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  • Vancil Vs Belme

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    Joi Magana
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    Helen Belmes sought to be appointed as the sole guardian of her minor son Vincent after the death of Vincent's father. The trial court had previously appointed Bonifacia Vancil, the children's grandmother, as guardian over both Vincent and his sister Valerie. The Court of Appeals reversed this decision. The issue before the Supreme Court was whether Helen Belmes, as the natural mother, had the preferential right to be Vincent's guardian. The Supreme Court ruled in favor of Helen Belmes, stating that as the natural mother, she has parental authority over Vincent according to Filipino law. The grandmother Vancil could only exercise substitute parental authority if the mother was found to be deceased, absent, or unsuitable, which was not

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    Remedial Law

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    Vancil vs Belme

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    Helen Belmes sought to be appointed as the sole guardian of her minor son Vincent after the death of Vincent's father. The trial court had previously appointed Bonifacia Vancil, the children's grandmother, as guardian over both Vincent and his sister Valerie. The Court of Appeals reversed this decision. The issue before the Supreme Court was whether Helen Belmes, as the natural mother, had the preferential right to be Vincent's guardian. The Supreme Court ruled in favor of Helen Belmes, stating that as the natural mother, she has parental authority over Vincent according to Filipino law. The grandmother Vancil could only exercise substitute parental authority if the mother was found to be deceased, absent, or unsuitable, which was not

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    © All Rights Reserved
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    102 views1 page

    Vancil Vs Belme

    Uploaded by

    Joi Magana
    Helen Belmes sought to be appointed as the sole guardian of her minor son Vincent after the death of Vincent's father. The trial court had previously appointed Bonifacia Vancil, the children's grandmother, as guardian over both Vincent and his sister Valerie. The Court of Appeals reversed this decision. The issue before the Supreme Court was whether Helen Belmes, as the natural mother, had the preferential right to be Vincent's guardian. The Supreme Court ruled in favor of Helen Belmes, stating that as the natural mother, she has parental authority over Vincent according to Filipino law. The grandmother Vancil could only exercise substitute parental authority if the mother was found to be deceased, absent, or unsuitable, which was not

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    of 1

    22.

    VANCIL VS BELMES
    G.R. No. 132223, June 19 2001

    FACTS:
    An American citizen, Bonifacia Vancil was appointed by the RTC as legal and
    judicial guardian over the persons and estate of Valerie and Vincent, the
    children of her deceased son Reeder. The natural mother Helen Belmes of
    the minor children, instituted a motion for removal of Guardianship and
    Appointment of Vancil, asserting that she is the natural mother in custody of
    and exercising parental authority over the subject minors. Trial court rejected
    Belmes'petition.
    The Court of Appeal reversed the RTC order.
    Since Valerie had reached the age of majority at the time the case reached
    the SC, the Court resolves to determine who between the mother and
    grandmother of minor Vincent should be his guardian.

    ISSUE: Whether or not Helen Belmes is the sole guardian of her minor
    Vincent.

    RULING:
    Helen Belmes, being the natural mother of Vincent, has the preferential right
    to be his guardian. Art. 211 of the FC states: "The father and the
    mother shall jointly exercise parental authority over the persons of
    their common children. In case of disagreement, the fathers
    decision shall prevail, unless there is a judicial order to the
    contrary. xxx."
    Bonifacia Vancil, as the surviving grandparent, can exercise substitute
    parental authority only in case of death, absence or unsuitability of Helen.
    Considering that Belmes is still alive and has exercised continuously parental
    authority over son Vincent, Vancil has to prove Belmes' unsuitability first.
    Assuming that Belmes is unfit as a guardian of Vincent, still, Vancil cannot
    qualify as a substitute guardian. She admitted in her petition that an
    expatriate like her will find difficulty of discharging the duties of a guardian.
    As the Court held in Guerrero vs Teran, the courts should not appoint persons
    as guardians who are not within the jurisdiction of the courts as they will find
    it difficult to protect the wards.

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