This case has been cited 2 times or more.
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2009-09-15 |
PERALTA, J. |
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| In Silverio, Sr. v. Court of Appeals,[33] the Court held that petitioner therein was not denied due process when the records of the case showed that he was amply given the opportunity to present his evidence, which he, however, waived. There is no denial of due process where a party was given an opportunity to be heard.[34] | |||||
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2006-03-16 |
YNARES-SANTIAGO, J. |
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| The order of preference in the appointment of an administrator depends on the attendant facts and circumstances.[10] In Sioca v. Garcia,[11] this Court set aside the order of preference, to wit:It is well settled that a probate court cannot arbitrarily and without sufficient reason disregard the preferential rights of the surviving spouse to the administration of the estate of the deceased spouse. But, if the person enjoying such preferential rights is unsuitable, the court may appoint another person. The determination of a person's suitability for the office of administrator rests, to a great extent, in the sound judgment of the court exercising the power of appointment and such judgment will not be interfered with on appeal unless it appears affirmatively that the court below was in error. | |||||