G.R. No. 132223 ; June 19, 2001
Bonifacia P. Vancil, petitioner, vs. Helen G. Belmes, respondent.

FACTS

Petitioner Bonifacia P. Vancil, the mother of the deceased U.S. Navy serviceman Reeder C. Vancil, filed a petition for guardianship over the persons and estates of minors Valerie and Vincent, the children of Reeder with his common-law wife, respondent Helen G. Belmes. The Regional Trial Court of Cebu City appointed Bonifacia as the legal and judicial guardian. Helen Belmes, the natural mother of the minors, opposed the petition, asserting she had filed a similar guardianship petition in Pagadian City and was in actual custody of the minors in Zamboanga del Sur. She also moved for Bonifacia’s removal as guardian, citing improper venue and Bonifacia’s status as a naturalized American citizen residing in Colorado, U.S.A. The RTC denied Helen’s motion and affirmed Bonifacia’s appointment. On appeal, the Court of Appeals reversed the RTC, holding that Helen, as the biological mother, is the natural guardian of her minor children. Bonifacia elevated the case to the Supreme Court via a petition for review on certiorari. During the pendency of the case, respondent manifested that her daughter Valerie had turned eighteen, rendering the guardianship proceeding moot as to her.

ISSUE

The basic issue is who between the mother (Helen Belmes) and the grandmother (Bonifacia Vancil) of the remaining minor, Vincent, should be appointed as his guardian.

RULING

The Supreme Court affirmed the Decision of the Court of Appeals with modification. The Court ruled that respondent Helen Belmes, being the natural mother of minor Vincent, has the preferential right to be his guardian. This is supported by Article 211 of the Family Code on the joint exercise of parental authority. The right of parents to the custody of their minor children is a natural right inherent in the parental relationship. Petitioner Bonifacia Vancil, as the surviving grandparent, could only exercise substitute parental authority under Article 214 of the Family Code in case of the death, absence, or unsuitability of the parent. Petitioner failed to prove respondent’s unsuitability as guardian for Vincent. The allegation of moral unfitness pertained to the guardianship of Valerie, who was no longer a minor. Furthermore, the Court held that even assuming respondent’s unsuitability, petitioner was not qualified to be a substitute guardian. Petitioner is an American citizen and resident of Colorado, U.S.A., which would impede her from personally performing the duties of a guardian within the jurisdiction of Philippine courts. Her advanced age and a criminal conviction for libel in the Philippines were also noted. The Court cited jurisprudence that courts should not appoint as guardians persons not subject to their personal jurisdiction due to the difficulty in protecting the ward. The petition was dismissed. Costs were imposed on petitioner. The Decision was modified to state that Valerie, having reached the age of majority, was no longer under guardianship.