Kalaw Vs Iac Specpro Report

 Carlos Lim Kalaw died intestate on July 8,
1970.
 On April 25, 1974, the trial court appointed
Ana Lim Kalaw as special administratrix.
 On October 6, 1977, the trial court issued
another order appointing petitioner as the
judicial administratrix of said estate and a
Letter of Administration was issued to the
petitioner after the latter took her oath of
office on November 11, 1977.
 Thereafter, Jose Lim filed a motion to require
petitioner to render an accounting of her
administration of said estate which was granted
by respondent Judge Ricardo Diaz in an order
dated December 8, 1982.
 On July 1, 1983, respondent judge issued

another order requiring petitioner to render an
accounting of her administration with the
express instruction that said order be personally
served upon the petitioner since the order dated
December 8, 1982 was returned to the Court
unserved. However, said order was also not
received by the petitioner.
 On January 31, 1984, private respondent Rosa Lim Kalaw filed a
motion to remove petitioner as administratrix of their father’s
estate and to appoint instead private respondent on the ground
of negligence on the part of petitioner in her duties for failing to
render an accounting of her administration since her
appointment as administratrix more than six years ago in
violation of Section 8 of Rule 85 of the Revised Rules of Court.
 On February 21, 1984, respondent judge issued another order

requiring petitioner to render an accounting within 30 days from
receipt thereof which she did on March 22, 1984. She likewise
filed on the same date, her Opposition to the motion praying for
her removal as administratrix alleging that the delay in rendering
said accounting was due to the fact that Judge Carlos Sundiam,
who was the judge where the intestate proceeding was
assigned, had then been promoted to the Court of Appeals
causing said sala to be vacated for a considerable length of
time, while newly-appointed Judge Joel Tiongco died of cardiac
arrest soon after his appointment to said vacancy, so much so
that she did not know to whom to render an accounting report.
 The trial court rendered a decision removing petitioner as
Administratrix of the Estate of late Carlos Lim Kalaw for violating
the provisions of Section 8, Rule 85 of the Rules of Court for not
rendering an account of her administration within one (1) year
from date of receipt of the letters of administration and this
constitutes negligence on her part to perform her duty as
Administratrix and under Section 2, Rule 82 of the Rules of
Court, neglect on the part of the administratrix to render her
account is a ground for her removal as an administratrix.
 Petitioner filed a Petition for Certiorari with Preliminary Injunction

or Restraining Order with the then Intermediate Appellate Court
to annul and set aside the following Orders issued by
respondent Judge Diaz removing petitioner as Administratrix and
the appointment of private Respondent Rosa Lim Kalaw as
administratrix of subject Estate. The petition was denied.
Petitioner’s motion for reconsideration was likewise denied.
Issue:
Whether or not the removal of petitioner
as administratrix was proper.
Ruling:
Yes, the removal of petitioner as
administratrix was on the ground of her
failure for 6 years and 3 months from the
time she was appointed as
administratrix to render an accounting of
her administration as required by
Section 8 of Rule 85 of the Rules of
Court.
 Section 8 of Rule 85 of the Revised Rules of Court provides that:
"SEC. 8. When executor or administrator to render account. —
Every executor or administrator shall render an account of his
administration within one (1) year from the time of receiving
letters testamentary or of administration, unless the court
otherwise directs because of extensions of time for presenting
claims against, or paying the debts of, the estate, or for
disposing of the estate; and he shall render such further
accounts as the court may require until the estate is wholly
settled." library
 The rendering of an accounting by an administrator of his

administration within one year from his appointment is
mandatory, as shown by the use of the word "shall" in said rule.
The only exception is when the Court otherwise directs because
of extensions of time for presenting claims against the estate or
for paying the debts or disposing the assets of the estate, which
do not exist in the case at bar.
 Furthermore, petitioner’s excuse that the
sala where the intestate proceeding was
pending was vacant most of the time
deserves scant consideration since petitioner
never attempted to file with said court an
accounting report of her administration
despite the fact that at one time or another,
Judge Sundiam and Judge Tiongco were
presiding over said sala during their
incumbency.
Dispositive Portion:
WHEREFORE, finding no merit in the
petition for certiorari, prohibition and
mandamus with preliminary injunction,
the same is hereby DENIED. Costs
against petitioner.
SO ORDERED.

Kalaw Vs Iac Specpro Report

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 Carlos Lim Kalaw died intestate on July 8,

 On July 1, 1983, respondent judge issued

 On February 21, 1984, respondent judge issued another order

 Petitioner filed a Petition for Certiorari with Preliminary Injunction

 The rendering of an accounting by an administrator of his

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