This case has been cited 1 times or more.
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2005-05-26 |
AUSTRIA-MARTINEZ, J. |
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| (A) THE LATE CONSUELO R. JAMERO DIED INTESTATE, LEAVING NO DEBTS. HENCE, THE APPOINTMENT OF A SPECIAL ADMINISTRATOR IS NOT NECESSARY AS IT WOULD ONLY UNDULY BURDEN OR OTHERWISE EXPOSE THE ESTATE TO BEING WASTED OR SQUANDERED. (B) ASSUMING ARGUENDO THAT A SPECIAL ADMINISTRATOR IS NECESSARY, THE ORDER OF PREFERANCE PRESCRIBED BY THE RULES IN THE APPOINTMENT OF REGULAR ADMINISTRATOR SHOULD HAVE BEEN OBSERVED. THUS, THE TRIAL COURT SHOULD HAVE DESIGNATED THE PETITIONER WHO POSSESSES BENEFICIAL INTERESTS AS A CO-OWNER OF THE ESTATE, RATHER THAN ATTY. ALBERTO Y. BAUTISTA WHO IS ONLY A THIRD PARTY. (C) ASSUMING, FURTHER, THAT THE DESIGNATION OF ATTY. ALBERTO BAUTISTA WHO IS A THIRD PARTY IS PROPER, THE AUTHORITY OF A SPECIAL ADMINISTRATOR CANNOT BE EXERCISED IN DEROGATION OF THE RIGHTS OF PETITIONER AS A CO-OWNER OF THE PROPERTIES FORMING PART OF THE ESTATE. [6] Private respondent Ernesto Jamero who was not a party in CA-G.R. SP No. 53020 filed his Comment contending that in the absence of clear, convincing and satisfactory proof that the decision is outrageously wrong, conspicuously mistaken and whimsically arrived at, the judgment of the CA must be regarded as final, citing Macapagal vs. CA, et al.[7] and Bustamante, Jr. vs. NLRC.[8] | |||||