Facts:
Petitioners are the surviving wife and the
children of Leonardo Ocampo, who died on January 23, 2004. Leonardo and his
siblings, respondents Renato and 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. Vicente and Maxima left
several properties, mostly situated in Bian, 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 of
the properties of Leonardo, and spouses Vicente and Maxima. The petition
alleged that, when Leonardo died, respondents took possession, control and
management of the properties to the exclusion of petitioners. 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.
In its June 15, 2006 Order, the RTC 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. The
respondents contend upon the same.
In its Order dated February 16, 2007, the RTC revoked
the appointment of Dalisay as co-special administratrix, substituting her with
Erlinda. 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 April 23, 2007, or two (2) months after respondents
appointment as joint special administrators, petitioners filed a Motion for an
Inventory and to Render Account of the Estate, reiterating their stance that respondents, as joint special
administrators, should be directed to submit a true inventory of the income and
assets of the estate.
Respondents then filed a Motion for Exemption to File
Administrators Bond praying that they be allowed to enter their duties as
special administrators without the need to file an administrators bond due to
their difficulty in raising the necessary amount.
In an Order dated June 29, 2007, the RTC directed the
parties to submit their respective comments or oppositions to the pending
incidents, i.e., petitioners Motion for Inventory and to Render
Account, and respondents Motion for Exemption to File Administrators Bond.
Respondents filed their Comment and/or Opposition, stating that they have already filed a
comment on petitioners Motion for Inventory and to Render Account. They
asserted that the RTC should, in the meantime, hold in abeyance the resolution
of this Motion, pending the resolution of their Motion for Exemption to File
Administrators Bond.
On October 15, 2007, petitioners filed a Motion to
Terminate or Revoke the Special Administration and to Proceed to Judicial
Partition or Appointment of Regular Administrator.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. 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. 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. The RTC also appointed
Melinda as regular administratrix, subject to the posting of a bond in the
amount of P200,000.00, and directed her to submit an inventory of
the properties and an income statement of the subject estate. The RTC
likewise found that judicial partition may proceed after Melinda had assumed
her duties and responsibilities as regular administratrix.
Issues:
1.W/N the RTC is correct when it revoked respondents
appointment as special administrators for failing to post their administrators’
bond and to submit an inventory and accounting as required of them.
2. W/N the appointment of Melinda as a regular
administratix is proper.
Held:
1.The RTC is correct. The administration bond is for
the benefit of the creditors and the heirs, as it compels the administrator,
whether regular or special, to perform the trust reposed in, and discharge the
obligations incumbent upon, him. Its object and purpose is to safeguard
the properties of the decedent, and, therefore, the bond should not be
considered as part of the necessary expenses chargeable against the estate, not
being included among the acts constituting the care, management, and settlement
of the estate. Moreover, the ability to post the bond is in the nature of
a qualification for the office of administration.
2. The Court finds the RTCs designation of Melinda as
regular administratrix improper and abusive of its discretion. 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. 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 on March 26, 2008,
by virtue of which, Letters of Administration were issued to her the following
day, and that she filed an Inventory of the Properties of the Estate dated
April 15, 2008. 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. Furthermore, since it appears that the only unpaid
obligation is the hospital bill due from Leonardo’s estate, which is not
subject of this case, judicial partition may then proceed with dispatch.
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