ArticuLaw Primo
LSPU-LAW STAR CLASS
G.R. No. L-27657
IN THE MATTER OF THE INTESTATE ESTATE OF THE LATE JULIANA REYES,PAULINA SANTOS DE PARREÑO vs. GREGORIA ARANZANSO,
Facts:
Juliana Reyes died intestate. Her substantial estate is still being settled in Special Proceedings No. 34354of the Court of First instance of Manila branch IV. the settlement has spanned a number of litigation which has reached this Court and includes not only the instant case but also other cases.
The estate had only special administrators until (Gregoria Aranzanso) who claims to be a first cousin of the decedent stated that she be appointed regular administrator.
Her motion promoted counter motions" oppositions" replies rebuttal and re-in order which take up 10 pages of the printed record on appeal and which demonstrate the real of the various counsel in espousing their clients claims to the estate which as aforesaid is substantial.
In January 2, the Court issued an order appointing (Gregoria Aranzanso) as regular administrator and relieving Araceli Pilapil as special administrator. Motions for reconsideration of the order were filed but the presiding judge held firmly considering that most of the &o,ants have adverse interests against this intestate estate. but the opposition has persistent it refused to give in and so on June 10 the court which incidentally has presided by a different judge issued an order grating the omnibus motion filed by Paulina R. Santos de Parreno.
The oppositors Gregoria Aranzanso Demetria Ventura" Consuelo Pasion and Pacita Pasion were declared to be without any right to intervene in the intestate proceeding and henceforth they should not be allowed to take part therein.
Gregoria Aranzanso and Demetria Ventura were ordered to return to the estate the sum of P14,000.00 which they received by virtue of the order of this court dated October 12. The appointment of Gregoria Aranzanso as regular administrator pursuant to the order of this court dated January 14, was revoked and she was ordered to render a na(account of her administration within 10 days from receipt. Paulina -. Santos de Parreno was appointed special administrator of the intestate estate of the late Juliana -Reyes de Santos and upon her filing a bond in the amount of P2,000.00 and the corresponding oath of office, then letters of special administration be issued to her.
A motion for reconsideration of the order was denied which prompted Gregoria Aranzanso to appeal the order to this court.
Issue:
Whether or not the lower court was justified in revoking the appointment of Gregoria Aranzanso as the administrator of the intestate estate of Juliana Reyes.
Ruling:
No. It stands to reason that the appellant having been appointed regular administrator of the intestate estate of Juliana Reyes may be removed from her office but only for a cause or causes provided by law. what is the law on removal? it is found in rule 82, section 2, of the Rules of Court which reads as follows:
Sec. 2. Court may remove or accept resignation of executor or administrator. Proceedings upon death, resignation, or removal.— If an executor or administrator neglects to render his account and settle the estate according to law, or to perform an order or judgment of the court, or a duty expressly provided by these rules, or absconds or becomes insane, or otherwise incapable or unsuitable to discharge the trust, the court may remove him, or, in its discretion, may permit him to resign. When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. If there is no remaining executor or administrator, administration may be granted to any suitable person.