THE APPOINTMENT OF A SPECIAL ADMINISTRATOR LIES WITHIN THE DISCRETION OF THE COURT.

In Heirs of Belinda Dahlia A. Castillo v. Lacuata-Gabriel, G.R. No. 162934, November 11, 2005, 474 SCRA 747, 759-760, it was stated that:

“It is well settled that the statutory provisions as to the prior or preferred right of certain persons to the appointment of administrator under Section 1, Rule 81, as well as the statutory provisions as to causes for removal of an executor or administrator under section 653 of Act No. 190, now Section 2, Rule 83, do not apply to the selection or removal of special administrator. x x x As the law does not say who shall be appointed as special administrator and the qualifications the appointee must have, the judge or court has discretion in the selection of the person to be appointed, discretion which must be sound, that is, not whimsical or contrary to reason, justice or equity. (Emphasis supplied; citation omitted.)

This principle was reiterated in the Ocampo case, where the Supreme Court ruled that: “While the RTC considered that respondents were the nearest of kin to 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 or removal of special administrators is not governed by the rules regarding the selection or removal of regular administrators. The probate court may appoint or remove special administrators based on grounds other than those enumerated in the Rules at its discretion, such that the need to first pass upon and resolve the issues of fitness or unfitness and the application of the order of preference under Section 6 of Rule 78, as would be proper in the case of a regular administrator, do not obtain. As long as the discretion is exercised without grave abuse, and is based on reason, equity, justice, and legal principles, interference by higher courts is unwarranted (Emphasis supplied.)

While the trial court has the discretion to appoint anyone as a special administrator of the estate, such discretion must be exercised with reason, guided by the directives of equity, justice and legal principles. It may, therefore, not be remiss to reiterate that the role of a special administrator is to preserve the estate until a regular administrator is appointed. As stated in Sec. 2, Rule 80 of the Rules:

Section 2. Powers and duties of special adminsitrator. — Such special administrator shall take possession and charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executors or administrator afterwards appointed, and for that purpose may commence and maintain suits as administrator. He may sell only such perishable and other property as the court orders sold. A special administrator shall not be liable to pay any debts of the deceased unless so ordered by the court.

Given this duty on the part of the special administrator, it would, therefore, be prudent and reasonable to appoint someone interested in preserving the estate for its eventual distribution to the heirs. Such choice would ensure that such person would not expose the estate to losses that would effectively diminish his or her share. While the court may use its discretion and depart from such reasoning, still, there is no logical reason to appoint a person who is a debtor of the estate and otherwise a stranger to the deceased. To do so would be tantamount to grave abuse of discretion. (DIOSDADO MANUNGAS VS. MARGARITA AVILA LORETO & FLORENCIA AVILA PARRENO, G.R. NO. 193161, AUGUST 22, 2011, VELASCO, JR., J.).