G.R. No. L-12132, December 22, 1958
Intestate Estate of the deceased Mariano Cotia. Elena Cotia, et al., petitioners-appellants, vs. Maria Jimenez, et al., oppositors-appellees.

FACTS

Elena Cotia was appointed administratrix of the intestate estate of Mariano Cotia on June 13, 1950. She failed to submit an account of her administration up to June 18, 1955. Upon motion of the oppositors-appellees, the lower court ordered her to submit said accounting. During the hearing on the statement of accounts she subsequently presented, it was established that she had spent the total sum of P64,650 for family expenses and attorney’s fees without prior judicial authority. The oppositors-appellees filed a motion for her removal as administratrix, citing her neglect to submit the required accounting and to settle the estate, as well as her unauthorized disbursements. The Court of First Instance of Manila issued an order relieving Elena Cotia as administratrix and appointing the Philippine Trust Company in her stead.

ISSUE

Whether the lower court committed an abuse of discretion in removing Elena Cotia as administratrix of the estate.

RULING

The Supreme Court held that the lower court did not abuse its discretion in removing the administratrix, Elena Cotia. The appealed order finds express sanction in Section 2, Rule 83, of the Rules of Court, which allows the court to remove an administrator who neglects to render an account and settle the estate according to law. Furthermore, the payment of family expenses and attorney’s fees totaling P64,650 from the estate without prior court authority was seemingly in disregard of Section 3, Rule 84, of the Rules of Court, which provides that allowances for the widow and minor or incapacitated children shall be received under the direction of the court. The appealed order was affirmed.