Ocampo vs.
Ocampo
G.R. No. 187879
July 5, 2010
FACTS:
PETITIONERS:
Vince Ocampo
Leonardo Ocampo Sr. Dalisay Ocampo Melinda Ocampo
Leonardo Ocampo Jr.
RESPONDENTS:
Vicente & Maxima Ocampo
Renato Ocampo Erlinda Ocampo Leonardo Ocampo Sr.
FACTS:
• 5 months after the death of Leonardo, petitioners initiated a
petition for intestate proceedings of the estate of Sps. Vicente
and Maxima Ocampo.
• Petitioners alleged that, upon the death of the Sps. Vicente &
Maxima, respondents and Leonardo jointly controlled,
managed, and administered the estate of their parents.
However, when Leonardo died, respondents tooke possession,
control and management of the properties to the exclusion of
petitioners.
• Petitioners prayed for the appointment of an administrator to
apportion, divide, and award the estates.
• Respondents filed a Counter-Petition praying that they be
awarded as special joint administrators instead.
FACTS:
• RTC appointed Dalisay and Renato as special joint
administrators.
• Respondents filed a Motion for Reconsideration insisting that
Dalisay was incompetent and unfit to be appointed as such
and asserted their priority in right to be appointed as
administrators being the next of kin of Sps. Vicente and
Maxima, whereas Dalisay was a mere daughter-in-law.
• RTC then revoked the appointment of Dalisay, substituting her
with Erlinda taking into consideration the fact that respondents
were the nearest of kin of the Sps. Viscente and Maxima.
FACTS:
• 2 months after the respondents appointment as joint special
administrators, petitioners filed a Motion for an Inventory and
to Render Account of the Estate. However, respondents were
nit able to comply with it hence the petitioners filed a Motion
to Terminate or Revoke their Special Administration.
• RTC granted petitioners’ Motion, revoking and terminating the
appointment of Renato and Erlinda as joint special
administrators. RTC then appointed Melinda as regular
administratrix.
• On appeal, respondents filed a petition for certiorari under
Rule 65, which the CA granted, finding that the lower court
gravely abused its discretion in revoking respondents
appointments.
• Petitioners filed a Motion for Reconsideraton which the CA
denied. Hence, this petition.
ISSUE:
Whether or not the trial
court acted with grave
abuse of discretion in
revoking and terminating
the appointment of Renato
and Erlinda as joint special
administrators.
RULING:
The court ruled that the trial court did not act with grave
abuse of discretion in revoking the appointment of the
respondents as special administrators.
A special administrator is an officer of the court who,
subject to its supervision and control, is expected to work
for the best interest of the entire estate, with a view to its
smooth administration and speedy settlement. When
appointed, he or she is not regarded as an agent or
representative of the parties suggesting the
appointment. The principal object of the appointment of
a temporary administrator is to preserve the estate until it
can pass to the hands of a person fully authorized to
administer it for the benefit of creditors and heirs,
pursuant to Section 2 of Rule 80 of the Rules of Court.
RULING:
While the RTC considered that respondents were the nearest
of kin to their deceased parents in their appointment as joint
special administrators, this is not a mandatory requirement for
the appointment.
It has long been settled that the selection or removal of
special administrators is not governed by the rules regarding
the selection or removal of regular administrators.
The probate court may appoint or remove special
administrators based on grounds other than those
enumerated in the Rules at its discretion. As long as the
discretion is exercised without grave abuse, and is based on
reason, equity, justice, and legal principles, interference by
higher courts is unwarranted.
RULING:
Consequently, the RTC revoked respondents appointemnt as
special administrators for failing to submit an inventory and
accounting as required of them, tantamount to failing to
comply with its lawul orders.
