LAW ON SUCCESSION | KALAW VS. IAC, G.R. NO. 74618, SEPTEMBER 2, 1992

KALAW VS. IAC,

G.R. NO. 74618, SEPTEMBER 2, 1992

 

TOPIC/DOCTRINE

The settled rule is that the removal of an administrator under Section 2 of Rule 82 lies within the discretion of the Court appointing him.

 

FACTS

The removal of petitioner as administratrix was on the ground of her failure for 6 years and 3 months from the time she was appointed as administratrix to render an accounting of her administration as required by Section 8 of Rule 85 of the Rules of Court."

 

ISSUE

Whether the removal of the administrator is correct despite subsequent compliance.

 

RULING

Yes.

 

RULING

The court ruled that subsequent compliance in rendering an accounting report did not purge her of her negligence in not rendering an accounting for more than six years, which justifies petitioner’s removal as administratrix and the appointment of private respondent in her place as mandated by Section 2 of Rule 82 of the Rules of Court. As correctly stated by the appellate court: "The settled rule is that the removal of an administrator under Section 2 of Rule 82 lies within the discretion of the Court appointing him. As aptly expressed by the Supreme Court in the case of Degala v. Ceniza and Umipig, 78 Phil. 791, ‘the sufficiency of any ground for removal should thus be determined by said court, whose sensibilities are, in the first place, affected by any act or omission on the part of the administrator not comfortable to or in disregard of the rules or the orders of the court.’ Consequently, appellate tribunals are disinclined to interfere with the action taken by a probate court in the matter of the removal of an executor or administrator unless positive error or gross abuse of discretion is shown. (Borromeo v. Borromeo, 97 Phil. 549; Matute v. Court of Appeals, 26 SCRA 768.)

Here, the court ruled that the removal of petitioner as administratrix was on the ground of her failure for 6 years and 3 months from the time she was appointed as administratrix to render an accounting of her administration as required by Section 8 of Rule 85 of the Rules of Court."







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