisdiction over the proceedings upon the filing of a petition for the settlement of an intestate estate by the private respondent since the petition had alleged all the jurisdictional facts, the residence
of the deceased person, the possible heirs and creditors and the probable value of the estate of the deceased Manolito de Guzman pursuant to Section 2, Rule 79 of the Revised Rules of Court
But… Sige, banat Supreme Court!
We must, however, differentiate between the jurisdiction of the probate court over the proceedings for the administration of an estate and its jurisdiction over the persons who are interested in the settlement of the estate of the deceased person. The court may also have jurisdiction over the "estate" of the deceased person but the determination of the properties comprising that estate must follow established rules.
Section 3, Rule 79 of the Revised Rules of Court provides:
Court to set time for hearing. — Notice thereof. — When a petition for letters of administration is filed in the court having jurisdiction, such court shall fix a time and place for hearing the petition, and shall cause notice thereof to be given to the known heirs and creditors of the decedent, and to any other persons believed to have an interest in the estate, in the manner provided in sections 3 and 4 of Rule 76.
It is very clear from this provision that the probate court must cause notice through publication of the petition after it receives the same. The purpose of this notice is to bring all the interested persons within the court's jurisdiction so that the judgment therein becomes binding on all the world.
Where no notice as required by Section 3, Rule 79 of the Rules of Court has been given to persons believed to have an interest in the estate of the deceased person; the proceeding for the settlement of the estate is void and should be annulled. The requirement as to notice is essential to the validity of the proceeding in that no person may be deprived of his right to property without due process of law
Verily, notice through publication of the petition for the settlement of the estate of a deceased person is jurisdictional, the absence of which makes court orders affecting other persons, subsequent to the petition void and subject to annulment
DALISAY E. OCAMPO, VINCE E. OCAMPO, MELINDA CARLA E. OCAMPO, and LEONARDO E. OCAMPO, JR., Petitioners -‐ versus – RENATO M. OCAMPO and ERLINDA M. OCAMPO, Respondents
Facts:
-‐ Petitioners Dalisay E. Ocampo (Dalisay), Vince E. Ocampo (Vince), Melinda Carla E. Ocampo (Melinda), and Leonardo E. Ocampo, Jr. (Leonardo, Jr.) are the surviving wife and the children of Leonardo Ocampo (Leonardo), who died on January 23, 2004
-‐ Leonardo and his siblings, respondents Renato M. Ocampo (Renato) and Erlinda M. Ocampo (Erlinda) are the legitimate children and only heirs of the spouses Vicente and Maxima Ocampo, who died intestate on December 19, 1972 and February 19, 1996, respectively
o Vicente and Maxima left several properties, mostly situated in Biñan, Laguna. Vicente and Maxima left no will and no debts
-‐ On June 24, 2004, five (5) months after the death of Leonardo, petitioners initiated a petition for intestate proceedings
o The petition alleged that, upon the death of Vicente and Maxima, respondents and their brother Leonardo jointly controlled, managed, and administered the estate of their parents. Under such circumstance, Leonardo had been receiving his share consisting of one-‐third (1/3) of the total income generated from the properties of the estate.
o However, when Leonardo died, respondents took possession, control and management of the properties to the exclusion of petitioners.
o The petition prayed for the settlement of the estate of Vicente and Maxima and the estate of Leonardo. It, likewise, prayed for the appointment of an administrator to apportion, divide, and award the two estates among the lawful heirs of the decedents
-‐ Respondents filed their Opposition and Counter-‐Petition dated October 7, 2004, contending that the petition was defective as it sought the judicial settlement of two estates in a single proceeding. They argued that the settlement of the estate of Leonardo was premature, the same being dependent only upon the determination of his hereditary rights in the settlement of his parents’ estate
o In their counter-‐petition, respondents prayed that they be appointed as special joint administrators of the estate of Vicente and Maxima
-‐ RTC denied respondents’ opposition to the settlement proceedings but admitted their counter-‐petition
o It appointed Dalisay and Renato as special joint administrators of the estate of the deceased spouses, and required them to post a bond ofP200,000.00 each
-‐ Respondents filed a Motion for Reconsideration insisting that Dalisay was incompetent and unfit to be appointed as administrator of the estate, considering that she even failed to take care of her husband Leonardo when he was paralyzed in 1997
o In their Supplement to the Motion for Reconsideration, respondents asserted their priority in right to be appointed as administrators being the next of kin of Vicente and Maxima, whereas Dalisay was a mere daughter-‐in-‐law of the decedents and not even a legal heir by right of representation from her late husband Leonardo
-‐ Pending the resolution of the Motion for Reconsideration, petitioners filed a Motion to Submit Inventory and Accounting praying that the RTC issue an order directing respondents to submit a true inventory of the estate of the decedent spouses and to render an accounting thereof from the time they took over the collection of the income of the estate
o Respondents filed their Comment and Manifestation claiming that they could not yet be compelled to submit an inventory and render an accounting of the income and assets of the estate inasmuch as there was still a pending motion for reconsideration
-‐ In its Order dated February 16, 2007, the RTC revoked the appointment of Dalisay as co-‐special administratrix, substituting her with Erlinda.
o The RTC took into consideration the fact that respondents were the nearest of kin of Vicente and Maxima. Petitioners did not contest this Order and even manifested in open court their desire for the speedy settlement of the estate
-‐ On October 15, 2007, or eight (8) months after the February 16, 2007 Order appointing respondents as special joint administrators, petitioners filed a Motion to Terminate or Revoke the Special Administration and to Proceed to Judicial Partition or Appointment of Regular Administrator
o Petitioners contended that the special administration was not necessary as the estate is neither vast nor complex, the properties of the estate being identified and undisputed, and not involved in any litigation necessitating the representation of special administrators.
o Petitioners, likewise, contended that respondents had been resorting to the mode of special administration merely to delay and prolong their deprivation of what was due them.
o Petitioners cited an alleged fraudulent sale by respondents of a real property for P2,700,000.00, which the latter represented to petitioners to have been sold only for P1,500,000.00, and respondents’ alleged misrepresentation that petitioners owed the estate for the advances to cover the hospital expenses of Leonardo, but, in fact, were not yet paid
-‐ In its Order dated March 13, 2008, the RTC granted petitioners’ Motion, revoking and terminating the appointment of Renato and Erlinda as joint special administrators, on account of their failure to comply with its Order, particularly the posting of the required bond, and to enter their duties and responsibilities as special administrators, i.e., the submission of an inventory of the properties and of an income statement of the estate
o The RTC also appointed Melinda as regular administratrix, subject to the posting of a bond in the amount ofP200,000.00, and directed her to submit an inventory of the properties and an income statement of the subject estate
-‐ Aggrieved, respondents filed a petition for certiorari under Rule 65 of the Rules of Court before the CA
-‐ On December 16, 2008, the CA rendered its assailed Decision granting the petition based on the finding that the RTC gravely abused its discretion in revoking respondents’ appointment as joint special administrators without first ruling on their motion for exemption from bond, and for appointing Melinda as regular administratrix without conducting a formal hearing to determine her competency to assume as such.
-‐ Petitioners then filed a MR but was denied -‐ Hence this petition
Issue/Held:
-‐ W/N the revocation of Respondents’ appointment as special administrators was proper / YES
Ratio:
-‐ A special administrator is an officer of the court who is subject to its supervision and control, expected to work for the best interest of the entire estate, with a view to its smooth administration and speedy settlement
o When appointed, he or she is not regarded as an agent or representative of the parties suggesting the appointment
o The principal object of the appointment of a temporary administrator is to preserve the estate until it can pass to the hands of a person fully authorized to administer it for the benefit of creditors and heirs, pursuant to Section 2 of Rule 80 of the Rules of Court
-‐ While the RTC considered that respondents were the nearest of kin to their deceased parents in their appointment as joint special administrators, this is not a mandatory requirement for the appointment
o It has long been settled that the selection or removal of special administrators is not governed by the rules regarding the selection or removal of regular administrators
-‐ The probate court may appoint or remove special administrators based on grounds other than those enumerated in the Rules at its discretion, such that the need to first pass upon and resolve the issues of fitness or unfitness and the application of the order of preference under Section 6 of Rule 78, as would be proper in the case of a regular administrator, do not obtain
o As long as the discretion is exercised without grave abuse, and is based on reason, equity, justice, and legal principles, interference by higher courts is unwarranted
o The appointment or removal of special administrators, being discretionary, is thus interlocutory and may be assailed through a petition for certiorari under Rule 65 of the Rules of Court
-‐ It is worthy of mention that, as early as October 11, 2005, in their Motion for Appointment as Joint Special Administrators, respondents already prayed for their exemption to post bond should they be assigned as joint special administrators
o However, the RTC effectively denied this prayer when it issued its June 15, 2006 Order, designating Renato and Dalisay as special administrators and enjoining them to post bond in the amount of P200,000.00 each. This denial was, in effect, reiterated when the RTC rendered its February 16, 2007 Order substituting Dalisay with Erlinda as special administratrix
o Consequently, the RTC revoked respondents’ appointment as special administrators for failing to post their administrators’ bond and to submit an inventory and accounting as required of them, tantamount to failing to comply with its lawful orders
-‐ Pursuant to Section 1 of Rule 81, the bond secures the performance of the duties and obligations of an administrator namely: (1) to administer the estate and pay the debts; (2) to perform all judicial orders; (3) to account within one (1) year and at any other time when required by the probate court; and (4) to make an inventory within three (3) months. More specifically, per Section 4 of the same Rule, the bond is conditioned on the faithful
execution of the administration of the decedent’s estate requiring the special administrator to (1) make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge; (2) truly account for such as received by him when required by the court; and (3) deliver the same to the person appointed as executor or regular administrator, or to such other person as may be authorized to receive them
-‐ Hence, the RTC revoked respondents’ designation as joint special administrators, especially considering that respondents never denied that they have been in possession, charge, and actual administration of the estate of Vicente and Maxima since 2002 up to the present, despite the assumption of Melinda as regular administratrix
o Respondents had already been distributing the incomes or fruits generated from the properties of the decedents’ estate, yet they still failed to post their respective administrators’ bonds despite collection of the advances from their supposed shares
o What is more, respondents’ insincerity in administering the estate was betrayed by the Deed of Conditional Sale dated January 12, 2004
-‐ On the other hand, the Court finds the RTC’s designation of Melinda as regular administratrix as improper and abusive of its discretion
o Admittedly, there was no petition for letters of administration with respect to Melinda, as the prayer for her appointment as co-‐administrator was embodied in the motion for the termination of the special administration
o Thus, the capacity, competency, and legality of Melinda’s appointment as such was not properly objected to by respondents despite being the next of kin to the decedent spouses, and was not threshed out by the RTC acting as a probate court in accordance with the above mentioned Rules
-‐ However, having in mind the objective of facilitating the settlement of the estate of Vicente and Maxima, with a view to putting an end to the squabbles of the heirs, we take into account the fact that Melinda, pursuant to the RTC Order dated March 13, 2008, already posted the required bond of P200,000.00
-‐ These acts clearly manifested her intention to serve willingly as administratrix of the decedents’ estate, but her appointment should be converted into one of special administration, pending the proceedings for regular administration
G.R. No. L-3039 December 29, 1949
VICTORIA REYNOSO and JUAN REYNOSO, petitioners, vs. VICENTE SANTIAGO, Judge of the Court of First Instance of Quezon, PIA REYNOSO, AGUSTINA REYNOSO, MELITON PALABRICA, LEONCIO CADIZ, ET AL., respondents
FACTS
• Leoncio Cadiz and the other heirs of Salvadora Obispo presented an application in the CFI for the administration of the property of the deceased
• Victorio Reynoso and Juan Reynoso, Salvadora Obispo's surviving spouse and eldest son respectively, opposed the application and filed a document, which purported to be the last will and testament of Salvadora Obispo, with a counter petition for its probate
• The trial court rejected that instrument as a forgery, but on the appeal, the Court of Appeals reversed the finding of the court below, found the will authentic and drawn with all the formalities of Law.
• Thereafter Victorio Reynoso And Juan Reynoso filed two petitions, one in special proceeding No. 2914 and another under a separate and new docket number (3107) and with a different title
→ The first prayed that the special administrator, Meliton Palabrica, who had theretofore been appointed in special proceeding No. 2914, be ordered to turn over the properties of the deceased and the proceeds of coprax, nuts and other agricultural products to Victorio Reynoso, and to render an accounting within a reasonable time, It also asked for the closing of the intestate proceeding
→ The other petition prayed that the estate be administered and settled in special proceeding No. 3107 and that Victorio Reynoso be appointed executor of Salvadora Obispo's last will and testament. It also contained a prayer for an accounting by Palabrica and delivery by him to the new executor of the properties that came into possession including the proceeds from the sales of coprax, nuts, etc.
• The two petitions were decided separately
→ With respect to the opening of another expediente, the lower court believed that the proposed change or substitution was " not only unnecessary but inconvenient and expensive.
→ As to the appointment of the deceased's husband as executor or administrator the court said that action on the petition should be withheld for the time being, because of the pendency on appeal of a case in which the special administrator in special proceeding No. 2914 is plaintiff and appellee and Victorio Reynoso defendant and appellant.
ISSUE: Whether or not petitioner Reynoso should be appointed administrator in the separate action filed
HELD:
• The appointment of a special administrator is justified only when there is delay in granting letters testamentary or of administration occasioned by an appeal from the allowance or disallowance of a will or some other cause
→ The Court of Appeals having decreed the probate of the will and the appointment of analbacea, there is no valid reason for the further retention of a special administrator.
• The appointment of a regular administrator is necessary for the prompt settlement and distribution of the estate.
→ There are important duties devolving on a regular administrator which a special administrator can not perform, and there are many actions to be taken by the court which could not be accomplished before a regular administrator is appointed
• But whether or not Victorio Reynoso should be appointed as administrator we do not and cannot of course decide in a petition for mandamus
→ While the surviving spouse is entitled to preference in the appointment (section 6, Rule 79), circumstances might warrant his rejection and the appointment of someone else.
→ Mandamus lies where the duty is specific and ministerial. It does not lie where judgment or discretion is exercised in the performance of the act. Applying the rule to this case, it is proper to command the court below to appoint a regular administrator, but it is not proper to tell it whom to appoint
Heirs of Belinda Dahlia A. Castillo v. Lacuata-‐Garbiel (2005) Facts:
This is a petition for review on certiorari of the decision of the CA denying the MR. On January 25, 1989, Crisanta Yanga-‐Gabriel, wife of Lorenzo B. Almoradie, died in Malabon City, Metro Manila, leaving behind a sizable inheritance consisting mostly of real estate and shares of stock. Cristina’s mother, Cristina Santiago Vda. De Yanga commenced an intestate proceeding before the RTC Malabon City. She alleged that her daughter left an estate worth P1.5M and it was being managed by her son-‐in-‐law Lorenzo and by two other equally incompetent persons. She prays that her son, Mariano Yanga, Cristina’s brother be given the letters of administration. This prayer was eventually granted.
Meantime, the marriage between Crisanta Yanga-‐Gabriel and Lorenzo Almoradie was declared void for being bigamous. The RTC then removed Lorenzo as administrator and appointed Mariano, Jr. in his stead.
Cristina Santiago Vda. De Yanga
Crisanta Yanga-‐Gabriel † + Lorenzo Almoradie
(marriage void and bigamous)
Belinda † (claiming to be the legitimate child)
Bena Jean, Daniel, Melchor, Michael, and Danibel, all surnamed Castillo
Roberto Y. Gabriel † (claiming to be an adopted
child of Crisanta) + Dolores
Mariano Francisco †
On October 16, 1989, one Belinda Dahlia Y. Almoradie Castillo, claiming to be the only legitimate child of Lorenzo and Crisanta, filed a motion for intervention. Resolution on this motion was, however, held in abeyance pending some incidents in the CA.
On November 3, 1989, Roberto Y. Gabriel, the legally adopted
son of Crisanta Y. Gabriel, filed before the RTC of Malabon City a petition for probate of an alleged will and for the issuance of letters testamentary in his favor. He alleged that he discovered his mother’s will on October 25, 1989 in which he was instituted as the sole heir of the testatrix, and designated as alternate executor for the named executor therein, Francisco S. Yanga, a brother of Crisanta, who had predeceased the latter sometime in 1985 or 1986.
On June 2, 1990, Belinda Castillo died. The two (2) special proceedings were consolidated. On May 15,
1991, the RTC issued an Order dismissing the intestate proceedings. Mariano Yanga, Jr. questioned the dismissal of the intestate proceedings before the appellate court via a petition for certiorari. On July 8, 1991, the probate court appointed Roberto Y. Gabriel as special administrator of his mother’s estate. On May 23, 2001, the heirs of Belinda, namely, Bena Jean, Daniel, Melchor, Michael, and Danibel, all surnamed Castillo, filed a Motion praying that they be substituted as party-‐litigants in lieu of their late mother Belinda, who died in 1990.
On April 16, 2001, Roberto Gabriel died. His widow, Dolores L.
Gabriel, filed a “Manifestation and Motion” where she informed the probate court of her husband’s death and prayed that she be admitted as substitute in place of her late husband, and be appointed as administratrix of the estate of Crisanta Gabriel as well. She alleged that she had a bachelor’s degree in law and had worked for several years in a law office. On August 14, 2001, the heirs of Belinda opposed Dolores’ manifestation and motion. They averred that Dolores was not Crisanta Gabriel’s next of kin, let alone the lawful wife of the late Roberto.
On August 24, 2001, Bena Jean filed a “Motion for Appointment
as Administrator of the Estate of Crisanta Y. Gabriel” praying that she be
appointed administratrix of the estate of her grandmother Crisanta. On October 11, 2001, Dolores opposed the motion of Bena Jean, claiming that the latter has neither proven her kinship with Crisanta Gabriel nor shown any particular qualification to act as administratrix of the estate.
On November 28, 1991, the CA dismissed the petition
for certiorari of Mariano Yanga, Jr. in CA-‐G.R. SP No. 25897. In a Resolution dated December 5, 2001, the lower court appointed Dolores as special administratrix upon a bond of P200,000.00. The probate court merely noted the motion for substitution filed by the heirs of Belinda, stating that they were “mere strangers to the case.” Dolores was then appointed as Special Administrator of Crisanta’s estate. The heirs of Belinda moved to reconsider but the same was denied. Issue: Whether or not the CA erred in ruling that Dolores Lacuata-‐Gabriel is entitled to administration of the estate of Crisanta, she being the heir of her deceased husband whose estate is the former estate of his adopting mother Crisanta as the same is contrary to the law on succession? SO, easily put, whether or not it was proper to appoint Dolores as special administratix of the estate of Crisanta Yanga-‐Gabriel?
Held: Yes, it was proper. The petitioners argue that since the respondent does not have any right to inherit from their grandmother, either by her own right or by the right of representation, she is not qualified to be appointed as administratrix of the estate; in contrast, they are Crisanta Gabriel’s only compulsory heirs. They insist that the respondent’s late husband, Roberto, was just a nephew of the decedent and not a legally adopted son as he claimed to be. Even assuming this claim was true, the fact that the respondent is not naturally related to the decedent by blood in the direct descending line makes it unfair to appoint her as the special administratrix.
In ruling against the petitioners and dismissing their petition, the CA ratiocinated as follows:
The appointment of a special administrator lies entirely in the discretion of the court. The order of preference in the appointment of a regular administrator under Section 6, Rule 78 of the Rules of Court does not apply to the selection of a special administrator. In the issuance of such appointment, which is but temporary and subsists only until a regular administrator is appointed, the court determines who is entitled to the administration of the estate of the decedent. On this point, We hold that the preference of private respondent Dolores Gabriel is with sufficient reason. The facts of this case show that Roberto Gabriel – the legally adopted son of Crisanta Yanga-‐Gabriel – survived Crisanta’s death. When Crisanta died on January 25, 1989, her estate passed on to her surviving adopted son Roberto. When Roberto himself later died on April 16, 2001, pursuant to the law on succession, his own estate which he inherited from Crisanta passed on to his surviving widow, private respondent.
While it is true, as petitioners submit, that private respondent is neither a compulsory nor a legal heir of Crisanta Yanga-‐Gabriel and is considered a third person to the estate of Crisanta, nonetheless, private respondent is undeniably entitled to the administration of the said estate because she is an heir of her husband Roberto, whose estate is the former estate of his adopting mother Crisanta. The ruling of the CA is correct. The Court has repeatedly held
that the appointment of a special administrator lies in the sound discretion of the probate court. A special administrator is a representative of a decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed. When appointed, a special administrator is regarded not as a representative of the agent of the parties suggesting the appointment, but as the administrator in charge of the estate, and, in
fact, as an officer of the court. As such officer, he is subject to the supervision and control of the probate court and is expected to work for the best interests of the entire estate, especially its smooth administration and earliest settlement. The principal object of appointment of temporary administrator is to preserve the estate until it can pass into hands of person fully authorized to administer it for the benefit of creditors and heirs. In many instances, the appointment of administrators for the estates of decedents frequently become involved in protracted litigations, thereby exposing such estates to great waste and losses unless an authorized agent to collect the debts and preserve the assets in the interim is appointed. The occasion for such an appointment, likewise, arises where, for some cause, such as a pendency of a suit concerning the proof of the will, regular administration is delayed.
Section 1, Rule 80 of the Revised Rules of Court provides: Section 1. Appointment of Special Administrator.
– When there is delay in granting letters testamentary or of administration by any cause including an appeal from the allowance or disallowance of a will, the court may appoint a special administrator to take possession and charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators appointed.
The new Rules have broadened the basis for the appointment of an administrator, and such appointment is allowed when there is delay in granting letters testamentary or administration by any cause, e.g., parties cannot agree among themselves. Nevertheless, the discretion to appoint a special administrator or not lies in the probate court. In De Guzman v. Guadiz, Jr., the Court further elucidated –
Under the above rule, the probate court may
appoint a special administrator should there be a delay in granting letters testamentary or of administration occasioned by any cause including an appeal from the
allowance or disallowance of a will. Subject to this qualification, the appointment of a special administrator lies in the discretion of the Court. This discretion, however, must be sound, that is, not whimsical, or contrary to reason, justice, equity or legal principle.
The basis for appointing a special administrator under the Rules is broad enough to include any cause or reason for the delay in granting letters testamentary or of administration as where a contest as to the will is being carried on in the same or in another court, or where there is an appeal pending as to the proceeding on the removal of an executor or administrator, or in cases where the parties cannot agree among themselves. Likewise, when from any cause general administration cannot be immediately granted, a special administrator may be appointed to collect and preserve the property of the deceased.
It is obvious that the phrase “by any cause” includes those incidents which transpired in the instant case clearly showing that there is a delay in the probate of the will and that the granting of letters testamentary will consequently be prolonged necessitating the immediate appointment of a special administrator.
As enunciated above, the probate court has ample jurisdiction to appoint respondent as special administratrix. The deceased Crisanta Yanga-‐Gabriel left a document purporting to be her will where her adopted son, Roberto, was named as the sole heir of all her properties. However, pending probate of the will, Roberto died leaving his widow, the respondent herein, as his sole heir. Thus, the respondent has much stake in Crisanta’s estate in case the latter’s will is allowed probate. It needs to be emphasized that in the appointment of a special administrator (which is but temporary and subsists only until a regular administrator is appointed), the probate court does not determine the shares in the decedent’s estate, but merely appoints who is entitled to administer the estate. The issue of heirship is one to be determined in
the decree of distribution, and the findings of the court on the relationship of the parties in the administration as to be the basis of distribution. Thus, the preference of respondent is sound, that is, not whimsical, or contrary to reason, justice, equity or legal principle. The petitioners’ strenuous invocation of Section 6, Rule 78 of the Rules of Court is misplaced. The rule refers to the appointment of regular administrators of estates; Section 1, Rule 80, on the other hand, applies to the appointment of a special administrator. It has long been settled that the appointment of special administrators is not governed by the rules regarding the appointment of regular administrators. Thus, in Roxas v. Pecson, this Court ruled: It is well settled that the statutory provisions as to the prior or preferred right of certain persons to the appointment of administrator under Section 1, Rule 81, as well as the statutory provisions as to causes for removal of an executor or administrator under section 653 of Act No. 190, now Section 2, Rule 83, do not apply to the selection or removal of special administrator. ... As the law does not say who shall be appointed as special administrator and the qualifications the appointee must have, the judge or court has discretion in the selection of the person to be appointed, discretion which must be sound, that is, not whimsical or contrary to reason, justice or equity.
ROWENA F. CORONA, petitioner, vs. THE COURT OF APPEALS, ROMARICO G. VITUG, AVELINO L. CASTILLO, NICANOR CASTILLO, KATHLEEN D. LUCHANGCO, GUILLERMO LUCHANGCO, JR., ANTONIO LUCHANGCO, RODOLFO TORRES, REYNALDO TORRES and PURISIMA T. POLINTAN, respondents.
Facts:
- Dolores Luchangco Vitug died in New York, U.S.A., leaving two Wills: one, a holographic Will which excluded her husband, and
the other, a formal Will which expressly disinherited her husband Romarico "for reason of his improper and immoral conduct amounting to concubinage, which is a ground for legal separation under Philippine Law"; bequeathed her properties in equal shares to her sisters and her nieces; and appointed Rowena F. Corona, herein petitioner, as her Executrix.
- Rowena filed a petition for the probate of the Wills and for the appointment of Nenita P. Alonte as Administrator because she (Rowena) is presently employed in the United Nations in New York City.
- The surviving husband, Romarico Vitug, filed an opposition praying for his appointment as Special Administrator because the Special Administratrix appointed is not related to the heirs and has no interest to be protected, besides, the surviving spouse is qualified to administer.
- The Probate Court set aside its Order appointing Nenita as Special Administratrix, and appointed instead the surviving husband, Romarico as Special Administrator essentially for the reasons that under Section 6, Rule 78, of the Rules of Court, the surviving spouse is first in the order of preference for appointment as Administrator as he has an interest in the estate; that the disinheritance of the surviving spouse is not among the grounds of disqualification for appointment as Administrator; that the next of kin is appointed only where the surviving spouse is not competent or is unwilling to serve besides the fact that the Executrix appointed, is not the next of kin but merely a niece, and that the decedent's estate is nothing more than half of the unliquidated conjugal partnership property.
- Petitioner moved for reconsideration with an alternate Motion for the appointment of co-‐Special Administrators to which private respondents filed their Opposition. Reconsideration having been denied, petitioner resorted to a Petition for certiorari before the Court of Appeals. The Court of Appeals dismissed the Petition stating that the Probate Court strictly observed the order of preference established by the Rules
Issue: Whether Nenite Alonte, a stranger to the estate, can be appointed as the administrator?
Ruling: Yes.
- The Court is of the considered opinion that petitioner's nominee, Nenita F. Alonte, should be appointed as co-‐Special Administrator. The executrix's choice of Special Administrator, considering her own inability to serve and the wide latitude of discretion given her by the testatrix in her Will, is entitled to the highest consideration. Objections to Nenita's appointment on grounds of impracticality and lack of kinship are over-‐shadowed by the fact that justice and equity demand that the side of the deceased wife and the faction of the surviving husband be represented in the management of the decedent's estate.
- En passant, it is apropos to remind the Special Administrators that while they may have respective interests to protect, they are officers of the Court subject to the supervision and control of the Probate Court and are expected to work for the best interests of the entire estate, its smooth administration, and its earliest settlement.
Vda. De Dayrit v. Ramolete - WALA G.R. No. L-59935 30 September 1982
Co. vs Hon. Rosario
Facts:
RTC of Makati appointed Luis Co as a special administrator of the estate of his father, Co Bun Chun. However, the other heirs of the deceased, filed a motion to set aside the appointment of Co, and this was acted upon by the trial court. Consequently, Co nominated his son Alvin to be a co-‐administrator of the estate. The trial court then, appointed Alvin as a co-‐administrator.
Almost four years thereafter, the RTC, acting on a motion filed by one of the heirs, issued its January 22, 2002 Order revoking and setting aside the appointment of Alvin. The trial court reasoned that Alvin had become unsuitable to discharge the trust given to him as special co-‐administrator because his capacity, ability or competence to perform the functions of co-‐administrator had been beclouded by the filing of several criminal cases against him, which, even if there was no conviction yet, had provided the heirs ample reason to doubt his fitness to handle the subject estate with utmost fidelity, trust and confidence.
Aggrieved, petitioner moved for the reconsideration of the said Order, but this was denied in the RTC Order. Subsequently, petitioner brought the matter to the CA on petition for certiorari under Rule 65. In the aforesaid challenged Decision, the appellate court affirmed the revocation of the appointment and dismissed the petition. Thus, the instant petition for review on certiorari under Rule 45.
Issue: W/N the trial court acted with grave abuse of discretion in revoking the appointment and if can be reviewable under petitions for review on certiorari.
Held: No. the trial court did not act with grave abuse of discretion in revoking Alvin's appointment as special co-‐administrator. Settled is the rule that the selection or removal of special administrators is not governed by the rules regarding the selection or removal of regular administrators. Courts may appoint or remove special administrators based on grounds other than those enumerated in the Rules, at their discretion. As long as the said discretion is exercised without grave abuse, higher courts will not interfere with it. This, however, is no authority for the judge to become partial, or to make his personal likes and dislikes prevail over, or his passions to rule, his judgment. The exercise of such discretion mustbe based on reason, equity, justice and legal principles. Thus, even if a special administrator had already been appointed, once the court finds the appointee no longer entitled to its confidence, it is justified in withdrawing the appointment and giving no valid effect thereto. The special administrator is an officer of the court who is subject to its
supervision and control and who is expected to work for the best interest of the entire estate, especially with respect to its smooth administration and earliest settlement.
In this case, we find that the trial court's judgment on the issue of Alvin's removal as special co-‐administrator is grounded on reason, equity, justice and legal principle. It is not characterized by patent and gross capriciousness, pure whim and abuse, arbitrariness or despotism, as to be correctible by the writ of certiorari.