Lim vs, Diaz-Millarez, 18 SCRA 371 , No.

L-17633 October 19, 1966

FACTS:

Cirilo Lim, claiming to be a nephew of the late Jose Millarez who died intestate filed a petition
forhis appointment as judicial administrator of theestate of the deceased.- The petition alleged
that the deceased left norelatives such as descendants, ascendants orsurviving spouse, except
collaterals.- Basilisa Diaz-Millarez, claiming to be a widow of the deceased filed an opposition
on two grounds:1. That the petitioner has an adverse interest inthe estate; and 2. That the
properties of the estate are the subject matter of a litigation between her asplaintiff and Cirilo
Lim as defendant- When the case was called for hearing, bothparties manifested the existence
of a litigation between them over the properties of the estate.

TC dismissed petition.- Failing in his motion for the reconsideration, petitioner Lim, brought the
case to the CA which certified the appeal to SC.- In the Civil Case: Diaz-Millarez sought to
recover from Lim 1/2 of the total amount of P22,000 allegedly delivered to him by her and the
deceased Millarez on various occasions and to declare her as the owner of 1/2 of the profits and
gains derived therefrom, on the ground that Jose Millarez and she used to live as husband and
wife for about 23 years and as such she is entitled to1/2 of the property held in common by
them. She asserted further that since she contributed capital and labor to the tobacco business
in which she and the deceased were engaged and from which they gave P22, 000 in cash to
Lim, she would be entitled to 1/2 of the capital and 1/2 of the proceeds and profits derived from
such capital.

ISSUE

WON Lim may be appointed as administrator of the estate of the deceased.

HELD

- NO. The claim which Basilisa has against Ciriloin the civil case is based on her declared the
right to ½ of the estate of the deceased.

It cannot therefore, be denied that Cirilo Lim, asa relative of the deceased has some interest
adverse to that of Basilisa. Shown to have some liabilities to Basilisa and to the estate as a
whole, Cirilo cannot compatibly perform the duties of an administrator.- In this jurisdiction, one is
considered to be unsuitable for appointment as administrator when he has adverse interest of
some kind or hostility to those immediately interested in the estate.- The determination of a
person's suitability for the office of judicial administrator rests, to a great extent, in the sound
judgment of the court exercising the power of appointment and said judgment is not to be
interfered with on appeal unless the said court is clearly in error. Disposition Order appealed
from affirmed.