Special Proceeding

1. SPECIAL ADMINISTRATOR

2. When may the court appoint a
Special Administrator?
 When there is delay in granting letters testamentary or of
administration by any cause including an appeal from the
allowance or disallowance of a will, the court may appoint a
special administrator to take possession and charge of the
estate of the deceased until the questions causing the delay
are decided and executors or administrators appointed.
 A special administrator may also be appointed if the
executor or administrator is a claimant against the estate he
represents.

3. What is the effect of the
appointment of a special
administrator?
 It means or implies a denial of the power to appoint a
regular administrator during the pendency of the
appeal. (De La Cavada vs. Butte, 100 Phil. 635)

4. State the powers and duties of a
Special Administrator
 The are:
 To take possession and charge of the goods, chattels,
rights, credits, and estates of the deceased and preserve
the same for the executor or administrator afterwards
appointed;
 To commence and maintain suits;
 To sell such perishable or other property as the court
orders sold; and
 to pay such debts of the deceased only upon orders of
the court. (Sec. 2)

5. In case of suits for payment of
debts of the deceased, may the
special administrator be made a
defendant?
Yes. In Liwanag va. Reyes, Sept. 29, 1964, the SC said
that for purposes of paying the debts of the decedent,
the special administrator may be made a defendant in
a foreclosure suit.

6. When shall the power of a Special
Administrator cease to operate?
The moment letters testamentary or administration
are granted on the estate of the deceased, the powers
of a special administrator shall cease.

7. What shall be done by the Special
Administrator after his powers
shall have ceased?
o He shall forthwith deliver to the executor or
administrator the goods, chattels, money, and estate of
the deceased in his hands.
o The executor or administrator may prosecute to final
judgment suits commenced by such special
administrator. (Sec. 3)

8. What is the basis of the
appointment and removal of a
Special Administrator?
They are based on the sound discretion of the court
and is not appealable. ( De Gala vs. Gonzales, 53 Phil.
104; Pijuan vs. Vda. De Gurrea, L-21917, Nov. 29, 1966)

9. Administrator for the conjugal
estate and another Special
Administrator for the estate of the
deceased spouse?
 As a rule, no, because only one special administrator may be
appointed to administer an estate temporarily. ( Roxas vs.
Pecson, 82 Phil. 407).
 However, if there are two factions among the heirs and the court
deems it best to appoint more than one Special Administrator,
justice and equity demand that both factions be represented in
the management of the estate of the deceased.
 But, even in such case, there is only one Special Administration,
the powers of which shall be exercised jointly by two Special
Administrators. (Matias vs. Gonzales, 101 Phil. 852)

10. May an executor be appointed
Special Administrator during the
pendency of the appeal form the
order admitting a will to probate?
 Yes, because the appointment of a special
administrator is based on the sound discretion of the
court. (Ozeata vs. Pecson, 93 Phil. 416)

11. Is it possible for a legatee to
intervene in the appointment of an
administrator?
Yes, because the legacy gives him sufficient personality
to act in protection of his rights granted by the will. (De
La Cavada vs. Butte)

12. What is the extent of the power of
the court in the appointment of a
special administrator?
 The appointment of a Special Administrator lies in the
sound discretion of the probate court. ( De Gala vs.
Gonzales, 53 Phil. 104, 1929)
 A Special Administrator is a representative of a
decedent appointed by the probate court to care for
and preserve his estate until an executor or general
administrator is appointed. (Fule vs. CA, 74 SCRA 189)

13. What is the extent of the power of
the court in the appointment of a
special administrator?
 When appointed, a Special Administrator is regarded
not as representative of the agent of the parties
suggesting the appointment, but as the administrator
in charge of the estate, and in fact, as an officer of the
court. (de Guzman vs. Guadiz, 96 SCRA 938)

14. What is the extent of the power of
the court in the appointment of a
special administrator?
 As such officer, he is subject to the supervision and
control of the probate court and is expected to work
for the best interests of the entire estate, especially its
smooth administration and earliest settlement. (
Valarao vs. Pascual, GR-50164, 2002)

15. What is the extent of the power of
the court in the appointment of a
special administrator?
 The principal object of appointment of a temporary
administrator is to preserve the estate until it can pass into the
hands of a person fully authorized to administer it ofr the benefit
of creditors and heirs.
 In many instances, the appointment of administrators for the
estate of the decedents frequently become involved in protracted
litigations, thereby exposing such estates to great waste and
losses unless an authorized agent to collect the debts and
preserve the assets in the interim is appointed. The occasion for
such an appointment, likewise, arises where, for some cause,
such as a pendency of a suit concerning the proof of the will,
regular administration is delayed. (Heirs of Belinda Dahlia
castillo vs. Dolores Lacuata-Gabriel GR-162934, 2005)

16. Have the New Rules broadened the
basis for the appointment of an
administrator?
 Yes. The New Rules have broadened the basis for the
appointment of an administrator, and such
appointment is allowed when there is delay in granting
letters testamentary or administration for any cause, e.
g., parties cannot agree among themselves.
 Nevertheless, the discretion whether to appoint a
Special Administrator or not, lies in the probate court.
(Heirs of Belinda Dahlia castillo vs. Dolores Lacuata-
Gabriel GR-162934, 2005)

17. When the court appoints a Special
Administrator, does it determine
the share of the heirs in the
estate?
 No. In the appointment of a Special Administrator (which
is but temporary and subsists only until a regular
administrator is appointed), the probate court does not
determine the shares in the decedent’s estate, but merely
appoints who is entitled to administer the estate. The issue
of heirship is one to be determined in the decree of
distribution, and the findings of the court on the
relationship of the parties in the administration as to be
the basis of distribution. (Uy vs. CA)

18. appointment of a special
administrator as distinguished
from the appointment of a regular
administrator?
 Sec. 6, Rule 78 of the ROC referes to the appointment
of regular administrators of estates; Sec. 1, Rule 80, on
the other hand, applies to the appointment of a special
administrator. It has been long settled that the
appointment of a special administrator is not governed
by the rules regarding the appointment of a regular
administrator. (Ozeata vs. Pecson)

19. What rules govern the
appointment of a special
administrator as distinguished
from the appointment of a regular
administrator?
 It is well-settled that the statutory provisions as to the
prior or preferred right of certain persons to the
appointment of an administrator under Sec. 1, Rule 81,
as well as the statutory provisions as to causes for
removal of an executor or administrator under Section
653 of Act no. 190, now Sec. 2, Rule 83, do not apply to
the selection or removal of a special administrator.

20. administrator as distinguished
from the appointment of a regular
administrator?
 As the law does not say who shall be appointed as
special administrator and the qualifications the
appointee must have, the judge or court has discretion
in the selection of the person to be appointed,
discretion which must be sound, that is, not whimsical
or contrary to reason, justice or equity. (Roxas vs
Pecson; Uy vs. CA)