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Rule 80 Case # 1

DALISAY E. OCAMPO, VINCE E. OCAMPO, MELINDA CARLA E. OCAMPO, and LEONARDO E. OCAMPO, JR., vs.
RENATO M. OCAMPO and ERLINDA M. OCAMPO
G.R. No. 187879 July 5, 2010

Nachura

Facts: Petitioners are the surviving wife and the children of leonardo ocampo who died Jan. 23, 2004. Leonardo
and his siblings respondents are the legitimate children and only heirs of spouses Vicenta and Maxima Ocampo
who died intestate.
Petitioners initiated a petition for intestate proceedings and alleged that upon the death of Vicente and Maxima
respondents and their brother Leonardo jointly controlled the estate of their parents. however, when leonardo
died, respondents took possession, control and mgt of properties to the exclusion of petitioners.
Respondent filed their opposition but was denied by the rtc. respondent reiterated their prayer for appointment of
joint special administrators.
Petitioners argued that they had been deprived of their fair share of income of the estate and the appointment of
respondents as special joint administrator would further cause injustice to them.

Ruling: A special administrator is an officer of the court who is subject to its supervision and control, expected to
work for the best interest of the entire estate, with a view to its smooth administration and speedy settlement.
When appointed, he or she is not regarded as an agent or representative of the parties suggesting the
appointment. The principal object of the appointment of a temporary administrator is to preserve the estate until
it can pass to the hands of a person fully authorized to administer it for the benefit of creditors and heirs, pursuant
to Section 2 of Rule 80 of the Rules of Court.[
While the rtc considered the respondents were the nearest kin of their deceased parents in their appointment as
joint special administrators, this is not a mandatory requirement for the appointment. It has long been settled that
the selection and removal of a special administrators is not governed by the rules regarding the selection and
removal of regular administrators. the probate court may appoint or remove special administrators based on the
grounds other than those enumerated in the rules at its discretion.
The appointment or removal of a special administrators, being discretionary, is thus interlocutory and may be
assailed through a petition for certiorari under rule 65 of the rules of court.
Wherefore, the petition is partially granted, the decision with respect to the revocation of the special
administration in favor of renato ocampo and erlinda ocampo is reinstated. The appointment of melinda carla
ocampo as regular administratrix is set aside.