G.R. No. 20080; March 27, 1923
Intestate Estate of the Deceased Geronima Uy Coque. Juan Navas L. Sioca, petitioner-appellant, vs. Jose Garcia, administrator-appellee.

FACTS

Juan Navas L. Sioca, the surviving spouse of the deceased Geronima Uy Coque, appealed from an order of the Court of First Instance of Samar appointing Jose Garcia as the administrator of his deceased wife’s estate. The appellant argued that the court erred in not appointing him as administrator, claiming a preferential right as the surviving spouse.

ISSUE

Whether the probate court erred in appointing Jose Garcia as administrator instead of the surviving spouse, Juan Navas L. Sioca, on the ground of the latter’s unsuitability.

RULING

No, the court did not err. The order of the lower court is affirmed. While a surviving spouse generally has a preferential right to administer the estate of the deceased spouse under Section 642 of the Code of Civil Procedure, this right is not absolute. The court may appoint another person if the spouse is found to be unsuitable. Unsuitability may consist of adverse interests or hostility toward those interested in the estate. The lower court based its finding of unsuitability on the record in another civil case (No. 1041), which indicated the appellant had adverse interests in the estate. The determination of suitability rests largely in the sound discretion of the probate court, and its judgment will not be disturbed on appeal unless an error is affirmatively shown. The Supreme Court, not having the record of Case No. 1041 before it, presumed the lower court’s findings were sufficient.