CASE DIGEST
GOZUM V. PAPPAS
G.R. No. 197147
(Resolution), [February 3, 2021]
SECOND DIVISION, LOPEZ,
M.V
Succession; Wills; Letters of administration; Special Administrator
An alien can be appointed as administrator of an estate. The Rules of Court require residency in the Philippines for administrators, not Filipino citizenship.
In December 1993, Edmundo Cea passed away without a will. He left behind his wife Gloria Novelo and their children. A dispute emerged regarding the administration of his estate. Later, Gloria also died, leaving a will naming Salvio Fortuno as the executor. Salvio sought the probate of Gloria's will and was appointed as a special administrator for her estate. Norma, another child of Edmundo and Gloria, opposed this and sought her appointment as administrator. The cases were consolidated, and Norma was appointed as administratrix for Edmundo's estate after removal of Salvio, the original administrator, for perceived neglect of duties. Later, Norma was also appointed as special administrator for Gloria's estate.
This present petition raised the propriety
of the issuance of new letters of special administration in favor of Norma in
lieu of Salvio involving Gloria's estate. Diana and Salvio challenged Norma's
status as administratrix for being an American Citizen.
Whether Norma, an American citizen, be
appointed as administrator of the estates.
YES. Norma could be appointed as administrator despite her American citizenship. The Rules of Court require residency in the Philippines for administrators, not Filipino citizenship. Records show that she has been residing at Canaman, Camarines Sur since her return sometime in 2003. The court ruled that Norma's appointment was reasonable and valid, given her residence in the Philippines.
Whether the appointment of Norma as special administrator reasonable, and was Salvio's removal justified.
YES. The removal was justified as court determines Salvio unfit to be a special administrator for Gloria's estate given his earlier abandonment of duties as an administrator of Edmundo's estate.
The court justified Norma's appointment as special administrator for Gloria's estate due to her familiarity with the assets and the need to divide the conjugal properties. The Court found it logical, practical, and economical to appoint Norma as special administratrix of Gloria's estate. After all, she was already appointed as administratrix of Edmundo's estate and that the conjugal properties of Edmundo and Gloria remained undivided. With this setup, she could better facilitate the requisite division of the estates.
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