The document discusses the revocation of administration, death, resignation, and removal of executors and administrators under Philippine law. It covers four key sections: (1) Proceedings for revocation if a will is discovered after administration has begun; (2) Grounds and proceedings for a court to remove or accept the resignation of an executor or administrator; (3) Acts of an executor or administrator are valid until revocation, resignation, or removal; (4) Powers of a newly appointed executor or administrator, including renewing licenses. The case example shows the court improperly removed an administrator without cause and committed grave abuse of discretion.

1. REVOCATION OF ADMINISTRATION,
DEATH, RESIGNATION, AND REMOVAL
OF EXECUTORS AND ADMINISTRATORS
Almujer U. Ammang

2.  Proceedings of revocation of administration
upon discovery of will;
 Proceedings upon death, resignation, or
removal of executor or administrator;
 Acts before revocation, resignation, or removal
to be valid;
 Powers of new executor or administrator.
Renewal of license to sell real estate.

3. Administration revoked if will discovered. Proceedings
thereupon.

4. SECTION 1
In the event that a person dies
and no will is instantly found
after his/her death, that
person is deemed to have died
“INTESTATE” giving room for
the legality of granting letters
of administration…
However, if a will eventually
resurfaces after the
appointment of an
administrator, and the
newfound will is proved and
allowed by the court, the rules
in section 1 is applied which
provides for the following:
 The letters of administration
shall be revoked;
 acting administrator will lose
all powers of administration;
 Letters of administration will
have to be surrendered in
court;
 Administrator will have to
render an account within the
period set forth by the court;
 Proceedings for the issuance
of letters testamentary or of
administration shall be
provided for.
*mere discovery of a document purporting to be the last
will of a deceased person does not, ipso facto, nullify
the issued letters of administration until said “will” is
probated.

5. Court may remove or accept resignation of executor or
administrator. Proceedings upon death, resignation, or
removal.

6. SECTION 2
The court has discretionary
powers to either remove or
accept resignation of an
executor or administrator in
case the
executor/administrator
commits the following:
 Neglects to render an account;
 Settle the estate according to law;
 Fails to perform a court
order/judgment/other duty expressly
provided for;
 Absconds;
 Becomes insane;
 Becomes incapable/unsuitable to carry
out his/her role;
In such case, the court may remove him or
may permit him to resign
 In case administration is jointly carried out
by another individual, that individual may
resume as a sole administrator or the court
may appoint another individual to take the
place of the erstwhile administrator.
 If no originally appointed administrator is
left, the court may appoint any suitable
individual to perform the task.
*temporary absence is not a ground for removal as an
administrator
*grounds for removal is not exclusive

7. Acts before revocation, resignation, or removal to be valid.

8. SECTION 3
What acts before revocation,
resignation, or removal of an
administration are valid?
 Only lawful acts or acts in
good faith of an
executor/administrator
before the revocation of the
letters of administration are
valid.

9. Powers of new executor or administrator. Renewal of license
to sell real estate.

10. SECTION 4
Like literally stepping in the
shoes of the removed
administrator, the newly
appointed administrator will
have the same powers as the
old one and will take up where
the old one has left.
 Like the old administrator, the
new administrator shall have
the following powers:
 Power to collect and settle the
estate;
 Prosecute or defend actions
commenced by the old
administrator;
 Execute judgments recovered in
the name of former executor;
 In case the old executor is
authorized to sell/mortgage the
estate, the new one may renew
such authority without further
need for notice or hearing.
*order of removal is appealable

11.  FACTS:
 Beatriz F. Gonzales and Teresa Olbes were appointed by the court as co-administratrices of the estate of
Gonzales Vda. de Favis. While Beatriz was in the US, Olbes filed a motion to remove the former as co-
administatrix, on the ground that she is incapable or unsuitable to discharge the trust and had committed acts
and omissions detrimental to the interest of the estate and the heirs which prompted the court to issue
an order requiring Beatriz and the other parties to file their opposition. Only Asterio Favia opposed the
removal of Beatriz as co-admistratrix, as the latter was still in the United States attending to her ailing
husband. The Judge cancelled the letters of administration granted to Beatriz and retained Olbes as the
administratrix of the estate. The court reasoned that Beatriz has been absent from the country as she is in the
United States and she has not returned even up to this date and her removal is necessary so that the estate will
be administered in an orderly and efficient manner. Beatriz moved to reconsider the order but was denied.
Beatriz now contends to nullify the court order on the ground of grave abuse of discretion, as her removal was
not shown by Olbes to be anchored on any of the grounds provided under Section 2, Rule 82.
 ISSUE:
 Whether or not the court committed a grave abuse of discretion on removing Beatriz F. Gonzales as co-
administratrix?
 RULING:
 Section 2 of Rule 82 provides that the following are grounds for removal of an administrator:
 Neglects to render an account;
 Settle the estate according to law;
 Fails to perform a court order/judgment/other duty expressly provided for;
 Absconds;
 Becomes insane;
 Becomes incapable/unsuitable to carry out his/her role;
 As the appointment of Beatriz F. Gonzales was valid, and no satisfactory cause for her removal was shown, the
court a quo gravely abused its discretion in removing her. Stated differently, Beatriz F. Gonzales was removed
without just cause. Beatriz is ordered reinstated as co-administatrix of said estate.