Group 6

Uy v. Court of Appeals,
G.R. No. 167979,
March 16, 2006
Aton, Bero, Binuya, Dayagbil, Escaño,
Jaramillo, Tiu, Velayo, Villablanca, Sabdullah
Facts:
Joy Tan - died intestate; survived by her spouse,
Johnny Tan, and two children: Lilian and Lily Tan

SP No. 97-241 - appointed Lilian Tan as special

administrator, but subsequently revoked as a result
of Lily Tan’s Motion; Letters of Administration was
granted to Lily Tan

Philip Tan - intervenor; brother and creditor of

deceased; appointed by RTC as co-administrator
What is the Order of preference in granting the Letters
of Administration?
Under Section 6, Rule 78 of the Rules of Court, the preference to whom
letters of administration may be granted are as follows:
SEC. 6. 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, administration 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 next of kin, requests to have appointed, if competent
and willing to serve;
What is the Order of preference in granting the Letters
of Administration? (cont)
(b) If such surviving husband or wife, as the case may be, or next of kin,
or the person selected by them, be incompetent or unwilling, or if the
husband or widow, or next of kin, neglects for thirty (30) days after the
death of the person to apply for administration or to request that
administration be granted to some other person, it may be granted to one
or more of the principal creditors, if competent and willing to serve;

(c) If there is no such creditor competent and willing to serve, it may be

granted to such other person as the court may select.
Did the trial court act with grave abuse of discretion in
appointing private respondent as co-administrator to the
estate of the deceased?
No. The trial court did not act with grave abuse of discretion in
appointing private respondent as co-administrator.

The trial court did not disregard the order of preference. Instead of
removing petitioner, it appointed private respondent, a creditor, as
co-administrator since the estate was sizeable and petitioner was
having a difficult time attending to it alone.

In fact, petitioner did not submit any report regarding the estate
under his administration.
Explain why a co-administrator may be appointed
despite the rule on the Order of Preference?
A co-administrator performs all the functions and duties and exercises all the
powers of a regular administrator, only that he is not alone in the administration.
The practice of appointing co-administrators in estate proceedings is not
prohibited, but it should only be resorted to, as held in Gabriel v Court of Appeals,
in certain cases when circumstances merit their appointment, to wit:

a. to have the benefit of their judgment and perhaps at all

times to have different interests represented;
b. where justice and equity demand that opposing parties
or factions be represented in the management of the
estate of the deceased;
Explain why a co-administrator may be appointed
despite the rule on the Order of Preference? (cont)
c. where the estate is large or, from any cause, an intricate
and perplexing one to settle;

d. to have all interested persons satisfied and the

representatives to work in harmony for the best interests of
the estate; and

e. when a person entitled to the administration of an estate

desires to have another competent person associated with
him in the office.
The court may appoint a co-administrator despite
the rule on the Order of Preference when the
person enjoying preferential right as an
administrator is unsuitable.
The order of preference in the appointment of an
administrator depends on the attendant facts and
circumstances.
In Sioca v. Garcia:
… a probate court cannot arbitrarily and without sufficient
reason disregard the preferential rights of the surviving
spouse to the administration of the estate of the deceased
spouse.

But, if the person enjoying such preferential rights is

unsuitable, the court may appoint another person.
The determination of a person's suitability for the office
of administrator rests, to a great extent, in the sound
judgment of the court exercising the power of
appointment and such judgment will not be interfered
with on appeal unless it appears affirmatively that the
court below was in error.
End