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DELGADO v. HEIRS OF RUSTIA

This case has been cited 1 times or more.

2010-06-15
NACHURA, J.
In the case of Uy v. Court of Appeals,[21] we upheld the appointment by the trial court of a co-administration between the decedent's son and the decedent's brother, who was likewise a creditor of the decedent's estate. In the same vein, we declared in Delgado Vda. de De la Rosa v. Heirs of Marciana Rustia Vda. de Damian[22] that: [i]n the appointment of an administrator, the principal consideration is the interest in the estate of the one to be appointed. The order of preference does not rule out the appointment of co-administrators, specially in cases where justice and equity demand that opposing parties or factions be represented in the management of the estates, a situation which obtains here.