31) VANCIL v.

BELMES RULING:
-Art. 211 of the Family Code: The father and the mother shall jointly exercise parental
FACTS: authority over the persons of their common children. In case of disagreement, the
Petitioner Bonifacia Vancil, is the mother of Reeder Vancil, a Navy serviceman of the father’s decision shall prevail, unless there is a judicial order to the contrary.
US who died in said country.
-Helen being the natural mother of minor Vincent has the preferential right over that of
Reeder had 2 children, Valeria and Vincent by his common-law wife, Helen Belmes. him to be his guardian

Bonifacia commenced a guardianship proceeding with the RTC Cebu over the -Sagala-Eslao v. CA: the right of parents to the custody of their minor children is one
persons and properties of Valerie and Vincent  At that time, Valeria was 6, and of the natural rights incident to parenthood, a right supported by law and sound public
Vincent was 2, both with an estate consisting of proceeds from their father’s death policy. The right is an inherent one, which is not created by the state or decisions of
pension benefit with probable value of P100k the courts, but derives from the nature of the parental relationship.

Petitioner Bonifacia was appointed legal and judicial guardian over the persons and -Petitioner Bonifacia’s claim to be guardian can only be realized by way of substitute
estate of Valeri and Vincent. parental authority pursuant to Art. 214 of FC

Helen submitted an opposition to the guardianship proceedings asserting that she -Art. 214. In case of death, absence or unsuitability of the parents, substitute parental
had already filed a similar petition before the RTC of Pagadian City. authority shall be exercised by the surviving grandparent

Helen then filed a motion for Removal of Guardianship and Appointment of a New -Petitioner Bonficaica, as surviving grandparent can exercise substitute parental
One, asserting that authority in case of death, absence, or unsuitability of respondent Helen 
 she is the natural mother in actual custody of and exercising parental considering that Helen is very much alive and has exercised continuously parent
authority over the minors in Zamboanga del Sur where they are permanently authority over Vincent, petitioner Bonficacia has to prove unsuitability, however she
residing dialed to show convincing evidence
 the petition was filed under an improper venue
 at that time when petition was filed, Bonificia a naturalized American citizen -Even assuming that Helen is unift as guardian of Vincent, Bonifacia still cannot
and a resident of USA qualify as a substitute guardian  since she is an American citizen and a resident of
Colorado, Bonifacia will not be able to perform responsibilities and obligations
The RTC denied Helen’s motion and ordered petitioner Bonifacia to enter the office required of a guardian
and perform her duties as such guardian upon posting a bong of P50k.
Helen filed MR  DISMISSED WHEREFORE, appealed decision is AFFRIMED.
Winner: respondent Helen Belmes
Helen filed appeal with CA  REVERSED RTC’s decision holding:
 that our Civil Code and Family Code (Art. 225) considers parents, the fathers
or in absence, the mother as the natural guardian of her minor children
 ROC likewise confirms such designation of parents as ipso facto guardian of
the minor children without need of a court appointment
 In this case, there is no reason for Helen to be deprived of her legal rights as
natural guardian of her minor children since she is the biological mother

Bonifacia filed this present petition for review on certiorari.

In Helen’s Manifestation, she stated that her daughter Valerie turned 18 and thus
prayed that this case be dismissed with respect to Valerie, she being no longer a
proper subject of guardianship proceedings  GRANTED

Petitioner Bonifacia contends that she is more qualified as guardian.

ISSUE: WON Bonifacia, as grandmother of minor Vincent should be his guardian- NO