SUNTAY v.

SUNTAY
G.R. No. 183053
June 16, 2010
Emilio
Suntay
III
petitioners
responden Isabel Cojuangco-Suntay

NACHURA, J.

Villarroya

ts
summary Cristina Suntay died leaving her husband and 5 grandchildren (3 legit, 2 illegit).
Before she died, she and her husband adopted the 2 illegit grandchildren, one
of whom was petitioner. Respondent (legit grandchild) filed a petition praying
that letters of administration be granted to her. Husband opposed invoking the
order of preference and thereafter nominating petitioner to act in his stead. SC
ruled that the order of preference is not absolute nor does it rule out the
appointment of co-administrators. The appointment of an administrator
depends on the sound discretion of the trial court, taking into consideration the
circumstances of each case.

facts of the case

Cristina Aguinaldo-Suntay died, leaving as heirs her husband Federico and her grandchildren
(3 legitimate and 2 illegitimate). Prior to her death, Cristina and Federico adopted their 2
illegitimate grandchildren, one of whom was herein petitioner Emilio Suntay III). The spouses
were estranged from their 3 legitimate grandchildren.
Respondent Isabel Suntay (one of the legitimate grandchildren) filed a petition for the
issuance of letters administration in her favor. Federico opposed on the ground that he should be
the one appointed, considering that he is the surviving spouse. Thereafter, Federico nominated
petitioner Emilio III to be administrator in his stead.

issues

Whether or not Emilio III should be appointed administrator. Petitioner Emilio III and
respondent Isabel Suntay should be co-administrators.

ratio

Section 6, Rule 78 of the Rules of Court1 lists the order of preference in the appointment of an
administrator of an estate. However, the order of preference is not absolute for it depends on the
attendant facts and circumstances of each case.
Jurisprudence has long held that the selection of an administrator lies in the sound discretion
of the trial court. In the main, the attendant facts and circumstances of this case necessitate, at
the least, a joint administration by both respondent and Emilio III of their grandmothers,
Cristinas, estate.
In the appointment of an administrator, the principal consideration is the interest in the
estate of the one to be appointed. The order of preference does not rule out the appointment of
co-administrators, specially in cases where justice and equity demand that opposing parties or
factions be represented in the management of the estates, a situation which obtains here.
1 SEC. 6. When and to whom letters of administration granted. If no executor is named in the will, or the executor or executors are
incompetent, refuse the trust, or fail to give bond, or a person dies intestate, administration shall be granted:(a) To the surviving
husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving
husband or wife, or next of kin, requests to have appointed, if competent and willing to serve;
(b) If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling,
or if the husband or widow, or next of kin, neglects for thirty (30) days after the death of the person to apply for administration or to
request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if
competent and willing to serve;
(c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.