Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar.

11, 1999; 3rd Division; P

urisima, J.Short Facts: Beatriz Silverio died intestate. Her conjugal property w
as not settled. Hence, her son EDGARDO sought to be appointed as an administrato
r by filing a petition for letters of administration. He was appointed special,
and later regular administrator. Beatriz s husband RICARDO SR. opposed this, claim
ing that the RTC should respect the order of preference in Rule 78, 6.Held: A pr
obate court cannot arbitrarily disregard the preferential rights of the survivin
g spouse to the administration of the estate of a deceased person. However, when
the person enjoying such preferential rights is unsuitable, the court may appoi
nt another person. The determination of suitability rests on the sound judgment
of the appointing court.A. Facts1. 1987: Beatriz Silverio died intestate in Maka
ti. She was survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s
son, filed a Petition for Letters of Administration with RTC Br. 57 (Makati), fo
llowed by an Urgent Petition for Appointment of Special Administrator, alleging:
a. That Beatriz acquired undetermined real and personal properties during her ma
rriage;b. That Edgardo s brother, Ricardo Jr., took over the management of these p
roperties for his own benefit and advantage;c. That he, EDGARDO, one of the heir
s of Beatriz, was competent and willing to actas administrator.3. The petition w
as set for hearing and notices were published. Meanwhile, Judge Velez of Br. 57
issued an Order appointing EDGARDO as special administrator.4. 01/1991: RICARDO
SR., Beatriz s husband at the time of her death and Edgardo s stepfather, filed his
Opposition to the Petition for Letters of Administration.a. However, RICARDO SR.
failed to appear in the hearings for the reception of his evidence, claiming th
at he had a hearing in California.b. When RICARDO SR. sought to postpone the hea
ring, it was opposed by EDGARDO who essentially claimed that it was dilatory and
harassing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling
on the motion to postpone, Judge Velez declared that RICARDO SR. s failure to app
ear and adduce evidence on his behalf amounted to a waiver of such right.5. 10/1
991: Subsequently, Judge Velez appointed EDGARDO as regular administrator.6. Aft
er another motion to postpone another hearing was denied by Judge Velez, RICARDO
SR. filed a Petition for Certiorari with a Writ of Preliminary Injunction, Proh
ibition, and/or Restraining Order with the CA, questioning the different orders
of Judge Velez.a. The CA dismissed this [on the same grounds appreciated by the
Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchange
d several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an admin
istrator, sincehe (1) used funds of the conjugal partnership to buy three proper
ties in Forbes and Bel Air (Makati), and (2) fraudulently caused these to be reg
istered in the names of his 3 illegitimate children with his admitted mistress C
armen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3
rd Division; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her conju
gal property was not settled. Hence, her son EDGARDO sought to be appointed as a
n administrator by filing a petition for letters of administration. He was appoi
nted special, and later regular administrator. Beatriz s husband RICARDO SR. oppos
ed this, claiming that the RTC should respect the order of preference in Rule 78
, 6.Held: A probate court cannot arbitrarily disregard the preferential rights o
f the surviving spouse to the administration of the estate of a deceased person.
However, when the person enjoying such preferential rights is unsuitable, the c
ourt may appoint another person. The determination of suitability rests on the s
ound judgment of the appointing court.A. Facts1. 1987: Beatriz Silverio died int
estate in Makati. She was survived by her husband and 5 children.2. 12/1990: EDG
ARDO, Beatriz s son, filed a Petition for Letters of Administration with RTC Br. 5
7 (Makati), followed by an Urgent Petition for Appointment of Special Administra
tor, alleging:a. That Beatriz acquired undetermined real and personal properties
during her marriage;b. That Edgardo s brother, Ricardo Jr., took over the managem
ent of these properties for his own benefit and advantage;c. That he, EDGARDO, o
ne of the heirs of Beatriz, was competent and willing to actas administrator.3.
The petition was set for hearing and notices were published. Meanwhile, Judge Ve
lez of Br. 57 issued an Order appointing EDGARDO as special administrator.4. 01/
1991: RICARDO SR., Beatriz s husband at the time of her death and Edgardo s stepfath
er, filed his Opposition to the Petition for Letters of Administration.a. Howeve

r, RICARDO SR. failed to appear in the hearings for the reception of his evidenc
e, claiming that he had a hearing in California.b. When RICARDO SR. sought to po
stpone the hearing, it was opposed by EDGARDO who essentially claimed that it wa
s dilatory and harassing, Ricardo Sr. being fully aware that Edgardo lived in Sy
dney.c. Ruling on the motion to postpone, Judge Velez declared that RICARDO SR. s
failure to appear and adduce evidence on his behalf amounted to a waiver of such
right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regular admini
strator.6. After another motion to postpone another hearing was denied by Judge
Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of Preliminary In
junction, Prohibition, and/or Restraining Order with the CA, questioning the dif
ferent orders of Judge Velez.a. The CA dismissed this [on the same grounds appre
ciated by the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARD
O SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness
to be an administrator, sincehe (1) used funds of the conjugal partnership to bu
y three properties in Forbes and Bel Air (Makati), and (2) fraudulently caused t
hese to be registered in the names of his 3 illegitimate children with his admit
ted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Ma
r. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died intest
ate. Her conjugal property was not settled. Hence, her son EDGARDO sought to be
appointed as an administrator by filing a petition for letters of administration
. He was appointed special, and later regular administrator. Beatriz s husband RIC
ARDO SR. opposed this, claiming that the RTC should respect the order of prefere
nce in Rule 78, 6.Held: A probate court cannot arbitrarily disregard the prefere
ntial rights of the surviving spouse to the administration of the estate of a de
ceased person. However, when the person enjoying such preferential rights is uns
uitable, the court may appoint another person. The determination of suitability
rests on the sound judgment of the appointing court.A. Facts1. 1987: Beatriz Sil
verio died intestate in Makati. She was survived by her husband and 5 children.2
. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Administration
with RTC Br. 57 (Makati), followed by an Urgent Petition for Appointment of Spec
ial Administrator, alleging:a. That Beatriz acquired undetermined real and perso
nal properties during her marriage;b. That Edgardo s brother, Ricardo Jr., took ov
er the management of these properties for his own benefit and advantage;c. That
he, EDGARDO, one of the heirs of Beatriz, was competent and willing to actas adm
inistrator.3. The petition was set for hearing and notices were published. Meanw
hile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as special admini
strator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her death and Ed
gardo s stepfather, filed his Opposition to the Petition for Letters of Administra
tion.a. However, RICARDO SR. failed to appear in the hearings for the reception
of his evidence, claiming that he had a hearing in California.b. When RICARDO SR
. sought to postpone the hearing, it was opposed by EDGARDO who essentially clai
med that it was dilatory and harassing, Ricardo Sr. being fully aware that Edgar
do lived in Sydney.c. Ruling on the motion to postpone, Judge Velez declared tha
t RICARDO SR. s failure to appear and adduce evidence on his behalf amounted to a
waiver of such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as
regular administrator.6. After another motion to postpone another hearing was de
nied by Judge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of
Preliminary Injunction, Prohibition, and/or Restraining Order with the CA, quest
ioning the different orders of Judge Velez.a. The CA dismissed this [on the same
grounds appreciated by the Supreme Court, infra].7. In the SC proceedings, EDGA
RDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s mo
ral unfitness to be an administrator, sincehe (1) used funds of the conjugal par
tnership to buy three properties in Forbes and Bel Air (Makati), and (2) fraudul
ently caused these to be registered in the names of his 3 illegitimate children
with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R.
No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silver
io died intestate. Her conjugal property was not settled. Hence, her son EDGARDO
sought to be appointed as an administrator by filing a petition for letters of
administration. He was appointed special, and later regular administrator. Beatr
iz s husband RICARDO SR. opposed this, claiming that the RTC should respect the or

der of preference in Rule 78, 6.Held: A probate court cannot arbitrarily disrega
rd the preferential rights of the surviving spouse to the administration of the
estate of a deceased person. However, when the person enjoying such preferential
rights is unsuitable, the court may appoint another person. The determination o
f suitability rests on the sound judgment of the appointing court.A. Facts1. 198
7: Beatriz Silverio died intestate in Makati. She was survived by her husband an
d 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of A
dministration with RTC Br. 57 (Makati), followed by an Urgent Petition for Appoi
ntment of Special Administrator, alleging:a. That Beatriz acquired undetermined
real and personal properties during her marriage;b. That Edgardo s brother, Ricard
o Jr., took over the management of these properties for his own benefit and adva
ntage;c. That he, EDGARDO, one of the heirs of Beatriz, was competent and willin
g to actas administrator.3. The petition was set for hearing and notices were pu
blished. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as
special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of he
r death and Edgardo s stepfather, filed his Opposition to the Petition for Letters
of Administration.a. However, RICARDO SR. failed to appear in the hearings for
the reception of his evidence, claiming that he had a hearing in California.b. W
hen RICARDO SR. sought to postpone the hearing, it was opposed by EDGARDO who es
sentially claimed that it was dilatory and harassing, Ricardo Sr. being fully aw
are that Edgardo lived in Sydney.c. Ruling on the motion to postpone, Judge Vele
z declared that RICARDO SR. s failure to appear and adduce evidence on his behalf
amounted to a waiver of such right.5. 10/1991: Subsequently, Judge Velez appoint
ed EDGARDO as regular administrator.6. After another motion to postpone another
hearing was denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari w
ith a Writ of Preliminary Injunction, Prohibition, and/or Restraining Order with
the CA, questioning the different orders of Judge Velez.a. The CA dismissed thi
s [on the same grounds appreciated by the Supreme Court, infra].7. In the SC pro
ceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised
Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) used funds of th
e conjugal partnership to buy three properties in Forbes and Bel Air (Makati), a
nd (2) fraudulently caused these to be registered in the names of his 3 illegiti
mate children with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court o
f AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts:
Beatriz Silverio died intestate. Her conjugal property was not settled. Hence, h
er son EDGARDO sought to be appointed as an administrator by filing a petition f
or letters of administration. He was appointed special, and later regular admini
strator. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC should
respect the order of preference in Rule 78, 6.Held: A probate court cannot arbit
rarily disregard the preferential rights of the surviving spouse to the administ
ration of the estate of a deceased person. However, when the person enjoying suc
h preferential rights is unsuitable, the court may appoint another person. The d
etermination of suitability rests on the sound judgment of the appointing court.
A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She was survived by
her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition fo
r Letters of Administration with RTC Br. 57 (Makati), followed by an Urgent Peti
tion for Appointment of Special Administrator, alleging:a. That Beatriz acquired
undetermined real and personal properties during her marriage;b. That Edgardo s b
rother, Ricardo Jr., took over the management of these properties for his own be
nefit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was compet
ent and willing to actas administrator.3. The petition was set for hearing and n
otices were published. Meanwhile, Judge Velez of Br. 57 issued an Order appointi
ng EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at
the time of her death and Edgardo s stepfather, filed his Opposition to the Petiti
on for Letters of Administration.a. However, RICARDO SR. failed to appear in the
hearings for the reception of his evidence, claiming that he had a hearing in C
alifornia.b. When RICARDO SR. sought to postpone the hearing, it was opposed by
EDGARDO who essentially claimed that it was dilatory and harassing, Ricardo Sr.
being fully aware that Edgardo lived in Sydney.c. Ruling on the motion to postpo
ne, Judge Velez declared that RICARDO SR. s failure to appear and adduce evidence

on his behalf amounted to a waiver of such right.5. 10/1991: Subsequently, Judge

Velez appointed EDGARDO as regular administrator.6. After another motion to pos
tpone another hearing was denied by Judge Velez, RICARDO SR. filed a Petition fo
r Certiorari with a Writ of Preliminary Injunction, Prohibition, and/or Restrain
ing Order with the CA, questioning the different orders of Judge Velez.a. The CA
dismissed this [on the same grounds appreciated by the Supreme Court, infra].7.
In the SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. E
DGARDO raised Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) us
ed funds of the conjugal partnership to buy three properties in Forbes and Bel A
ir (Makati), and (2) fraudulently caused these to be registered in the names of
his 3 illegitimate children with his admitted mistress Carmen Zuniga. Silverio,
Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J
.Short Facts: Beatriz Silverio died intestate. Her conjugal property was not set
tled. Hence, her son EDGARDO sought to be appointed as an administrator by filin
g a petition for letters of administration. He was appointed special, and later
regular administrator. Beatriz s husband RICARDO SR. opposed this, claiming that t
he RTC should respect the order of preference in Rule 78, 6.Held: A probate cour
t cannot arbitrarily disregard the preferential rights of the surviving spouse t
o the administration of the estate of a deceased person. However, when the perso
n enjoying such preferential rights is unsuitable, the court may appoint another
person. The determination of suitability rests on the sound judgment of the app
ointing court.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She wa
s survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed
a Petition for Letters of Administration with RTC Br. 57 (Makati), followed by
an Urgent Petition for Appointment of Special Administrator, alleging:a. That Be
atriz acquired undetermined real and personal properties during her marriage;b.
That Edgardo s brother, Ricardo Jr., took over the management of these properties
for his own benefit and advantage;c. That he, EDGARDO, one of the heirs of Beatr
iz, was competent and willing to actas administrator.3. The petition was set for
hearing and notices were published. Meanwhile, Judge Velez of Br. 57 issued an
Order appointing EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatr
iz s husband at the time of her death and Edgardo s stepfather, filed his Opposition
to the Petition for Letters of Administration.a. However, RICARDO SR. failed to
appear in the hearings for the reception of his evidence, claiming that he had
a hearing in California.b. When RICARDO SR. sought to postpone the hearing, it w
as opposed by EDGARDO who essentially claimed that it was dilatory and harassing
, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling on the mo
tion to postpone, Judge Velez declared that RICARDO SR. s failure to appear and ad
duce evidence on his behalf amounted to a waiver of such right.5. 10/1991: Subse
quently, Judge Velez appointed EDGARDO as regular administrator.6. After another
motion to postpone another hearing was denied by Judge Velez, RICARDO SR. filed
a Petition for Certiorari with a Writ of Preliminary Injunction, Prohibition, a
nd/or Restraining Order with the CA, questioning the different orders of Judge V
elez.a. The CA dismissed this [on the same grounds appreciated by the Supreme Co
urt, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged several
pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an administrator,
sincehe (1) used funds of the conjugal partnership to buy three properties in Fo
rbes and Bel Air (Makati), and (2) fraudulently caused these to be registered in
the names of his 3 illegitimate children with his admitted mistress Carmen Zuni
ga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Divisio
n; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her conjugal proper
ty was not settled. Hence, her son EDGARDO sought to be appointed as an administ
rator by filing a petition for letters of administration. He was appointed speci
al, and later regular administrator. Beatriz s husband RICARDO SR. opposed this, c
laiming that the RTC should respect the order of preference in Rule 78, 6.Held:
A probate court cannot arbitrarily disregard the preferential rights of the surv
iving spouse to the administration of the estate of a deceased person. However,
when the person enjoying such preferential rights is unsuitable, the court may a
ppoint another person. The determination of suitability rests on the sound judgm
ent of the appointing court.A. Facts1. 1987: Beatriz Silverio died intestate in

Makati. She was survived by her husband and 5 children.2. 12/1990: EDGARDO, Beat
riz s son, filed a Petition for Letters of Administration with RTC Br. 57 (Makati)
, followed by an Urgent Petition for Appointment of Special Administrator, alleg
ing:a. That Beatriz acquired undetermined real and personal properties during he
r marriage;b. That Edgardo s brother, Ricardo Jr., took over the management of the
se properties for his own benefit and advantage;c. That he, EDGARDO, one of the
heirs of Beatriz, was competent and willing to actas administrator.3. The petiti
on was set for hearing and notices were published. Meanwhile, Judge Velez of Br.
57 issued an Order appointing EDGARDO as special administrator.4. 01/1991: RICA
RDO SR., Beatriz s husband at the time of her death and Edgardo s stepfather, filed
his Opposition to the Petition for Letters of Administration.a. However, RICARDO
SR. failed to appear in the hearings for the reception of his evidence, claimin
g that he had a hearing in California.b. When RICARDO SR. sought to postpone the
hearing, it was opposed by EDGARDO who essentially claimed that it was dilatory
and harassing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ru
ling on the motion to postpone, Judge Velez declared that RICARDO SR. s failure to
appear and adduce evidence on his behalf amounted to a waiver of such right.5.
10/1991: Subsequently, Judge Velez appointed EDGARDO as regular administrator.6.
After another motion to postpone another hearing was denied by Judge Velez, RIC
ARDO SR. filed a Petition for Certiorari with a Writ of Preliminary Injunction,
Prohibition, and/or Restraining Order with the CA, questioning the different ord
ers of Judge Velez.a. The CA dismissed this [on the same grounds appreciated by
the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exch
anged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an a
dministrator, sincehe (1) used funds of the conjugal partnership to buy three pr
operties in Forbes and Bel Air (Makati), and (2) fraudulently caused these to be
registered in the names of his 3 illegitimate children with his admitted mistre
ss Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 199
9; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her c
onjugal property was not settled. Hence, her son EDGARDO sought to be appointed
as an administrator by filing a petition for letters of administration. He was a
ppointed special, and later regular administrator. Beatriz s husband RICARDO SR. o
pposed this, claiming that the RTC should respect the order of preference in Rul
e 78, 6.Held: A probate court cannot arbitrarily disregard the preferential righ
ts of the surviving spouse to the administration of the estate of a deceased per
son. However, when the person enjoying such preferential rights is unsuitable, t
he court may appoint another person. The determination of suitability rests on t
he sound judgment of the appointing court.A. Facts1. 1987: Beatriz Silverio died
intestate in Makati. She was survived by her husband and 5 children.2. 12/1990:
EDGARDO, Beatriz s son, filed a Petition for Letters of Administration with RTC B
r. 57 (Makati), followed by an Urgent Petition for Appointment of Special Admini
strator, alleging:a. That Beatriz acquired undetermined real and personal proper
ties during her marriage;b. That Edgardo s brother, Ricardo Jr., took over the man
agement of these properties for his own benefit and advantage;c. That he, EDGARD
O, one of the heirs of Beatriz, was competent and willing to actas administrator
.3. The petition was set for hearing and notices were published. Meanwhile, Judg
e Velez of Br. 57 issued an Order appointing EDGARDO as special administrator.4.
01/1991: RICARDO SR., Beatriz s husband at the time of her death and Edgardo s step
father, filed his Opposition to the Petition for Letters of Administration.a. Ho
wever, RICARDO SR. failed to appear in the hearings for the reception of his evi
dence, claiming that he had a hearing in California.b. When RICARDO SR. sought t
o postpone the hearing, it was opposed by EDGARDO who essentially claimed that i
t was dilatory and harassing, Ricardo Sr. being fully aware that Edgardo lived i
n Sydney.c. Ruling on the motion to postpone, Judge Velez declared that RICARDO
SR. s failure to appear and adduce evidence on his behalf amounted to a waiver of
such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regular ad
ministrator.6. After another motion to postpone another hearing was denied by Ju
dge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of Preliminar
y Injunction, Prohibition, and/or Restraining Order with the CA, questioning the
different orders of Judge Velez.a. The CA dismissed this [on the same grounds a

ppreciated by the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RI

CARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitn
ess to be an administrator, sincehe (1) used funds of the conjugal partnership t
o buy three properties in Forbes and Bel Air (Makati), and (2) fraudulently caus
ed these to be registered in the names of his 3 illegitimate children with his a
dmitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979
; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died in
testate. Her conjugal property was not settled. Hence, her son EDGARDO sought to
be appointed as an administrator by filing a petition for letters of administra
tion. He was appointed special, and later regular administrator. Beatriz s husband
RICARDO SR. opposed this, claiming that the RTC should respect the order of pre
ference in Rule 78, 6.Held: A probate court cannot arbitrarily disregard the pre
ferential rights of the surviving spouse to the administration of the estate of
a deceased person. However, when the person enjoying such preferential rights is
unsuitable, the court may appoint another person. The determination of suitabil
ity rests on the sound judgment of the appointing court.A. Facts1. 1987: Beatriz
Silverio died intestate in Makati. She was survived by her husband and 5 childr
en.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Administrat
ion with RTC Br. 57 (Makati), followed by an Urgent Petition for Appointment of
Special Administrator, alleging:a. That Beatriz acquired undetermined real and p
ersonal properties during her marriage;b. That Edgardo s brother, Ricardo Jr., too
k over the management of these properties for his own benefit and advantage;c. T
hat he, EDGARDO, one of the heirs of Beatriz, was competent and willing to actas
administrator.3. The petition was set for hearing and notices were published. M
eanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as special ad
ministrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her death an
d Edgardo s stepfather, filed his Opposition to the Petition for Letters of Admini
stration.a. However, RICARDO SR. failed to appear in the hearings for the recept
ion of his evidence, claiming that he had a hearing in California.b. When RICARD
O SR. sought to postpone the hearing, it was opposed by EDGARDO who essentially
claimed that it was dilatory and harassing, Ricardo Sr. being fully aware that E
dgardo lived in Sydney.c. Ruling on the motion to postpone, Judge Velez declared
that RICARDO SR. s failure to appear and adduce evidence on his behalf amounted t
o a waiver of such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO
as regular administrator.6. After another motion to postpone another hearing wa
s denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ
of Preliminary Injunction, Prohibition, and/or Restraining Order with the CA, q
uestioning the different orders of Judge Velez.a. The CA dismissed this [on the
same grounds appreciated by the Supreme Court, infra].7. In the SC proceedings,
EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr
. s moral unfitness to be an administrator, sincehe (1) used funds of the conjugal
partnership to buy three properties in Forbes and Bel Air (Makati), and (2) fra
udulently caused these to be registered in the names of his 3 illegitimate child
ren with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG
.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Si
lverio died intestate. Her conjugal property was not settled. Hence, her son EDG
ARDO sought to be appointed as an administrator by filing a petition for letters
of administration. He was appointed special, and later regular administrator. B
eatriz s husband RICARDO SR. opposed this, claiming that the RTC should respect th
e order of preference in Rule 78, 6.Held: A probate court cannot arbitrarily dis
regard the preferential rights of the surviving spouse to the administration of
the estate of a deceased person. However, when the person enjoying such preferen
tial rights is unsuitable, the court may appoint another person. The determinati
on of suitability rests on the sound judgment of the appointing court.A. Facts1.
1987: Beatriz Silverio died intestate in Makati. She was survived by her husban
d and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters
of Administration with RTC Br. 57 (Makati), followed by an Urgent Petition for A
ppointment of Special Administrator, alleging:a. That Beatriz acquired undetermi
ned real and personal properties during her marriage;b. That Edgardo s brother, Ri
cardo Jr., took over the management of these properties for his own benefit and

advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was competent and wi
lling to actas administrator.3. The petition was set for hearing and notices wer
e published. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO
as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time o
f her death and Edgardo s stepfather, filed his Opposition to the Petition for Let
ters of Administration.a. However, RICARDO SR. failed to appear in the hearings
for the reception of his evidence, claiming that he had a hearing in California.
b. When RICARDO SR. sought to postpone the hearing, it was opposed by EDGARDO wh
o essentially claimed that it was dilatory and harassing, Ricardo Sr. being full
y aware that Edgardo lived in Sydney.c. Ruling on the motion to postpone, Judge
Velez declared that RICARDO SR. s failure to appear and adduce evidence on his beh
alf amounted to a waiver of such right.5. 10/1991: Subsequently, Judge Velez app
ointed EDGARDO as regular administrator.6. After another motion to postpone anot
her hearing was denied by Judge Velez, RICARDO SR. filed a Petition for Certiora
ri with a Writ of Preliminary Injunction, Prohibition, and/or Restraining Order
with the CA, questioning the different orders of Judge Velez.a. The CA dismissed
this [on the same grounds appreciated by the Supreme Court, infra].7. In the SC
proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO rai
sed Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) used funds o
f the conjugal partnership to buy three properties in Forbes and Bel Air (Makati
), and (2) fraudulently caused these to be registered in the names of his 3 ille
gitimate children with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Cou
rt of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Fac
ts: Beatriz Silverio died intestate. Her conjugal property was not settled. Henc
e, her son EDGARDO sought to be appointed as an administrator by filing a petiti
on for letters of administration. He was appointed special, and later regular ad
ministrator. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC sho
uld respect the order of preference in Rule 78, 6.Held: A probate court cannot a
rbitrarily disregard the preferential rights of the surviving spouse to the admi
nistration of the estate of a deceased person. However, when the person enjoying
such preferential rights is unsuitable, the court may appoint another person. T
he determination of suitability rests on the sound judgment of the appointing co
urt.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She was survived
by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petitio
n for Letters of Administration with RTC Br. 57 (Makati), followed by an Urgent
Petition for Appointment of Special Administrator, alleging:a. That Beatriz acqu
ired undetermined real and personal properties during her marriage;b. That Edgar
do s brother, Ricardo Jr., took over the management of these properties for his ow
n benefit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was co
mpetent and willing to actas administrator.3. The petition was set for hearing a
nd notices were published. Meanwhile, Judge Velez of Br. 57 issued an Order appo
inting EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband
at the time of her death and Edgardo s stepfather, filed his Opposition to the Pe
tition for Letters of Administration.a. However, RICARDO SR. failed to appear in
the hearings for the reception of his evidence, claiming that he had a hearing
in California.b. When RICARDO SR. sought to postpone the hearing, it was opposed
by EDGARDO who essentially claimed that it was dilatory and harassing, Ricardo
Sr. being fully aware that Edgardo lived in Sydney.c. Ruling on the motion to po
stpone, Judge Velez declared that RICARDO SR. s failure to appear and adduce evide
nce on his behalf amounted to a waiver of such right.5. 10/1991: Subsequently, J
udge Velez appointed EDGARDO as regular administrator.6. After another motion to
postpone another hearing was denied by Judge Velez, RICARDO SR. filed a Petitio
n for Certiorari with a Writ of Preliminary Injunction, Prohibition, and/or Rest
raining Order with the CA, questioning the different orders of Judge Velez.a. Th
e CA dismissed this [on the same grounds appreciated by the Supreme Court, infra
].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.
a. EDGARDO raised Ricardo Sr. s moral unfitness to be an administrator, sincehe (1
) used funds of the conjugal partnership to buy three properties in Forbes and B
el Air (Makati), and (2) fraudulently caused these to be registered in the names
of his 3 illegitimate children with his admitted mistress Carmen Zuniga. Silver

io, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisim
a, J.Short Facts: Beatriz Silverio died intestate. Her conjugal property was not
settled. Hence, her son EDGARDO sought to be appointed as an administrator by f
iling a petition for letters of administration. He was appointed special, and la
ter regular administrator. Beatriz s husband RICARDO SR. opposed this, claiming th
at the RTC should respect the order of preference in Rule 78, 6.Held: A probate
court cannot arbitrarily disregard the preferential rights of the surviving spou
se to the administration of the estate of a deceased person. However, when the p
erson enjoying such preferential rights is unsuitable, the court may appoint ano
ther person. The determination of suitability rests on the sound judgment of the
appointing court.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. Sh
e was survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, f
iled a Petition for Letters of Administration with RTC Br. 57 (Makati), followed
by an Urgent Petition for Appointment of Special Administrator, alleging:a. Tha
t Beatriz acquired undetermined real and personal properties during her marriage
;b. That Edgardo s brother, Ricardo Jr., took over the management of these propert
ies for his own benefit and advantage;c. That he, EDGARDO, one of the heirs of B
eatriz, was competent and willing to actas administrator.3. The petition was set
for hearing and notices were published. Meanwhile, Judge Velez of Br. 57 issued
an Order appointing EDGARDO as special administrator.4. 01/1991: RICARDO SR., B
eatriz s husband at the time of her death and Edgardo s stepfather, filed his Opposi
tion to the Petition for Letters of Administration.a. However, RICARDO SR. faile
d to appear in the hearings for the reception of his evidence, claiming that he
had a hearing in California.b. When RICARDO SR. sought to postpone the hearing,
it was opposed by EDGARDO who essentially claimed that it was dilatory and haras
sing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling on th
e motion to postpone, Judge Velez declared that RICARDO SR. s failure to appear an
d adduce evidence on his behalf amounted to a waiver of such right.5. 10/1991: S
ubsequently, Judge Velez appointed EDGARDO as regular administrator.6. After ano
ther motion to postpone another hearing was denied by Judge Velez, RICARDO SR. f
iled a Petition for Certiorari with a Writ of Preliminary Injunction, Prohibitio
n, and/or Restraining Order with the CA, questioning the different orders of Jud
ge Velez.a. The CA dismissed this [on the same grounds appreciated by the Suprem
e Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged seve
ral pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an administrat
or, sincehe (1) used funds of the conjugal partnership to buy three properties i
n Forbes and Bel Air (Makati), and (2) fraudulently caused these to be registere
d in the names of his 3 illegitimate children with his admitted mistress Carmen
Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Div
ision; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her conjugal pr
operty was not settled. Hence, her son EDGARDO sought to be appointed as an admi
nistrator by filing a petition for letters of administration. He was appointed s
pecial, and later regular administrator. Beatriz s husband RICARDO SR. opposed thi
s, claiming that the RTC should respect the order of preference in Rule 78, 6.He
ld: A probate court cannot arbitrarily disregard the preferential rights of the
surviving spouse to the administration of the estate of a deceased person. Howev
er, when the person enjoying such preferential rights is unsuitable, the court m
ay appoint another person. The determination of suitability rests on the sound j
udgment of the appointing court.A. Facts1. 1987: Beatriz Silverio died intestate
in Makati. She was survived by her husband and 5 children.2. 12/1990: EDGARDO,
Beatriz s son, filed a Petition for Letters of Administration with RTC Br. 57 (Mak
ati), followed by an Urgent Petition for Appointment of Special Administrator, a
lleging:a. That Beatriz acquired undetermined real and personal properties durin
g her marriage;b. That Edgardo s brother, Ricardo Jr., took over the management of
these properties for his own benefit and advantage;c. That he, EDGARDO, one of
the heirs of Beatriz, was competent and willing to actas administrator.3. The pe
tition was set for hearing and notices were published. Meanwhile, Judge Velez of
Br. 57 issued an Order appointing EDGARDO as special administrator.4. 01/1991:
RICARDO SR., Beatriz s husband at the time of her death and Edgardo s stepfather, fi
led his Opposition to the Petition for Letters of Administration.a. However, RIC

ARDO SR. failed to appear in the hearings for the reception of his evidence, cla
iming that he had a hearing in California.b. When RICARDO SR. sought to postpone
the hearing, it was opposed by EDGARDO who essentially claimed that it was dila
tory and harassing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c
. Ruling on the motion to postpone, Judge Velez declared that RICARDO SR. s failur
e to appear and adduce evidence on his behalf amounted to a waiver of such right
.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regular administrato
r.6. After another motion to postpone another hearing was denied by Judge Velez,
RICARDO SR. filed a Petition for Certiorari with a Writ of Preliminary Injuncti
on, Prohibition, and/or Restraining Order with the CA, questioning the different
orders of Judge Velez.a. The CA dismissed this [on the same grounds appreciated
by the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR.
exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be
an administrator, sincehe (1) used funds of the conjugal partnership to buy thre
e properties in Forbes and Bel Air (Makati), and (2) fraudulently caused these t
o be registered in the names of his 3 illegitimate children with his admitted mi
stress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11,
1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died intestate. H
er conjugal property was not settled. Hence, her son EDGARDO sought to be appoin
ted as an administrator by filing a petition for letters of administration. He w
as appointed special, and later regular administrator. Beatriz s husband RICARDO S
R. opposed this, claiming that the RTC should respect the order of preference in
Rule 78, 6.Held: A probate court cannot arbitrarily disregard the preferential
rights of the surviving spouse to the administration of the estate of a deceased
person. However, when the person enjoying such preferential rights is unsuitabl
e, the court may appoint another person. The determination of suitability rests
on the sound judgment of the appointing court.A. Facts1. 1987: Beatriz Silverio
died intestate in Makati. She was survived by her husband and 5 children.2. 12/1
990: EDGARDO, Beatriz s son, filed a Petition for Letters of Administration with R
TC Br. 57 (Makati), followed by an Urgent Petition for Appointment of Special Ad
ministrator, alleging:a. That Beatriz acquired undetermined real and personal pr
operties during her marriage;b. That Edgardo s brother, Ricardo Jr., took over the
management of these properties for his own benefit and advantage;c. That he, ED
GARDO, one of the heirs of Beatriz, was competent and willing to actas administr
ator.3. The petition was set for hearing and notices were published. Meanwhile,
Judge Velez of Br. 57 issued an Order appointing EDGARDO as special administrato
r.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her death and Edgardo s
stepfather, filed his Opposition to the Petition for Letters of Administration.a
. However, RICARDO SR. failed to appear in the hearings for the reception of his
evidence, claiming that he had a hearing in California.b. When RICARDO SR. soug
ht to postpone the hearing, it was opposed by EDGARDO who essentially claimed th
at it was dilatory and harassing, Ricardo Sr. being fully aware that Edgardo liv
ed in Sydney.c. Ruling on the motion to postpone, Judge Velez declared that RICA
RDO SR. s failure to appear and adduce evidence on his behalf amounted to a waiver
of such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regula
r administrator.6. After another motion to postpone another hearing was denied b
y Judge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of Prelim
inary Injunction, Prohibition, and/or Restraining Order with the CA, questioning
the different orders of Judge Velez.a. The CA dismissed this [on the same groun
ds appreciated by the Supreme Court, infra].7. In the SC proceedings, EDGARDO an
d RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral un
fitness to be an administrator, sincehe (1) used funds of the conjugal partnersh
ip to buy three properties in Forbes and Bel Air (Makati), and (2) fraudulently
caused these to be registered in the names of his 3 illegitimate children with h
is admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 10
9979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio die
d intestate. Her conjugal property was not settled. Hence, her son EDGARDO sough
t to be appointed as an administrator by filing a petition for letters of admini
stration. He was appointed special, and later regular administrator. Beatriz s hus
band RICARDO SR. opposed this, claiming that the RTC should respect the order of

preference in Rule 78, 6.Held: A probate court cannot arbitrarily disregard the
preferential rights of the surviving spouse to the administration of the estate
of a deceased person. However, when the person enjoying such preferential right
s is unsuitable, the court may appoint another person. The determination of suit
ability rests on the sound judgment of the appointing court.A. Facts1. 1987: Bea
triz Silverio died intestate in Makati. She was survived by her husband and 5 ch
ildren.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Adminis
tration with RTC Br. 57 (Makati), followed by an Urgent Petition for Appointment
of Special Administrator, alleging:a. That Beatriz acquired undetermined real a
nd personal properties during her marriage;b. That Edgardo s brother, Ricardo Jr.,
took over the management of these properties for his own benefit and advantage;
c. That he, EDGARDO, one of the heirs of Beatriz, was competent and willing to a
ctas administrator.3. The petition was set for hearing and notices were publishe
d. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as specia
l administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her deat
h and Edgardo s stepfather, filed his Opposition to the Petition for Letters of Ad
ministration.a. However, RICARDO SR. failed to appear in the hearings for the re
ception of his evidence, claiming that he had a hearing in California.b. When RI
CARDO SR. sought to postpone the hearing, it was opposed by EDGARDO who essentia
lly claimed that it was dilatory and harassing, Ricardo Sr. being fully aware th
at Edgardo lived in Sydney.c. Ruling on the motion to postpone, Judge Velez decl
ared that RICARDO SR. s failure to appear and adduce evidence on his behalf amount
ed to a waiver of such right.5. 10/1991: Subsequently, Judge Velez appointed EDG
ARDO as regular administrator.6. After another motion to postpone another hearin
g was denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari with a
Writ of Preliminary Injunction, Prohibition, and/or Restraining Order with the C
A, questioning the different orders of Judge Velez.a. The CA dismissed this [on
the same grounds appreciated by the Supreme Court, infra].7. In the SC proceedin
gs, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricard
o Sr. s moral unfitness to be an administrator, sincehe (1) used funds of the conj
ugal partnership to buy three properties in Forbes and Bel Air (Makati), and (2)
fraudulently caused these to be registered in the names of his 3 illegitimate c
hildren with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of Appe
alsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatri
z Silverio died intestate. Her conjugal property was not settled. Hence, her son
EDGARDO sought to be appointed as an administrator by filing a petition for let
ters of administration. He was appointed special, and later regular administrato
r. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC should respec
t the order of preference in Rule 78, 6.Held: A probate court cannot arbitrarily
disregard the preferential rights of the surviving spouse to the administration
of the estate of a deceased person. However, when the person enjoying such pref
erential rights is unsuitable, the court may appoint another person. The determi
nation of suitability rests on the sound judgment of the appointing court.A. Fac
ts1. 1987: Beatriz Silverio died intestate in Makati. She was survived by her hu
sband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Lett
ers of Administration with RTC Br. 57 (Makati), followed by an Urgent Petition f
or Appointment of Special Administrator, alleging:a. That Beatriz acquired undet
ermined real and personal properties during her marriage;b. That Edgardo s brother
, Ricardo Jr., took over the management of these properties for his own benefit
and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was competent an
d willing to actas administrator.3. The petition was set for hearing and notices
were published. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDG
ARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the ti
me of her death and Edgardo s stepfather, filed his Opposition to the Petition for
Letters of Administration.a. However, RICARDO SR. failed to appear in the heari
ngs for the reception of his evidence, claiming that he had a hearing in Califor
nia.b. When RICARDO SR. sought to postpone the hearing, it was opposed by EDGARD
O who essentially claimed that it was dilatory and harassing, Ricardo Sr. being
fully aware that Edgardo lived in Sydney.c. Ruling on the motion to postpone, Ju
dge Velez declared that RICARDO SR. s failure to appear and adduce evidence on his

behalf amounted to a waiver of such right.5. 10/1991: Subsequently, Judge Velez

appointed EDGARDO as regular administrator.6. After another motion to postpone
another hearing was denied by Judge Velez, RICARDO SR. filed a Petition for Cert
iorari with a Writ of Preliminary Injunction, Prohibition, and/or Restraining Or
der with the CA, questioning the different orders of Judge Velez.a. The CA dismi
ssed this [on the same grounds appreciated by the Supreme Court, infra].7. In th
e SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO
raised Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) used fun
ds of the conjugal partnership to buy three properties in Forbes and Bel Air (Ma
kati), and (2) fraudulently caused these to be registered in the names of his 3
illegitimate children with his admitted mistress Carmen Zuniga. Silverio, Sr. v.
Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short
Facts: Beatriz Silverio died intestate. Her conjugal property was not settled.
Hence, her son EDGARDO sought to be appointed as an administrator by filing a pe
tition for letters of administration. He was appointed special, and later regula
r administrator. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC
should respect the order of preference in Rule 78, 6.Held: A probate court cann
ot arbitrarily disregard the preferential rights of the surviving spouse to the
administration of the estate of a deceased person. However, when the person enjo
ying such preferential rights is unsuitable, the court may appoint another perso
n. The determination of suitability rests on the sound judgment of the appointin
g court.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She was surv
ived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Pet
ition for Letters of Administration with RTC Br. 57 (Makati), followed by an Urg
ent Petition for Appointment of Special Administrator, alleging:a. That Beatriz
acquired undetermined real and personal properties during her marriage;b. That E
dgardo s brother, Ricardo Jr., took over the management of these properties for hi
s own benefit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, wa
s competent and willing to actas administrator.3. The petition was set for heari
ng and notices were published. Meanwhile, Judge Velez of Br. 57 issued an Order
appointing EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s hus
band at the time of her death and Edgardo s stepfather, filed his Opposition to th
e Petition for Letters of Administration.a. However, RICARDO SR. failed to appea
r in the hearings for the reception of his evidence, claiming that he had a hear
ing in California.b. When RICARDO SR. sought to postpone the hearing, it was opp
osed by EDGARDO who essentially claimed that it was dilatory and harassing, Rica
rdo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling on the motion t
o postpone, Judge Velez declared that RICARDO SR. s failure to appear and adduce e
vidence on his behalf amounted to a waiver of such right.5. 10/1991: Subsequentl
y, Judge Velez appointed EDGARDO as regular administrator.6. After another motio
n to postpone another hearing was denied by Judge Velez, RICARDO SR. filed a Pet
ition for Certiorari with a Writ of Preliminary Injunction, Prohibition, and/or
Restraining Order with the CA, questioning the different orders of Judge Velez.a
. The CA dismissed this [on the same grounds appreciated by the Supreme Court, i
nfra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadi
ngs.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an administrator, sinceh
e (1) used funds of the conjugal partnership to buy three properties in Forbes a
nd Bel Air (Makati), and (2) fraudulently caused these to be registered in the n
ames of his 3 illegitimate children with his admitted mistress Carmen Zuniga. Si
lverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Pur
isima, J.Short Facts: Beatriz Silverio died intestate. Her conjugal property was
not settled. Hence, her son EDGARDO sought to be appointed as an administrator
by filing a petition for letters of administration. He was appointed special, an
d later regular administrator. Beatriz s husband RICARDO SR. opposed this, claimin
g that the RTC should respect the order of preference in Rule 78, 6.Held: A prob
ate court cannot arbitrarily disregard the preferential rights of the surviving
spouse to the administration of the estate of a deceased person. However, when t
he person enjoying such preferential rights is unsuitable, the court may appoint
another person. The determination of suitability rests on the sound judgment of
the appointing court.A. Facts1. 1987: Beatriz Silverio died intestate in Makati

. She was survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s so
n, filed a Petition for Letters of Administration with RTC Br. 57 (Makati), foll
owed by an Urgent Petition for Appointment of Special Administrator, alleging:a.
That Beatriz acquired undetermined real and personal properties during her marr
iage;b. That Edgardo s brother, Ricardo Jr., took over the management of these pro
perties for his own benefit and advantage;c. That he, EDGARDO, one of the heirs
of Beatriz, was competent and willing to actas administrator.3. The petition was
set for hearing and notices were published. Meanwhile, Judge Velez of Br. 57 is
sued an Order appointing EDGARDO as special administrator.4. 01/1991: RICARDO SR
., Beatriz s husband at the time of her death and Edgardo s stepfather, filed his Op
position to the Petition for Letters of Administration.a. However, RICARDO SR. f
ailed to appear in the hearings for the reception of his evidence, claiming that
he had a hearing in California.b. When RICARDO SR. sought to postpone the heari
ng, it was opposed by EDGARDO who essentially claimed that it was dilatory and h
arassing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling o
n the motion to postpone, Judge Velez declared that RICARDO SR. s failure to appea
r and adduce evidence on his behalf amounted to a waiver of such right.5. 10/199
1: Subsequently, Judge Velez appointed EDGARDO as regular administrator.6. After
another motion to postpone another hearing was denied by Judge Velez, RICARDO S
R. filed a Petition for Certiorari with a Writ of Preliminary Injunction, Prohib
ition, and/or Restraining Order with the CA, questioning the different orders of
Judge Velez.a. The CA dismissed this [on the same grounds appreciated by the Su
preme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged
several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an adminis
trator, sincehe (1) used funds of the conjugal partnership to buy three properti
es in Forbes and Bel Air (Makati), and (2) fraudulently caused these to be regis
tered in the names of his 3 illegitimate children with his admitted mistress Car
men Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd
Division; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her conjuga
l property was not settled. Hence, her son EDGARDO sought to be appointed as an
administrator by filing a petition for letters of administration. He was appoint
ed special, and later regular administrator. Beatriz s husband RICARDO SR. opposed
this, claiming that the RTC should respect the order of preference in Rule 78,
6.Held: A probate court cannot arbitrarily disregard the preferential rights of
the surviving spouse to the administration of the estate of a deceased person. H
owever, when the person enjoying such preferential rights is unsuitable, the cou
rt may appoint another person. The determination of suitability rests on the sou
nd judgment of the appointing court.A. Facts1. 1987: Beatriz Silverio died intes
tate in Makati. She was survived by her husband and 5 children.2. 12/1990: EDGAR
DO, Beatriz s son, filed a Petition for Letters of Administration with RTC Br. 57
(Makati), followed by an Urgent Petition for Appointment of Special Administrato
r, alleging:a. That Beatriz acquired undetermined real and personal properties d
uring her marriage;b. That Edgardo s brother, Ricardo Jr., took over the managemen
t of these properties for his own benefit and advantage;c. That he, EDGARDO, one
of the heirs of Beatriz, was competent and willing to actas administrator.3. Th
e petition was set for hearing and notices were published. Meanwhile, Judge Vele
z of Br. 57 issued an Order appointing EDGARDO as special administrator.4. 01/19
91: RICARDO SR., Beatriz s husband at the time of her death and Edgardo s stepfather
, filed his Opposition to the Petition for Letters of Administration.a. However,
RICARDO SR. failed to appear in the hearings for the reception of his evidence,
claiming that he had a hearing in California.b. When RICARDO SR. sought to post
pone the hearing, it was opposed by EDGARDO who essentially claimed that it was
dilatory and harassing, Ricardo Sr. being fully aware that Edgardo lived in Sydn
ey.c. Ruling on the motion to postpone, Judge Velez declared that RICARDO SR. s fa
ilure to appear and adduce evidence on his behalf amounted to a waiver of such r
ight.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regular administ
rator.6. After another motion to postpone another hearing was denied by Judge Ve
lez, RICARDO SR. filed a Petition for Certiorari with a Writ of Preliminary Inju
nction, Prohibition, and/or Restraining Order with the CA, questioning the diffe
rent orders of Judge Velez.a. The CA dismissed this [on the same grounds appreci

ated by the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO
SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to
be an administrator, sincehe (1) used funds of the conjugal partnership to buy
three properties in Forbes and Bel Air (Makati), and (2) fraudulently caused the
se to be registered in the names of his 3 illegitimate children with his admitte
d mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar.
11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died intestat
e. Her conjugal property was not settled. Hence, her son EDGARDO sought to be ap
pointed as an administrator by filing a petition for letters of administration.
He was appointed special, and later regular administrator. Beatriz s husband RICAR
DO SR. opposed this, claiming that the RTC should respect the order of preferenc
e in Rule 78, 6.Held: A probate court cannot arbitrarily disregard the preferent
ial rights of the surviving spouse to the administration of the estate of a dece
ased person. However, when the person enjoying such preferential rights is unsui
table, the court may appoint another person. The determination of suitability re
sts on the sound judgment of the appointing court.A. Facts1. 1987: Beatriz Silve
rio died intestate in Makati. She was survived by her husband and 5 children.2.
12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Administration wi
th RTC Br. 57 (Makati), followed by an Urgent Petition for Appointment of Specia
l Administrator, alleging:a. That Beatriz acquired undetermined real and persona
l properties during her marriage;b. That Edgardo s brother, Ricardo Jr., took over
the management of these properties for his own benefit and advantage;c. That he
, EDGARDO, one of the heirs of Beatriz, was competent and willing to actas admin
istrator.3. The petition was set for hearing and notices were published. Meanwhi
le, Judge Velez of Br. 57 issued an Order appointing EDGARDO as special administ
rator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her death and Edga
rdo s stepfather, filed his Opposition to the Petition for Letters of Administrati
on.a. However, RICARDO SR. failed to appear in the hearings for the reception of
his evidence, claiming that he had a hearing in California.b. When RICARDO SR.
sought to postpone the hearing, it was opposed by EDGARDO who essentially claime
d that it was dilatory and harassing, Ricardo Sr. being fully aware that Edgardo
lived in Sydney.c. Ruling on the motion to postpone, Judge Velez declared that
RICARDO SR. s failure to appear and adduce evidence on his behalf amounted to a wa
iver of such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as re
gular administrator.6. After another motion to postpone another hearing was deni
ed by Judge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of Pr
eliminary Injunction, Prohibition, and/or Restraining Order with the CA, questio
ning the different orders of Judge Velez.a. The CA dismissed this [on the same g
rounds appreciated by the Supreme Court, infra].7. In the SC proceedings, EDGARD
O and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s mora
l unfitness to be an administrator, sincehe (1) used funds of the conjugal partn
ership to buy three properties in Forbes and Bel Air (Makati), and (2) fraudulen
tly caused these to be registered in the names of his 3 illegitimate children wi
th his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No
. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio
died intestate. Her conjugal property was not settled. Hence, her son EDGARDO s
ought to be appointed as an administrator by filing a petition for letters of ad
ministration. He was appointed special, and later regular administrator. Beatriz s
husband RICARDO SR. opposed this, claiming that the RTC should respect the orde
r of preference in Rule 78, 6.Held: A probate court cannot arbitrarily disregard
the preferential rights of the surviving spouse to the administration of the es
tate of a deceased person. However, when the person enjoying such preferential r
ights is unsuitable, the court may appoint another person. The determination of
suitability rests on the sound judgment of the appointing court.A. Facts1. 1987:
Beatriz Silverio died intestate in Makati. She was survived by her husband and
5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Adm
inistration with RTC Br. 57 (Makati), followed by an Urgent Petition for Appoint
ment of Special Administrator, alleging:a. That Beatriz acquired undetermined re
al and personal properties during her marriage;b. That Edgardo s brother, Ricardo
Jr., took over the management of these properties for his own benefit and advant

age;c. That he, EDGARDO, one of the heirs of Beatriz, was competent and willing
to actas administrator.3. The petition was set for hearing and notices were publ
ished. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as sp
ecial administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her
death and Edgardo s stepfather, filed his Opposition to the Petition for Letters o
f Administration.a. However, RICARDO SR. failed to appear in the hearings for th
e reception of his evidence, claiming that he had a hearing in California.b. Whe
n RICARDO SR. sought to postpone the hearing, it was opposed by EDGARDO who esse
ntially claimed that it was dilatory and harassing, Ricardo Sr. being fully awar
e that Edgardo lived in Sydney.c. Ruling on the motion to postpone, Judge Velez
declared that RICARDO SR. s failure to appear and adduce evidence on his behalf am
ounted to a waiver of such right.5. 10/1991: Subsequently, Judge Velez appointed
EDGARDO as regular administrator.6. After another motion to postpone another he
aring was denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari wit
h a Writ of Preliminary Injunction, Prohibition, and/or Restraining Order with t
he CA, questioning the different orders of Judge Velez.a. The CA dismissed this
[on the same grounds appreciated by the Supreme Court, infra].7. In the SC proce
edings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ri
cardo Sr. s moral unfitness to be an administrator, sincehe (1) used funds of the
conjugal partnership to buy three properties in Forbes and Bel Air (Makati), and
(2) fraudulently caused these to be registered in the names of his 3 illegitima
te children with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of
AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Be
atriz Silverio died intestate. Her conjugal property was not settled. Hence, her
son EDGARDO sought to be appointed as an administrator by filing a petition for
letters of administration. He was appointed special, and later regular administ
rator. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC should re
spect the order of preference in Rule 78, 6.Held: A probate court cannot arbitra
rily disregard the preferential rights of the surviving spouse to the administra
tion of the estate of a deceased person. However, when the person enjoying such
preferential rights is unsuitable, the court may appoint another person. The det
ermination of suitability rests on the sound judgment of the appointing court.A.
Facts1. 1987: Beatriz Silverio died intestate in Makati. She was survived by he
r husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for
Letters of Administration with RTC Br. 57 (Makati), followed by an Urgent Petiti
on for Appointment of Special Administrator, alleging:a. That Beatriz acquired u
ndetermined real and personal properties during her marriage;b. That Edgardo s bro
ther, Ricardo Jr., took over the management of these properties for his own bene
fit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was competen
t and willing to actas administrator.3. The petition was set for hearing and not
ices were published. Meanwhile, Judge Velez of Br. 57 issued an Order appointing
EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at th
e time of her death and Edgardo s stepfather, filed his Opposition to the Petition
for Letters of Administration.a. However, RICARDO SR. failed to appear in the h
earings for the reception of his evidence, claiming that he had a hearing in Cal
ifornia.b. When RICARDO SR. sought to postpone the hearing, it was opposed by ED
GARDO who essentially claimed that it was dilatory and harassing, Ricardo Sr. be
ing fully aware that Edgardo lived in Sydney.c. Ruling on the motion to postpone
, Judge Velez declared that RICARDO SR. s failure to appear and adduce evidence on
his behalf amounted to a waiver of such right.5. 10/1991: Subsequently, Judge V
elez appointed EDGARDO as regular administrator.6. After another motion to postp
one another hearing was denied by Judge Velez, RICARDO SR. filed a Petition for
Certiorari with a Writ of Preliminary Injunction, Prohibition, and/or Restrainin
g Order with the CA, questioning the different orders of Judge Velez.a. The CA d
ismissed this [on the same grounds appreciated by the Supreme Court, infra].7. I
n the SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDG
ARDO raised Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) used
funds of the conjugal partnership to buy three properties in Forbes and Bel Air
(Makati), and (2) fraudulently caused these to be registered in the names of hi
s 3 illegitimate children with his admitted mistress Carmen Zuniga. Silverio, Sr

. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.S
hort Facts: Beatriz Silverio died intestate. Her conjugal property was not settl
ed. Hence, her son EDGARDO sought to be appointed as an administrator by filing
a petition for letters of administration. He was appointed special, and later re
gular administrator. Beatriz s husband RICARDO SR. opposed this, claiming that the
RTC should respect the order of preference in Rule 78, 6.Held: A probate court
cannot arbitrarily disregard the preferential rights of the surviving spouse to
the administration of the estate of a deceased person. However, when the person
enjoying such preferential rights is unsuitable, the court may appoint another p
erson. The determination of suitability rests on the sound judgment of the appoi
nting court.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She was
survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a
Petition for Letters of Administration with RTC Br. 57 (Makati), followed by an
Urgent Petition for Appointment of Special Administrator, alleging:a. That Beat
riz acquired undetermined real and personal properties during her marriage;b. Th
at Edgardo s brother, Ricardo Jr., took over the management of these properties fo
r his own benefit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz
, was competent and willing to actas administrator.3. The petition was set for h
earing and notices were published. Meanwhile, Judge Velez of Br. 57 issued an Or
der appointing EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s
husband at the time of her death and Edgardo s stepfather, filed his Opposition t
o the Petition for Letters of Administration.a. However, RICARDO SR. failed to a
ppear in the hearings for the reception of his evidence, claiming that he had a
hearing in California.b. When RICARDO SR. sought to postpone the hearing, it was
opposed by EDGARDO who essentially claimed that it was dilatory and harassing,
Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruling on the moti
on to postpone, Judge Velez declared that RICARDO SR. s failure to appear and addu
ce evidence on his behalf amounted to a waiver of such right.5. 10/1991: Subsequ
ently, Judge Velez appointed EDGARDO as regular administrator.6. After another m
otion to postpone another hearing was denied by Judge Velez, RICARDO SR. filed a
Petition for Certiorari with a Writ of Preliminary Injunction, Prohibition, and
/or Restraining Order with the CA, questioning the different orders of Judge Vel
ez.a. The CA dismissed this [on the same grounds appreciated by the Supreme Cour
t, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged several pl
eadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an administrator, si
ncehe (1) used funds of the conjugal partnership to buy three properties in Forb
es and Bel Air (Makati), and (2) fraudulently caused these to be registered in t
he names of his 3 illegitimate children with his admitted mistress Carmen Zuniga
. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division;
Purisima, J.Short Facts: Beatriz Silverio died intestate. Her conjugal property
was not settled. Hence, her son EDGARDO sought to be appointed as an administra
tor by filing a petition for letters of administration. He was appointed special
, and later regular administrator. Beatriz s husband RICARDO SR. opposed this, cla
iming that the RTC should respect the order of preference in Rule 78, 6.Held: A
probate court cannot arbitrarily disregard the preferential rights of the surviv
ing spouse to the administration of the estate of a deceased person. However, wh
en the person enjoying such preferential rights is unsuitable, the court may app
oint another person. The determination of suitability rests on the sound judgmen
t of the appointing court.A. Facts1. 1987: Beatriz Silverio died intestate in Ma
kati. She was survived by her husband and 5 children.2. 12/1990: EDGARDO, Beatri
z s son, filed a Petition for Letters of Administration with RTC Br. 57 (Makati),
followed by an Urgent Petition for Appointment of Special Administrator, allegin
g:a. That Beatriz acquired undetermined real and personal properties during her
marriage;b. That Edgardo s brother, Ricardo Jr., took over the management of these
properties for his own benefit and advantage;c. That he, EDGARDO, one of the he
irs of Beatriz, was competent and willing to actas administrator.3. The petition
was set for hearing and notices were published. Meanwhile, Judge Velez of Br. 5
7 issued an Order appointing EDGARDO as special administrator.4. 01/1991: RICARD
O SR., Beatriz s husband at the time of her death and Edgardo s stepfather, filed hi
s Opposition to the Petition for Letters of Administration.a. However, RICARDO S

R. failed to appear in the hearings for the reception of his evidence, claiming
that he had a hearing in California.b. When RICARDO SR. sought to postpone the h
earing, it was opposed by EDGARDO who essentially claimed that it was dilatory a
nd harassing, Ricardo Sr. being fully aware that Edgardo lived in Sydney.c. Ruli
ng on the motion to postpone, Judge Velez declared that RICARDO SR. s failure to a
ppear and adduce evidence on his behalf amounted to a waiver of such right.5. 10
/1991: Subsequently, Judge Velez appointed EDGARDO as regular administrator.6. A
fter another motion to postpone another hearing was denied by Judge Velez, RICAR
DO SR. filed a Petition for Certiorari with a Writ of Preliminary Injunction, Pr
ohibition, and/or Restraining Order with the CA, questioning the different order
s of Judge Velez.a. The CA dismissed this [on the same grounds appreciated by th
e Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICARDO SR. exchan
ged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitness to be an adm
inistrator, sincehe (1) used funds of the conjugal partnership to buy three prop
erties in Forbes and Bel Air (Makati), and (2) fraudulently caused these to be r
egistered in the names of his 3 illegitimate children with his admitted mistress
Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979; Mar. 11, 1999;
3rd Division; Purisima, J.Short Facts: Beatriz Silverio died intestate. Her con
jugal property was not settled. Hence, her son EDGARDO sought to be appointed as
an administrator by filing a petition for letters of administration. He was app
ointed special, and later regular administrator. Beatriz s husband RICARDO SR. opp
osed this, claiming that the RTC should respect the order of preference in Rule
78, 6.Held: A probate court cannot arbitrarily disregard the preferential rights
of the surviving spouse to the administration of the estate of a deceased perso
n. However, when the person enjoying such preferential rights is unsuitable, the
court may appoint another person. The determination of suitability rests on the
sound judgment of the appointing court.A. Facts1. 1987: Beatriz Silverio died i
ntestate in Makati. She was survived by her husband and 5 children.2. 12/1990: E
DGARDO, Beatriz s son, filed a Petition for Letters of Administration with RTC Br.
57 (Makati), followed by an Urgent Petition for Appointment of Special Administ
rator, alleging:a. That Beatriz acquired undetermined real and personal properti
es during her marriage;b. That Edgardo s brother, Ricardo Jr., took over the manag
ement of these properties for his own benefit and advantage;c. That he, EDGARDO,
one of the heirs of Beatriz, was competent and willing to actas administrator.3
. The petition was set for hearing and notices were published. Meanwhile, Judge
Velez of Br. 57 issued an Order appointing EDGARDO as special administrator.4. 0
1/1991: RICARDO SR., Beatriz s husband at the time of her death and Edgardo s stepfa
ther, filed his Opposition to the Petition for Letters of Administration.a. Howe
ver, RICARDO SR. failed to appear in the hearings for the reception of his evide
nce, claiming that he had a hearing in California.b. When RICARDO SR. sought to
postpone the hearing, it was opposed by EDGARDO who essentially claimed that it
was dilatory and harassing, Ricardo Sr. being fully aware that Edgardo lived in
Sydney.c. Ruling on the motion to postpone, Judge Velez declared that RICARDO SR
. s failure to appear and adduce evidence on his behalf amounted to a waiver of su
ch right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO as regular admi
nistrator.6. After another motion to postpone another hearing was denied by Judg
e Velez, RICARDO SR. filed a Petition for Certiorari with a Writ of Preliminary
Injunction, Prohibition, and/or Restraining Order with the CA, questioning the d
ifferent orders of Judge Velez.a. The CA dismissed this [on the same grounds app
reciated by the Supreme Court, infra].7. In the SC proceedings, EDGARDO and RICA
RDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s moral unfitnes
s to be an administrator, sincehe (1) used funds of the conjugal partnership to
buy three properties in Forbes and Bel Air (Makati), and (2) fraudulently caused
these to be registered in the names of his 3 illegitimate children with his adm
itted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R. No. 109979;
Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silverio died inte
state. Her conjugal property was not settled. Hence, her son EDGARDO sought to b
e appointed as an administrator by filing a petition for letters of administrati
on. He was appointed special, and later regular administrator. Beatriz s husband R
ICARDO SR. opposed this, claiming that the RTC should respect the order of prefe

rence in Rule 78, 6.Held: A probate court cannot arbitrarily disregard the prefe
rential rights of the surviving spouse to the administration of the estate of a
deceased person. However, when the person enjoying such preferential rights is u
nsuitable, the court may appoint another person. The determination of suitabilit
y rests on the sound judgment of the appointing court.A. Facts1. 1987: Beatriz S
ilverio died intestate in Makati. She was survived by her husband and 5 children
.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of Administratio
n with RTC Br. 57 (Makati), followed by an Urgent Petition for Appointment of Sp
ecial Administrator, alleging:a. That Beatriz acquired undetermined real and per
sonal properties during her marriage;b. That Edgardo s brother, Ricardo Jr., took
over the management of these properties for his own benefit and advantage;c. Tha
t he, EDGARDO, one of the heirs of Beatriz, was competent and willing to actas a
dministrator.3. The petition was set for hearing and notices were published. Mea
nwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO as special admi
nistrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of her death and
Edgardo s stepfather, filed his Opposition to the Petition for Letters of Administ
ration.a. However, RICARDO SR. failed to appear in the hearings for the receptio
n of his evidence, claiming that he had a hearing in California.b. When RICARDO
SR. sought to postpone the hearing, it was opposed by EDGARDO who essentially cl
aimed that it was dilatory and harassing, Ricardo Sr. being fully aware that Edg
ardo lived in Sydney.c. Ruling on the motion to postpone, Judge Velez declared t
hat RICARDO SR. s failure to appear and adduce evidence on his behalf amounted to
a waiver of such right.5. 10/1991: Subsequently, Judge Velez appointed EDGARDO a
s regular administrator.6. After another motion to postpone another hearing was
denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari with a Writ o
f Preliminary Injunction, Prohibition, and/or Restraining Order with the CA, que
stioning the different orders of Judge Velez.a. The CA dismissed this [on the sa
me grounds appreciated by the Supreme Court, infra].7. In the SC proceedings, ED
GARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raised Ricardo Sr. s
moral unfitness to be an administrator, sincehe (1) used funds of the conjugal p
artnership to buy three properties in Forbes and Bel Air (Makati), and (2) fraud
ulently caused these to be registered in the names of his 3 illegitimate childre
n with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court of AppealsG.R
. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts: Beatriz Silv
erio died intestate. Her conjugal property was not settled. Hence, her son EDGAR
DO sought to be appointed as an administrator by filing a petition for letters o
f administration. He was appointed special, and later regular administrator. Bea
triz s husband RICARDO SR. opposed this, claiming that the RTC should respect the
order of preference in Rule 78, 6.Held: A probate court cannot arbitrarily disre
gard the preferential rights of the surviving spouse to the administration of th
e estate of a deceased person. However, when the person enjoying such preferenti
al rights is unsuitable, the court may appoint another person. The determination
of suitability rests on the sound judgment of the appointing court.A. Facts1. 1
987: Beatriz Silverio died intestate in Makati. She was survived by her husband
and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition for Letters of
Administration with RTC Br. 57 (Makati), followed by an Urgent Petition for App
ointment of Special Administrator, alleging:a. That Beatriz acquired undetermine
d real and personal properties during her marriage;b. That Edgardo s brother, Rica
rdo Jr., took over the management of these properties for his own benefit and ad
vantage;c. That he, EDGARDO, one of the heirs of Beatriz, was competent and will
ing to actas administrator.3. The petition was set for hearing and notices were
published. Meanwhile, Judge Velez of Br. 57 issued an Order appointing EDGARDO a
s special administrator.4. 01/1991: RICARDO SR., Beatriz s husband at the time of
her death and Edgardo s stepfather, filed his Opposition to the Petition for Lette
rs of Administration.a. However, RICARDO SR. failed to appear in the hearings fo
r the reception of his evidence, claiming that he had a hearing in California.b.
When RICARDO SR. sought to postpone the hearing, it was opposed by EDGARDO who
essentially claimed that it was dilatory and harassing, Ricardo Sr. being fully
aware that Edgardo lived in Sydney.c. Ruling on the motion to postpone, Judge Ve
lez declared that RICARDO SR. s failure to appear and adduce evidence on his behal

f amounted to a waiver of such right.5. 10/1991: Subsequently, Judge Velez appoi

nted EDGARDO as regular administrator.6. After another motion to postpone anothe
r hearing was denied by Judge Velez, RICARDO SR. filed a Petition for Certiorari
with a Writ of Preliminary Injunction, Prohibition, and/or Restraining Order wi
th the CA, questioning the different orders of Judge Velez.a. The CA dismissed t
his [on the same grounds appreciated by the Supreme Court, infra].7. In the SC p
roceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a. EDGARDO raise
d Ricardo Sr. s moral unfitness to be an administrator, sincehe (1) used funds of
the conjugal partnership to buy three properties in Forbes and Bel Air (Makati),
and (2) fraudulently caused these to be registered in the names of his 3 illegi
timate children with his admitted mistress Carmen Zuniga. Silverio, Sr. v. Court
of AppealsG.R. No. 109979; Mar. 11, 1999; 3rd Division; Purisima, J.Short Facts
: Beatriz Silverio died intestate. Her conjugal property was not settled. Hence,
her son EDGARDO sought to be appointed as an administrator by filing a petition
for letters of administration. He was appointed special, and later regular admi
nistrator. Beatriz s husband RICARDO SR. opposed this, claiming that the RTC shoul
d respect the order of preference in Rule 78, 6.Held: A probate court cannot arb
itrarily disregard the preferential rights of the surviving spouse to the admini
stration of the estate of a deceased person. However, when the person enjoying s
uch preferential rights is unsuitable, the court may appoint another person. The
determination of suitability rests on the sound judgment of the appointing cour
t.A. Facts1. 1987: Beatriz Silverio died intestate in Makati. She was survived b
y her husband and 5 children.2. 12/1990: EDGARDO, Beatriz s son, filed a Petition
for Letters of Administration with RTC Br. 57 (Makati), followed by an Urgent Pe
tition for Appointment of Special Administrator, alleging:a. That Beatriz acquir
ed undetermined real and personal properties during her marriage;b. That Edgardo s
brother, Ricardo Jr., took over the management of these properties for his own
benefit and advantage;c. That he, EDGARDO, one of the heirs of Beatriz, was comp
etent and willing to actas administrator.3. The petition was set for hearing and
notices were published. Meanwhile, Judge Velez of Br. 57 issued an Order appoin
ting EDGARDO as special administrator.4. 01/1991: RICARDO SR., Beatriz s husband a
t the time of her death and Edgardo s stepfather, filed his Opposition to the Peti
tion for Letters of Administration.a. However, RICARDO SR. failed to appear in t
he hearings for the reception of his evidence, claiming that he had a hearing in
California.b. When RICARDO SR. sought to postpone the hearing, it was opposed b
y EDGARDO who essentially claimed that it was dilatory and harassing, Ricardo Sr
. being fully aware that Edgardo lived in Sydney.c. Ruling on the motion to post
pone, Judge Velez declared that RICARDO SR. s failure to appear and adduce evidenc
e on his behalf amounted to a waiver of such right.5. 10/1991: Subsequently, Jud
ge Velez appointed EDGARDO as regular administrator.6. After another motion to p
ostpone another hearing was denied by Judge Velez, RICARDO SR. filed a Petition
for Certiorari with a Writ of Preliminary Injunction, Prohibition, and/or Restra
ining Order with the CA, questioning the different orders of Judge Velez.a. The
CA dismissed this [on the same grounds appreciated by the Supreme Court, infra].
7. In the SC proceedings, EDGARDO and RICARDO SR. exchanged several pleadings.a.
EDGARDO raised Ricardo Sr. s moral unfitness to be an administrator, sincehe (1)
used funds of the conjugal partnership to buy three properties in Forbes and Bel
Air (Makati), and (2) fraudulently caused these to be registered in the names o
f his 3 illegitimate children with his admitted mistress Carmen Zuniga.