Bonifacia Vancil vs Helen Belmes

G.R. No. 132223 – 411 Phil. 359 – 358 SCRA 707 – Remedial Law – Special Proceedings – Guardianship – Guardians Must Be Philippine Residents

Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians; Residency Requirement

Reeder Vancil and Helen Belmes were live in partners. They had two children, Valerie Vancil and Vincent Vancil. In 1986, while Vincent and Valerie were still minors, Reeder died in the USA. In 1987, Bonifacia Vancil, the mother of Reeder, filed a petition for guardianship as she sought to be appointed as the guardian of Valerie and Vincent.

Helen opposed the petition arguing, among others, that Bonifacia cannot be appointed as guardian because she is an American citizen residing in the USA and that Bonifacia cannot set foot in the Philippines because she was previously convicted of a crime in Cebu.

ISSUE: Whether or not Bonifacia may be appointed as guardian.

HELD: No. Firstly, there is no allegation nor proof that Helen is an unfit mother. Secondly, even if Helen is not fit to exercise parental authority over her biological children, Bonifacia cannot be appointed as the guardian of Valerie and Vincent. The prevailing rule is that courts should not appoint persons as guardians who are not within the jurisdiction of our courts for they will find it difficult to protect the wards.

Bonifacia is a non-Philippine resident and an American citizen. Obviously, she will not be able to perform the responsibilities and obligations required of a guardian. In fact, in her petition, she admitted the difficulty of discharging the duties of a guardian by an expatriate, like her. She will merely delegate those duties to someone else who may not also qualify as a guardian.

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