G.R. No. 132223, June 19 2001 [Guardianship]
FACTS:
The RTC appointed Bonifacia Vancil, an American citizen, as legal and judicial
guardian over the persons and estate of Valerie and Vincent, the children of
her deceased son Reeder. Helen Belmes, the natural mother of the minor children,
instituted a motion for removal of Guardianship and Appointment of Vancil,
asserting that she is the natural mother in custody of and exercising parental
authority over the subject minors. Trial court rejected Belmes'petition. The CA
reversed the RTC order. Since Valerie had reached the age of majority at the
time the case reached the SC, the Court resolves to determine who between the
mother and grandmother of minor Vincent should be his guardian.
ISSUE:
Whether Helen Belmes is the sole guardian of the minor
Vincent.
RULING:
Belmes, being the natural mother of Vincent, has the
preferential right to be his guardian. Art. 211 of the FC states: "The
father and the mother shall jointly exercise parental authority over the
persons of their common children. In case of disagreement, the father’s
decision shall prevail, unless there is a judicial order to the contrary. xxx."
Vancil, as the surviving grandparent, can exercise
substitute parental authority only in case of death, absence or unsuitability
of Belmes. Considering that Belmes is still alive and has exercised
continuously parental authority over Vincent, Vancil has to prove
Belmes'unsuitability. Assuming that Belmes is unfit as a guardian of Vincent,
still Vancil cannot qualify as a substitute guardian. She admitted in her
petition that an expatriate like her will find difficulty of discharging the
duties of a guardian. As the Court held in Guerrero vs Teran, the courts should
not appoint persons as guardians who are not within the jurisdiction of the
courts as they will find it difficult to protect the wards.
