Case Summary (G.R. No. L-12132)
Procedural History
Elena Cotia was appointed as the administratrix of Mariano Cotia's estate on June 13, 1950. Following a considerable lapse of time, she failed to submit an accounting of her administration by the required date of June 18, 1955. Subsequently, the oppositors-appellees filed a motion for her removal, leading to a court order for Elena Cotia to present her accounting.
Mismanagement of Funds
During the proceedings, it was revealed that Elena Cotia had disbursed a total of P64,650 for family expenses and attorney's fees without obtaining prior judicial authorization. These actions were considered a significant violation of her duties as administratrix, prompting the oppositors to seek her removal on the grounds of neglect and unauthorized expenditure.
Legal Basis for Removal
The court upheld the decision to remove Elena Cotia based on Section 2, Rule 83 of the Rules of Court, which permits the removal of an administrator who neglects to render accounts and settle the estate as required by law. The findings indicated that her unauthorized disbursements further constituted a failure to comply with Section 3, Rule 84 of the Rules of Court, which mandates that allowances to the family of the deceased be made only under court direction.
Conclusion
The appellate court affirmed the lower court's order, concluding that the remova
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Case Overview
- This case involves an appeal from the order of the Court of First Instance of Manila regarding the administration of the estate of Mariano Cotia.
- The petitioners-appellants in this case are Elena Cotia and others, while the oppositors-appellees are Maria Jimenez and others.
Background Information
- Elena Cotia was appointed as the administratrix of the estate on June 13, 1950.
- By June 18, 1955, she had failed to submit an accounting of her administration, prompting a motion from the oppositors-appellees for her to do so.
- During the subsequent hearing on the accounts, it was revealed that Elena Cotia had made significant expenditures without prior judicial authority.
Unauthorized Disbursements
- A total of P64,650 was expended by Elena Cotia for family expenses and attorney's fees.
- These disbursements were made without prior approval from the court, constituting a breach of her duties as