TAN VS GEDORIO

FACTS:
Upon the death of Gerardo Tan on Oct. 14, 2000, private respondents Rogelo 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 the estate, and that the nearest of kin,
being the legitmate children, is preferred in the choice of administrator (claiming that the
respondent were illegitmate children).However, upon failure of Vilma to follow a court
directive to account for the income of the estate, 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.
ISSUE:
Whether or not the court violated Sec. 6, Rule 78 of the Rules of Court in their selection
of a special administrator.
RULING:
The preference 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.
Comment:
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.