G.R. No. and Date: G.R. No. L-10560; March 24, 1916

FACTS:
This is an appeal from an order of the probate court appointing an administrator for the estate of the deceased Tan Po Pic. Two women, Marta Torres and a Chinese woman named Yu Teng New, each claimed to be the lawful wife of the deceased. Marta Torres objected to the appointment of anyone except herself as administrator, while Juan Cailles Tan Poo, on behalf of Yu Teng New, opposed Marta Torres’s appointment. The probate court, unable to determine which claimant was the lawful wife, appointed a disinterested third person, Juan L. Javier, as administrator. Marta Torres appealed this order.

ISSUE:
Did the probate court err in appointing a disinterested third person as administrator instead of Marta Torres, given the competing claims to being the lawful wife of the deceased?

RULING:
No, the probate court did not err. The Supreme Court affirmed the lower court’s order. The Court held that under Section 642 of the Code of Civil Procedure, letters of administration are granted first to the surviving spouse. However, when there is a bona fide dispute as to who the lawful spouse is, and the probate court cannot readily resolve that dispute, it is within the court’s sound discretion to appoint a disinterested third person as administrator. This appointment is for the best interest of the estate and all parties, particularly where litigation between the claimants is anticipated. The appointment of a neutral administrator does not constitute a ruling on the validity of either marital claim; that issue is to be settled in the subsequent administration proceedings. The assigned errors, including the court’s consideration of the claim of a Chinese wife and its refusal to find Marta Torres as the lawful wife, were found insufficient to reverse the order.