Tan v.

Gedorio
G.R. No. 166520, March 14, 2008

Facts:
Upon the death of Gerardo Tan on Oct. 14, 2000, private respondents Rogelo Lim Suga
and Helen Tan Racoma, who were claiming to be the children of the decedent moved for the
appointment of their attorney-in-fact, Romualdo Lim as special administrator. This was opposed
by the petitioner Vilma Tan, Jake Tan and Geraldine Tan, claiming that none of the respondents
can be appointed since they are not residing in the country, that Romualdo does not have the
same competence as Vilma Tan who was already acting as the de facto administratrix of the
estate, and that the nearest of kin, being the legitmate children, is preferred in the choice of
administrator (claiming that the respondent were illegitmate children).

However, upon failure of Vilma to follow a court directive to account for the income of
the estate, the court granted Romualdo's appointment as special administrator.

Petitioners appealed to the Court of Appeals and was denied, hence the petition for
review on certiorari.

Issue:
Whether or not the court violated Sec. 6, Rule 78 of the Rules of Court in their selection
of a special administrator.

Ruling:

The preference under Section 6, Rule 78 of the Rules of Court for the next of kin refers to
the appointment of a regular administrator, and not of a special administrator, as the appointment
of the latter lies entirely in the discretion of the court, and is not appealable.

If petitioners really desire to avail themselves of the order of preference , they should
pursue the appointment of a regular administrator and put to an end the delay which necessitated
the appointment of a special administrator.