G.R. No. 17257 ; April 15, 1922
CLEMENTE MANOTOC, petitioner-appellant, vs. FLORA SMITH, guardian-appellee.

FACTS

Clemente Manotoc was appointed guardian of the person and property of the minor Ricardo Santiago Manotoc y Smith on February 23, 1916. On October 4, 1920, citing health and advanced age, Manotoc tendered his resignation as guardian and requested the court to approve his final account and discharge him. Flora Smith, the mother of the minor, upon learning of the resignation, petitioned the court on October 14, 1920, to be appointed as the new guardian. On October 15, Manotoc filed his inventory of the ward’s estate. On October 16, the court accepted Manotoc’s resignation and appointed Smith as his successor. On October 18, Manotoc filed a writing withdrawing his resignation. On October 19, he filed formal objections to Smith’s appointment, arguing it was not in the minor’s best interest. The court overruled his motions and objections, leading to this appeal.

ISSUE

Whether the lower court erred in: (1) accepting Manotoc’s resignation and appointing Smith as guardian, and (2) denying Manotoc’s motion for reconsideration and his attempt to withdraw his resignation.

RULING

The Supreme Court affirmed the lower court’s decision. The court held that the acceptance of a guardian’s resignation is within the discretion of the court, and there was no allegation or proof of fraud in the resignation or its acceptance. Once the court accepted the resignation and appointed a successor, the resignation became effective. The Court further ruled that the appointment of the minor’s mother as guardian was proper. Under the applicable code, the mother has a preferential right to such appointment, and the court’s decision to appoint her was a proper exercise of discretion. The Court found no reason to assume a mother would not faithfully discharge her duties as guardian of her own son. The judgment was affirmed, with costs against the appellant.