6. NGO the Hua vs.

Kang
FACTS: Chiang Kiat Hua eldest child of the deceased Chung Lui by first wife Tan Hua was
appointed by the lower Court as administrator of the the deceased father estate, after it
was found out that NGO The Hua claiming to be the surviving spouse of the deceased
whom also petitioning to be appointed as administrator of subject estate was validly
divorced with the deceased. Chiang Kiat Hua appointment was opposed by Chung Kiat
Kang claiming to be nephew of the deceased and also to be appointed administrator of
said estate, citing Sec. 1 Rule 91 of the Rules of Court (declaration of the heirs shall only
take place after all debts expenses and taxes have been paid.)
ISSUE: Whether Kang has a right to intervene in administration proceeding of subject
estate.
HELD: NO. It is well settled that for a person to be able to intervene in an administration
proceeding concerning the estste of the deceased, it is necessary for him to have interest
in such estate. An interested party has been defined as one who would be benefited by the
estate such as an heir, or one who has claim against the estate such as creditor.
Appellant Kang is neither a creditor nor an heir in accordance with the civil code of Rep. of
China. Apellant having no interest over the estate either as creditor or an heir cannot be
appointed as co-administrator.