Professional Documents
Culture Documents
BELMES 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
FACTS: longer a proper subject of guardianship proceedings GRANTED
Petitioner Bonifacia Vancil, is the mother of Reeder Vancil, a Navy
serviceman of the US who died in said country. Petitioner Bonifacia contends that she is more qualified as guardian.
Reeder had 2 children, Valeria and Vincent by his common-law wife, Helen ISSUE: WON Bonifacia, as grandmother of minor Vincent should be his
Belmes. guardian- NO
2. In Cui vs. Piccio it was stated that, generally, the guardianship court
exercising special and limited jurisdiction cannot actually order the
delivery of the property of the ward found to be embezzled, concealed
or conveyed. In a categorical language of this Court, only in extreme
cases, where property clearly belongs to the ward or where his title
thereto has been already judicially decided, may the court direct its
delivery to the guardian.
The Supreme Court held that in cases concerning minor children The principle of “best interest of the child” pervades Philippine cases involving
below the age of 7, Article 213 of the Family Code takes priority as it is in the adoption, guardianship, support, personal status, minors in conflict with the
best interests of a young child to be cared for by his mother unless 'compelling' law, and child custody. In these cases, it has long been recognized that in
reasons are presented for a court to order otherwise. As no such reasons were choosing the parent to whom custody is given, the welfare of the minors should
presented or proved, custody was awarded to the mother. always be the paramount consideration. Courts are mandated to take into
account all relevant circumstances that would have a bearing on the children’s
well-being and development. Aside from the material resources and the moral
and social situations of each parent, other factors may also be considered to
ascertain which one has the capability to attend to the physical, educational,
social and moral welfare of the children. Among these factors are the previous
care and devotion shown by each of the parents; their religious background,
moral uprightness, home environment and time availability; as well as the
children’s emotional and educational needs.
Provisions
Article 211 of the Family Code: The father and the mother shall jointly exercise
parental authority over their children. In the case of disagreement, the father’s
decision shall prevail, unless there is a judicial order to the contrary. A mother's
authority is subordinated to the father's. In all controversies regarding the
custody of minors, the sole and foremost consideration is the physical,
educational, social and moral welfare of the child, taking into account the
respective resources and social and moral situations of the contending parties.
Article 213 of the Family Code: No child under seven years of age shall be
separated from his mother unless the Court finds compelling reasons to order
otherwise.
The Incompetent, CARMEN CAIZA, represented by her legal guardian, 9. Caniza died. Guardians Amparo and Ramon (nephew) substituted her.
AMPARO EVANGELISTA, petitioner, vs. COURT OF APPEALS
(SPECIAL FIRST DIVISION), PEDRO ESTRADA and his wife, ISSUE:
LEONORA ESTRADA, respondents.
(1) WON Action instituted was proper?
FACTS:
(2) WON Amparo has the authority to bring said action?
1. Caniza, a 94 yr old spinster, pharmacist and professors was declared
incompetent by judgment of the RTC of QC in a guardianship (3) WON Amapro can continue to represent Caniza even after death?
proceeding instituted by her niece, Amparo, due to her old age
HELD:
and physical infirmities which included cataracts and
dementia. Amparo was appointed legal guardian of her person 1. YES, the proper action that should have been instituted is action
and estate. interdictal, because the contention is WON the SPS
possession is de facto or de jure. The action was also
2. Caniza owned property that was being leased to SPS Estrada. Amparo
instituted well within the 1 year period from the demand to
commenced a suit to eject the SPS. It was later amended to
vacate.
identify that Caniza was suing through her legal guardian
Amparo. 2. YES, being the appointed guardian by the court and with the purpose of
preserving the property, Amparo’s action is proper. Sec 4 Rule
3. Amended complaint alleges that: (1) Caniza was the absolute owner of
96 provides that “ A guardian must manage the estate of his
the property, (2) out of kindness, she allowed the SPS and
ward frugally and without waste, and apply the income and
their extended family to temporarily reside in her house, rent-
profits thereof, so far as maybe necessary, to the comfortable
free; (3) Caiza already had urgent need of the house on
and suitable maintenance of the ward and his family, if there
account of her advanced age and failing health, so funds could
be any; and if such income and profits be insufficient for that
be raised to meet her expenses for support; (4) Caiza had
purpose, the guardian may sell or encumber the real estate,
asked the Estradas verbally and in writing to vacate the house
upon being authorized by order to do so, and apply to such of
but they had refused to do so, enriching themselves.
the proceeds as may be necessary to such maintenance.”
4. Counterclaim of SPS Estrada: (1) they have been living in the house Amparo’s action is well within he right to manage the ward’s
since 1960; (2) stay was in consideration to the service of the estate, because it carried with it the right to take possession
SPS to Caniza; (3) Caniza executed a holographic will where and recover from anyone who retains it.
she bequeathed to the SPS Estradas the house and lot
3. NOPE, it is indeed well-established rule that the relationship of guardian
5. MeTC decided in Caniza’s favour. RTC reversed this decision and held and ward is necessarily terminated by the death of either the
that the "action by which the issue of defendants' possession guardian or the ward. However, the suit will be continued by
should be resolved is accion publiciana. the heirs of Caniza in accordance to Sec 18 of the ROC,
because it is not a personal suit.
6. Caniza appealed to the CA. CA affirmed the RTC judgment in toto.
the petition is GRANTED
7. Caniza appealed to the SC through her guardian. She contends that the
CA erred in holding that she should have filed an action
publican and not action interdictal, as well as, giving weight to
a xerox copy of a holographic will.
8. SPS Estrada argues that the case is not one of unlawful detainer and that
because the holographic will of Caniza contains transfer of
property from her to the SPS. it is beyond the power of the
legal guardian to oust them from the disputed premises.
Social Security System v Commission on Audit behalf of SSS executed the directive. This is irregular since Section 1(10), RA
G.R. no. 149240 | July 11, 2002 1161 provides that it is the SSC as a collegiate body which has the power to
approve, confirm, pass upon or review the action of the SSS to sue in court.
Doctrine: The funds being administered by SSS, of which authority is Furthermore, it is the DOJ that has the authority to act as counsel for SSS. It
construed in accordance to remuneration of trustees, is a trust fund for the is well settled that the legality of the representation of an unauthorized counsel
welfare and benefit of workers and employees in the private sector, and may be raised at any stage of the proceedings, and that such illicit
resolutely imposed the duty upon the trustee to desist from any and all acts representation produces no legal effect.
which would diminish the property rights of owners and beneficiaries of the
trust fund. Premium Marble Resources v CA: no person, not even its officers, could
validly sue in behalf of a corporation in the absence of any resolution from the
Facts: governing body authorizing the filing of such suit. Moreover, where the
1. Social Security Commission, in behalf of SSS, and the Alert and corporate officer’s power as an agent of the corporation did not derive from
Concerned Employees for Better SSS (ACCESS), the exclusive such resolution, it would nonetheless be necessary to show a clear source of
negotiating agent for SSS employees, entered into a collective authority from the charter, the by-laws or the implied acts of the governing
negotiation agreement, wherein Article XIII of the CAN provides that body.
“once the collective negotiation agreement is approved and signed by
the parties, the management shall grant each official and employee of As to whether the employees and officers of SSS are entitled to signing bonus,
the SYSTEM the amount of 5,000 as contract signing bonus. they are not. While it is true that Sec. 3, par. (c), of RA 8282 expressly
2. SSC allocation 15k in the budgetary appropriation of the SS for the exempted the SSS from the provisions of RA 6758 and RA 7430 (The Attrition
said undertaking. Law of 1992), 1 RA 8282 took effect only on 23 May 1997. The need to
3. DBM declared illegal the contract signing bonus which the CAN expressly stipulate the exemption of the SSS can only mean that prior to the
authorized to be distributed among the personnel. SSS also effectivity of RA 8282, the SSS was subject to RA 6758 and even RA 7430 for,
disallowed fund releases for the signing bonus since it was an otherwise, there would have been no reason to rope in such provision in RA
“allowance in the form of additional compensation prohibited by the 8282.
Constitution”.
4. 2 years later, ACCESS appealed the disallowance to COA who The funds being administered by SSS is a trust fund for the welfare and benefit
affirmed the disallowance, ruling that the provision on the signing of workers and employees in the private sector, and resolutely imposed the
bonus had no legal basis as Section 16 of RA 7658 had repealed the duty upon the trustee to desist from any and all acts which would diminish the
authority of SSC to fix the compensation of its personnel. property rights of owners and beneficiaries of the trust fund. Thus, it would be
5. SSS argues that a signing bonus may be granted upon the conclusion reasonable to construe the authority of the SSC to provide for the
of negotiations leading to the execution of a CNA where it is compensation of SSS personnel in accordance with the established rules
specifically authorized by law and that in the case at bar such legal governing the remuneration of trustee.
authority is found in Sec. 3, par. (c), of RA 1161 (SSS Charter) which
allows the SSC to fix the compensation of its personnel. The rule is to give the trustee a reasonable remuneration for his skill and
6. On the other hand, COA asserts that the authority of the SSC to fix the industry. In deciding what is a reasonable compensation for a trustee the court
compensation of its personnel has been repealed by Secs. 12 and 16 will consider the amount of income and capital received and disbursed, the
of RA 6758 and is therefore no longer effective. pay customarily given to agents or servants for similar work, the success or
failure of the work of the trustee, any unusual skill which the trustee had and
Issue: W/N the SSS employees are entitled to the contract signing bonus -- used, the amount of risk and responsibility, the time consumed, the character
NO of the work done (whether routine or of unusual difficulty) and any other factors
which prove the worth of the trustee’s services to the cestuis. The court has
Held: The petition was defective as it was filed in the name of SSS although power to make extraordinary compensation allowances, but will not do so
no directive from the SSC authorized the suit and only the officer in charge in
1
The Commission, upon the recommendation of the SSS President, shall appoint an actuary and civil service eligibles and be subject to civil service rules and regulations: Provided, finally, That
such other personnel as may be deemed necessary; fix their reasonable compensation, the SSS shall be exempt from the provisions of Republic Act No. 6758 and Republic Act No. 7430
allowances and other benefits x x x x [t]hat the personnel of the SSS shall be selected only from
unless the trustee can prove that he has performed work beyond the ordinary
duties of his office and has engaged in especially arduous work