CASE DIGEST UNDER RULE 80 (SECTION 1-3)

TAN vs. GEDORIO, JR.

G.R. No. 166520 March 14, 2008
CHICO-NAZARIO, J.:
FACTS:
- Gerardo Tan died leaving no will.
- Upon his death on Oct. 14, 2000, private respondents Rogelio Lim Suga and Helen Tan
Racoma, who were claiming to be the children of the decedent moved for the
appointment of their attorney-in-fact, Romualdo Lim as special administrator.

- This was opposed by the petitioner Vilma Tan, Jake Tan and Geraldine Tan, claiming
that none of the respondents can be appointed since they are not residing in the
country, that Romualdo does not have the same competence as Vilma Tan who was
already acting as the de facto administratrix of Gerardo’s estate, and that the nearest
of kin, being one of the legitimate children, is preferred in the choice of administrator
(claiming that the respondent were illegitimate children).

- The Court appointed Vilma Tan as the de facto administrator, however, due to the fact
that she did not comply with her duties as such, the court granted Romualdo's
appointment as special administrator. Petitioners appealed to the Court of Appeals
and was denied, hence the petition for review on certiorari under Rule 45 of the Rules
of Court.
ISSUE: Whether or not the court erred in denying petitioner’s plea to be given primacy in the
administration of their father’s estate.
HELD:
No. The order of preference of appointment in the appointment of a regular administrator
provision does not apply to the selection of a special administrator. The order of preference
which the petitioners speak of under Section 6, Rule 78 of the Rules of Court for the next of
kin refers to the appointment of a regular administrator, and not of a special administrator,
as the appointment of the latter lies entirely in the discretion of the court, and is not
appealable. If petitioners really desire to avail themselves of the order of preference, they
should pursue the appointment of a regular administrator and put to an end the delay which
necessitated the appointment of a special administrator.
The court was correct in granting the appointment of Romualdo as special administrator since
it was shown that Vilma was in remiss after failing to follow the series of directives and
extension given to her to account for the estate.