Case Digest (G.R. No. 156956)
Facts:
Rosa Nia D. Santos, the petitioner, filed a Petition for guardianship over her niece, minor Juliana Rose A. Oscaris, following the death of Juliana's mother, Jemyleen Rose Agustin, on September 18, 2008. Juliana, born on September 17, 2008, had been living with Rosa and her mother Rosalinda Danao in Mandaluyong City. Juliana's father Julius Oscaris, who was unemployed and unable to provide financial support, expressed full consent and support for the guardianship of Rosa. Rosa financially supported Juliana's education, healthcare including therapy for ADHD, and everyday needs. Despite her marriage to Jeremy Galman and relocation to the United Kingdom in 2017, Rosa maintained close contact and continued to exercise parental authority over Juliana. She also brought Juliana and Rosalinda to the UK for a period and maintained regular communication through video calls. The Regional Trial Court (RTC) denied Rosa's petition, citing her residence abroad and reliance on others for Julian...Case Digest (G.R. No. 156956)
Facts:
- Background and Parties
- Rosa Nia D. Santos (Rosa), the petitioner, filed a Petition for guardianship over her niece Juliana Rose A. Oscaris (Juliana), a minor.
- Juliana was born on September 17, 2008, to Jemyleen Rose Agustin, who passed away the following day.
- Juliana has a biological father, Julius Oscaris (Julius), who was unemployed and unable to provide financial support at the time.
- Custody and Support History
- After Jemyleen's death, Rosa and her mother Rosalinda Danao agreed to raise Juliana.
- Juliana lived with Rosa and Rosalinda in Mandaluyong City.
- Julius supported Rosa’s guardianship and had minimal involvement with Juliana.
- Rosa was the breadwinner, supporting Juliana’s schooling and therapy related to her ADHD diagnosis.
- Rosa’s Personal Circumstances
- Rosa married Jeremy Galman, a solicitor based in London, on May 1, 2017, and relocated to the UK.
- Despite living abroad, Rosa maintained a close relationship and exercised de facto parental authority over Juliana.
- Jeremy supported Rosa’s guardianship petition and intended to assist in raising Juliana.
- Lower Courts’ Decisions
- The Regional Trial Court (RTC) denied Rosa’s petition for guardianship citing her residence in the UK and inability to exercise custody.
- The Court of Appeals (CA) affirmed the RTC decision, relying heavily on the doctrine in Vancil v. Belmes that disallows appointment of guardians not within Philippine jurisdiction.
- Petitioner’s Arguments in Supreme Court
- Rosa asserted her continued parental role and financial support despite residence abroad.
- She stressed Julius' neglect and lack of willingness to serve as guardian.
- Rosa argued that Vancil is distinguishable because she retained Philippine citizenship and exercised custody prior to her relocation.
- OSG’s Position
- The Office of the Solicitor General (OSG) supported Rosa’s petition, noting that physical distance did not negate her fitness as guardian.
- The OSG highlighted Rosa’s stable financial standing and active involvement in Juliana’s life.
Issues:
- Whether the Court of Appeals erred in affirming the RTC’s denial of Rosa’s guardianship petition based on her residence abroad.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)