SPECPRO MCQ Page 104-127

1. In settlement proceedings, appeal may be taken from an:

a. order appointing a special administrator;

b. order appointing an administrator;

c. order of an administrator to recover property of the estate;

d. order to include or exclude property from the estate.

SUGGESTED ANSWER: (b) an order appointing a regular administrator is appealable (See Sy Hong Eng
vs. Sy Liac Suy, 8 Phil., 594). An order of a CFI appointing an administrator of a deceased person‟s estate
has been held to be a final determination of the rights of the parties thereunder, and is appealable.
(Intestate Estate of Luis Morales et. Al. Vs. SIcat, L-5236, May 5, 1953). On the other hadn, an order
appointing a special administrator is interlocutory in nature and a mere incident in the judicial
proceedings, hence not appealable. (Rule 109, Sec. 1, Rules of Court) (Samson vs. Samson, 102 Phil. 735;
Tan vs. Gedorio, Jr. G.R. No. 166520, March 14, 2008).

4. In default of parents, the court may appoint a guardian for a minor giving first preference to:

a. an older brother or sister who is over 18 years old.

b. the actual custodian over 21 years old.

c. a paternal grandparent

d. an uncle or aunt over 21 years old.

SUGGESTED ANSWER: (c), In default of parents or a court appointed guardian, the court may appoint a
guardian of the person or property, or both of a minor, observing as far as practicable, the following
order of preference: (a) the surviving grandparent. In case several grandparents survive, the court shall
select any of them taking into account all relevant considerations; (b) the oldest brother or sister of the
minor over twenty-one years of age, unless unfit or disqualified; (c) the actual custodian of the minor
over twenty-one years of age, unless unfit or disqualified; and (d) any other person, who in the sound
discretion of the court, would serve the best interests of the minor. (SEC. 6, A.M. No. 03-02-05-SC 2003-
05-01, Rule on Guardianship of Minors).