IQUINA, EUNICE I.

JD3 Special Proceedings

1. Is the order of the judge appointing a regular administrator appealable? What about
the appointment of special administrator, is it appealable too? (5)

Yes, the order of the judge appointing a regular administrator is appealable because such order
is a final order.

No, the appointment of a special administrator is not appealable because such is an

interlocutory order.

2. A bond is needed for the administrator to assume his/her position? What is the nature
of the bond? Is it statutory? What are the conditions attached to the bond? (10)

Yes, a bond is generally needed for an administration to assume his position as provided for in
Section 1 of Rule 81.

The ability to give a bond is in the nature of a qualification for the office of the executor or
administrator.

Yes, a bond is statutory as it is required by Rule 81.

The conditions attached to the bond which the administrator or executor must undertake are:
a. To make and return to the court, within three (3) months, a true and complete inventory
of all goods, chattels, rights, credits, and estate of the deceased which shall come to his
possession or knowledge or to the possession of any other person for him;
b. To administer according to these rules, and, if an executor, according to the will of the
testator, all goods, chattels, rights, credits, and estate which shall at any time come to
his possession or to the possession of any other person for him, and from the proceeds
to pay and discharge all debts, legacies, and charges on the same, or such dividends
thereon as shall be decreed by the court;
c. To render a true and just account of his administration to the court within one (1) years,
and at any other time when required by the court;
d. To perform all orders of the court by him to be performed

3. In the case of de Borja vs. Tan (93 Phil. 167), will the absence of a notice to interested
parties before the hearing of the petition for letters administration a fatal defect? Will it
render the letters granted null and void? (15)

Yes, the absence of a notice to interested parties before the hearing of petition for letters
administration is a fatal defect.

In the case of de Borja v. Tan, the defect was cured when the parties filed a motion for
reconsideration where they were accorded full hearing.

No, the letters administration granted will not be rendered null and void.
IQUINA, EUNICE I. JD3 Special Proceedings

The law provides that it is not the absence of the previous notice that is prohibited. What is
prohibited is the absolute absence and lack of opportunity of the parties to be heard.

4. What is the degree of diligence needed for the administrator in taking care of the estate
of the decedent? (5)

Extraordinary or high diligence is needed for the administrator in taking care of the estate of the
decedent because as the law provides such duties of the executor or administrator are duties of
trust and confidence entrusted to them by the decedent.

5. In the case of Lao vs. Lao (90 Phil.868), in case there is a special administrator
appointed, for the time being, is a formal order of revocation of the letters necessary in
case a regular administrator is now appointed? Is the removal of the special
administrator automatic? (15)

No, a formal order of revocation of the letter is not necessary in case a regular administrator is
appointed.

Based on the case of Lao vs. Lao, once the regular administrator is appointed and is qualified,
the powers of the special administrator automatically ceases and the regular administrator
succeeds to all the rights of the special administrator.