Case Digest (G.R. No. 132223)
Facts:
Bonifacia P. Vancil v. Helen G. Belmes, G.R. No. 132223, June 19, 2001, Supreme Court Third Division, Sandoval‑Gutierrez, J., writing for the Court.Petitioner Bonifacia P. Vancil is the maternal grandmother of minors Valerie and Vincent Vancil Jr.; respondent Helen G. Belmes is their natural mother. Their father, Reeder C. Vancil, a U.S. Navy serviceman, died in the United States on December 22, 1986.
In May 1987 Bonifacia filed a petition for guardianship over the persons and properties of Valerie (then 6) and Vincent (then 2) before the Regional Trial Court (RTC) of Cebu City, docketed as Special Proceedings No. 1618‑CEB, alleging the minors had estate proceeds from their father’s death pension. After publication, the RTC appointed Bonifacia as legal and judicial guardian on July 15, 1987.
On August 13, 1987, respondent Belmes filed an opposition asserting she had already filed a similar guardianship petition in Pagadian City. On June 27, 1988 Belmes moved for removal of guardian and appointment of a new one, alleging improper venue, that she had actual custody at Maralag, Dumingag, Zamboanga del Sur, and that petitioner was then a resident and naturalized citizen of the United States. On October 12, 1988 the RTC denied Belmes’ motion and ordered petitioner to enter upon performance of her duties upon posting bond; reconsideration was denied November 24, 1988.
Belmes appealed to the Court of Appeals (CA-G.R. CV No. 45650). On July 29, 1997 the Court of Appeals reversed the RTC, held that the natural mother has a preferential right as natural guardian and that nothing showed Belmes should be deprived of that right, and dismissed Special Proceedings No. 1618‑CEB. Petitioner sought relief in the Supreme Court by a petition for review on certiorari (Rule 45), filed March 10, 1998. Belmes notified the Court that Valerie reached majority on September 2, 1998; the Court noted that manifestation in its...(Pro-only)
Issues:
- Is the petition moot with respect to Valerie, who has reached the age of majority?
- Does the natural mother, Helen G. Belmes, have the preferential right to be guardian of Vincent that excludes appointment of his grandmother Bonifacia Vancil absent proof of unsuitability?
- Can petitioner Bonifacia Vancil, a U.S. citizen and resident in Colorado, qualify as substitute guardian des...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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