Regular Administrator Special Administrator

RULE 80
Sec.1 – Appointment of special administrator
Nature of office
 An officer of court subject to latter’s supervision and control, ecpected to work for the best
interest of the entire state , with a view to itssmooth administration and speedy settlement
 Appointment is justified when:
o There is delay in granting letters testamentary (in case decedent leaves behind a will);
or
o Administration (in the event that the decedent left a will)occasioned by any cause.
 When appointed, he is not regarded as an agent or representative of the parties
 Principal object of appointment is the preservation of 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 Sec. 2
of Rule 80
 Appointment is within court’s discretion, but such discretion must be exercised with reason,
guided by directives of equity, justice and legal principles
 A court is not required to follow the order of preference prescribed under Rule 78, Sec 6,for the
appointment of special administrator
 The preference of surviving spouse is not appointment as special administrator, just a regular
administratrix.
 The appointment of a special administrator lies within the discretion of the probate court. While
the rule is that the order of the preference for a regular administrator need not be followed in
the appointment of a special administrator, the SC has recognized that a court may take into
account such principles in the appointment of a special administrator.
Distinguished from regular administrator
REGULAR ADMINISTRATOR SPECIAL ADMINISTRATOR

May be appealed Order is interlocutory, hence not appealable, so
certiorari under rule 65 is the remedy
One of the obligations is to pay and discharge all Special administrator is not empowered to pay the
the debts of the estate estate’s debt
Instances when appointment is made by the court: Instances when appointment is made by the court:
1. Decedent dies intestate 1. There is delay in the granting of letters
2. Decedent fails to appoint an executor in testamentary administration
the will 2. When the executor or administrator is
3. The will was disallowed claimant against the estate, but only as to
the portion over which there is claim
When special administrator appointed

1. When there is delay in granting letter testamentary or of administration by any cause including
an appeal from allowance or disallowance of a will;
a. The delay is due to any cause
b. the special administrator’s power exist until the questions causing the delay are decided
or when the executor or administrator is appointed.
c. Basis for appointing a SA is broad enough t include any cause for the delay (ex. Where
the contest to the will is pending in same or another court,when there is pending appeal
on the removal of an executor or administrator, when parties cant agree, when general
admin can’t be immediately granted)
d. Ocampo vs. Ocampo:
In as much as there was a disagreemet as to who should be appointed as

administrator of the estate of Vicente and Maxima, the RTC, acting as a probate
court, deemed it wise to appoint joint special administrators pending the
determination of the person or persons to whom letters of administration may be
issued. The RTC was justified in doing so considering that such disagreement
caused undue delay in the issuance of letters of administration, pursuant to Sec.1
Rule 80.
2. When the executor or administrator is a claimant against the estate he represents. In this case,
SA administers only a portion over which there is a claim.
Rule 79, Sec. 3 must be followed in the appointment of a special administrator
A probate court MAY NOT act on and or grant motions for the appointment of a special administrator,
for the issuance of a writ of possession of alleged properties of the deceased person, and for assistance
to preserve the estate in the petition for the settlement of the intestate estate even before the court
has caused notice to the served upon all interested parties pursuant to Section 3, Rule 79 of ROC.
De Guzman vs. Angeles:
Notice through publication of the petition for the settlement of the estate of a deceased person
is jurisdictional, the absence of which makes court orders affecting other persons, subsequent to
the petition void and subject to annulment.
In the instant case, no notice as mandated by Sec.3, Rule 79, was caused to be given by the
probate court before it acted on the motions of the private respondent to be appointed as
special administratrix, to issue a writ of possession of alleged properties of the deceased person,
in the widow’s favour and to grant her motion for assistance to preserve the estate of Manolito
de Guzman.
Order appointing special administrator not appealable
Appointment of special administrator is an interlocutory or preliminary order to the main case

for the grant of letters of administration in a testate or intestate proceeding. The appointment or
removal of special administrators,being discretionary, is thus interlocutory and may be assailed
througha petition for certiorari under Rule 65.
Sec. 2 Powers and duties of special administrator
(COPY RULE HERE)
The selection or removal of special administrators is not governmed by the rues regarding the selection
or removal of regular administrators. Courts may appoint or remove special administrators based on
grounds other than those enumerated under the Rules, at their discretion. As long as the said discretion
is exercised without grave abuse, higher courts will not interfere with it. This, however, is no authority
for the judge to become partial, or to make his personal likes and dislikes prevail over, or his passions to
rule, his judgment.
Thus, even if a special administrator had already been appointed, once the court finds the appointee no
longer entitled to its confidence, it is justified in withdrawing the appointment and giving no valid effect
thereto. The special administrator is an officer of the court who is subject to its supervision and control
and who is expected to work for the best interest of the entire estate, especially with respect to its
smooth administration and earliest settlement.
Sec. 3 When powers of special administrator cease
Transfer of effects
Pending suits
RULE 79
OPPOSING ISSUANCE OF LETTERS TESTAMENTARY PETITION AND CONTEST FOR LETTERS OF

ADMINISTRATION
COPY SECTION 1 HERE
INTERESED PERSON – one who stands to be benefitted such as the heir, or one who has a claim against
the estate, such as a creditor.
- The interest must be material and direct and not merely indirect or contingent
- Where the right of the person filing a petition for the issuance is dependent on a fact yet to be
established or worse, cannot be established, such contingent interst does not make her an
interested party.
- Heir interested on the issuance must be forced heirs.
- Del Cammpo vs. Calderon: Only forced heirs whose rights have been prejudiced have the right
to intervene in a case of this character.
- Maloles vs. Phillips: Even if nearest kin, cannot be considered a forced heir. It is a fundamental
rule in testamentary succession that one who has no compulsory heir or forced heirs may
dispose of his entire estate by will.
- COPY ART. 842 HERE
- The Rule does not require that the oppositor be qualified as administrator
- A person may oppose the petition for probate without simultaneously seeking appointment as
administrator.
- As an example, an heir who is a minor may oppose the appointment of his drunkard brother as
administrator of their parents’ estate.
- In such case, even if the minor is disqualified as administrator, he is given standing to contest
the appointment of an incompetent person.
COPY SEC. 2 HERE
- The contentsof a petition for letter of administration is similar to the contents of a petition for
probate of a will
- Onl difference: In a probate of will, the name of the will’s custodian is required to be stated if
the will has not yet been delivered to the court.
- The jurisdictional facts required in a petition for issuance of letters of administration are:
o The death of the testator
o Residence at the time of death in the province where the probate court is located
o If the decedent was a non-resident, the fact of being a resident of a foreign country and
that the decedent has left an estate in the province where the court is sitting.
- COPY SEC. 3 HERE
Publication and notice are jurisdictional
- The absence of these make court orders affecting other persons, subsequent to the petition,
void and subject to annulment.
- Absence of this, the court does not acquire jurisdiction
- Therefore, the court has the following obligations:
o Fix the time and place of hearing
o Cause notice of the time and place of hearing to be given to
 Decedent’s known heirs
 Decedent’s known creditors
 Other persons believed to have interest in the estate
 (if their names are addresses are known)
- Following Rule 76 Sec. 3, notice must be published in the newspaper of general circulation in the
province where the court has jurisdiction once a week for 3 consecutive weeks. Also in Sec. 4,
either by personal service or registered mail.
COPY SEC. 4 HERE
Any person interested in a will may oppose in writing the issuance of letters testamentary to
persons named as executors, and at the same time file petition for letter of administration with will
annexed.
COPY SEC. 5 HERE
COPY SEC. 6 HERE

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RULE 80

Sec.1 – Appointment of special administrator

Distinguished from regular administrator

REGULAR ADMINISTRATOR SPECIAL ADMINISTRATOR

When special administrator appointed

In as much as there was a disagreemet as to who should be appointed as

Rule 79, Sec. 3 must be followed in the appointment of a special administrator

De Guzman vs. Angeles:

Order appointing special administrator not appealable

Appointment of special administrator is an interlocutory or preliminary order to the main case

Sec. 2 Powers and duties of special administrator

(COPY RULE HERE)

Sec. 3 When powers of special administrator cease

OPPOSING ISSUANCE OF LETTERS TESTAMENTARY PETITION AND CONTEST FOR LETTERS OF

COPY SECTION 1 HERE

COPY SEC. 2 HERE

Publication and notice are jurisdictional

COPY SEC. 5 HERE

COPY SEC. 6 HERE

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