Title
Cotia vs. Jimenez
Case
G.R. No. L-12132
Decision Date
Dec 22, 1958
Elena Cotia, administratrix of Mariano Cotia's estate, removed for failing to submit accounts and unauthorized P64,650 disbursements, violating court rules.

Case Digest (G.R. No. L-12132)
Expanded Legal Reasoning Model

Facts:

  • Appointment and Administration
    • Elena Cotia was appointed administratrix of the intestate estate of the deceased Mariano Cotia on June 13, 1950 by the Court of First Instance of Manila.
    • As administratrix, she was responsible for managing and settling the estate in accordance with the law and court rules.
  • Failure to Render an Accounting
    • Elena Cotia failed to submit a complete statement of account for her administration up to June 18, 1955, as required.
    • The court, acting on a motion by the oppositors-appellees, directed her to provide the necessary accounting of the estate’s transactions.
  • Unauthorized Disbursements
    • During the hearing of the submitted statement of accounts, it was established that Elena Cotia expended an aggregate sum of P64,650.
    • This sum was used for family expenses and attorney’s fees without prior judicial sanction or authority.
    • The unauthorized use of the estate funds directly contravened the prescribed rules governing estate management.
  • Motion for Removal
    • The oppositors-appellees, protesting the unauthorized disbursements and the failure to render proper accounting, filed a motion for the removal of Elena Cotia as administratrix.
    • The lower court granted the motion, thereby relieving her of her duty and appointing the Philippine Trust Company as the new administrator of the estate.

Issues:

  • Jurisdiction and Authority
    • Did the lower court have the authority under the Rules of Court to remove an administratrix who failed to provide the required accounting of the estate?
    • Was the removal justified given the alleged neglect in performing her duties?
  • Unauthorized Expenditures
    • Were the family expenses and attorney’s fees totaling P64,650, which were disbursed without prior judicial authority, in violation of the applicable provisions of the Rules of Court?
    • To what extent did such unauthorized disbursements justify the removal of the administratrix from her post?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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