Guy VS. CA, Sept.

15, 2006
Aldrich Lipata

Facts: Private respondents Karen, Kamille represented by their

mother Remedios filed a petition for letters of administration
entitled Intestate Estate of Sima Wei.
Respondents alleged that they are acknowledged as illegitimate
children of Sima Wei who died. Respondents in this case prayed
for the appointment of a regular administrator for the orderly
settlement of Sima Wei's estate. They also prayed that petitioner
Guy, son of the decedent, be appointed as Special administrator.
Petitioner Guy, filed for dismissal of the petition stating that his
father left no debts thus, said estate maybe fixed without the
issuance of letters administration. Other heirs of Sima Wei filed a
joint motion to dismiss on the ground that the certification against
forum shopping should have been signed by private respondents
and not their counsel. They contended that Remedios should have
executed the certification on behalf of her minor daughters.
The joint motion to dismiss was denied by the lower court and the
supplemental motion was also dismissed stating that the mother
is not the duly constituted guardian of the minors therefore, she
could not have signed the waiver validly. Objections to the
certificate of non-forum shopping by the petitioner were also
rejected. The Court of Appeals affirmed the orders of the lower
court. Hence, this petition.

Issue: Whether or not a guardian can validly repudiate the

inheritance the wards.

Held: No, Petition has no merit.

The court held that repudiation amounts to alienation of said
property, parents and guardians must necessarily amount to
judicial approval. Repudiation of inheritance must pass the court's
inspection in order to defend the best interest of the ward.
Without having been allowed by the court, the release or waiver is
therefore void. Furthermore, the private-respondents could not
have waived their hypothetical right as they have not yet proved
their status as illegitimate children. It would be contradictory to
rule that they have waived a right which, according to the
petitioner, they do not have.