Matias vs. Gonzales, etc., et al., 101 Phil. 852 , No.

L-10907 June 29, 1957

FACTS:
Aurea Matias initiated said special proceedings with a petition for the probate of a
document purporting to be the last will and testament of her aunt, Gabina Raquel, who
died single, at the age of 92 yrs old.
Basilia Salud, a first cousin of the deceased, opposed the probate of her alleged will,
and, after appropriate proceedings, respondent Judge issued an order, sustaining said
opposition and denying the petition for probate.
Basilia Salud moved for the dismissal of Horacio Rodriquez, as special administrator of
the estate of the deceased and the appointment in his instead of Ramon Plata.
Respondent Judge by an order found Rodriguez guilty of abuse of authority and relieved
him as special administrator and appointed Basilia Salud as special administratrix
thereof.
Aurea Matias, asked the said order to set aside and that she be appointed special co-
administratrix on the ground that Basilia is over 80 yrs of age

ISSUE: WON, to appoint more than two special administrators is valid.

HELD: Set Aside.

In Roxas vs Pecson, the Supreme Court ruled that “only one special administrator may
be appointed administrator temporarily” the estate of the deceased must be considered
in the light of the facts obtaining in said case.
In the case at bar, there is only one special administrator, the powers of which shall be
exercised jointly by two special co – administrators.