Vancil vs Belmes

358 SCRA 707

Facts:
1. Petitioner, Bonifacia Vancil, is the mother of Reeder C. Vancil,
a Navy serviceman of the United States of America who died in
the said country on ecem!er "", 1#$%. urin& his lifetime,
Reeder had two '"( children named Valerie and Vincent !y his
common)law wife,Res*ondent +elen ,. Belmes.
". -ay of 1#$.) Petitioner files &uardianshi* *roceedin&s w/ R0C
of Ce!u over the *ersons and *ro*erties of minors Valerie and
Vincent 'Valerie was only % years old while Vincent was a ")
year old(.
1. 2uly 13, 1#$.) Bonifacia Vancil was a**ointed le&al and 4udicial
&uardian.
5. Au&ust 11, 1#$.) 6 su!mitted an o**osition to the su!4ect
&uardianshi* *roceedin&s asseveratin& that she had already
filed a similar *etition for &uardianshi*.
3. 2une "., 1#$$) 6 files for the Removal of ,uardian and
A**ointment of a New 7ne, herself. Assertin& that she is the
natural mother in actual custody of and e8ercisin& *arental
authority over the su!4ect minors. 'She also cites that *etition
was filed under an im*ro*er venue since the *etitioner was a
naturali9ed U.S. citi9en residin& in Colorado(.
%. 7cto!er 1", 1#$$) court re4ected and denied 6:s motion. A**eal
denied.
.. CA reverses R0C citin&;
Civil Code considers parents, the father, or in the absence, the
mother, as natural guardian of her minor children. The law on
parental authority under the Civil Code or P.D. 603 and now the ew
!amily Code, "#rticle $$% of the !amily Code& ascribe to the same
legal pronouncements.
$. -arch 1<, 1##$) a**eals to SC
#. Se*tem!er 13, 1##$) 6 manifests that custody of Valerie has
!ecome moot and academic w/ the latter reachin& the a&e of
maturity on Se*tem!er ", 1##$. 0hus case only for the son
Vincent.
Issue: WON the mothe o! the mino Vincent shoul" #e his $ua"ian
%WON $an"mothe has i$ht to $ua"ianshi& ove the mothe'(
)el": *+S, the natural mother of the minor, has the *referential ri&ht over
that of *etitioner to !e his &uardian. Aticle -.. of the =amily Code
*rovides;
'#rt. $((. The father and the mother shall )ointly e*ercise parental authority
over the persons of their common children. +n case of disagreement, the
father,s decision shall prevail, unless there is a )udicial order to the
contrary.
Bein& the natural mother of the minor Vincent, 6 has the corres*ondin&
natural and le&al ri&ht to his custody.Petitioner contends that she is more
>ualified as &uardian of Vincent. Petitioner:s claim to !e the &uardian of
said minor can only !e reali9ed !y way of su#stitute &aental authoit/
&usuant to Aticle -.0 of the =amily Code, thus;
?Art. "15. @n case of death, a!sence or unsuita!ility of the *arents,
su!stitute *arental authority shall !e e8ercised !y the survivin&
&rand*arent.
Petitioner, as the suvivin$ $an"&aent, can e1ecise su#stitute
&aental authoit/ onl/ in case o! "eath, a#sence o unsuita#ilit/ o!
es&on"ent( Considerin& that res*ondent is very much alive and has
e8ercised continuously *arental authority over Vincent, *etitioner has to
*rove, in assertin& her ri&ht to !e the minor:s &uardian, res*ondent:s
unsuita!ility. Petitioner asserts this !ased on the alle&ation that Valerie was
ra*ed several times !y the 6 live in *artner. +owever this case *ertains to
Vincent and is thus not directly attesta!le to that fact. -oreover the
status as a U.S. resident, her old a&e and her conviction of li!el in the
country deem her unliAely to !e a!le to e8ecute the duties of a &uardian
'has not !een in RP since $.:(. -oreover couts shoul" not a&&oint
&esons as $ua"ians 2ho ae not 2ithin the 3uis"iction o! ou couts
!o the/ 2ill !in" it "i!!icult to &otect the 2a"s(