161 Vancil v Belmes Assuming that Belmes is unfit as a guardian of Vincent, still Vancil cannot qualify as

G.R. No. 132223, June 19, 2001 a substitute guardian. She is an American citizen and a resident of Colorado, thus,
will not be able to perform the responsibilities and obligations required of a
Doctrines: guardian. She admitted in her petition the difficulty of discharging the duties of a
 The surviving grandparent, can exercise substitute parental authority only guardian by an expatriate, like her. She has not set food in the Philippines since
in case of death, absence or unsuitability of the natural parent. 1987. Also, her old age and conviction of libel will give her a second thought of
 Courts should not appoint persons as guardians who are not within the staying here.
jurisdiction of our courts.
In Guerrero vs. Teran, the courts should not appoint persons as guardians who are
Facts: not within the jurisdiction of the courts as they will find it difficult to protect the
 Bonifacia Vancil, is mother of Reeder Vancil, a Navy serviceman of the USA wards.
who died in the said country. Reeder had 2 children named Valerie and
Vincent by his common-law wife, Helen Belmes. WHEREFORE, the appealed Decision is hereby AFFIRMED, with modification in the
 Vancil filed for guardianship over the persons and properties of minors sense that Valerie, who has attained the age of majority, will no longer be under the
Valerie (6 years old) and Vincent (2 years old). She was appointed by the guardianship of respondent Helen Belmes.
RTC as their legal guardian.
 Belmes, the natural mother, filed an opposition and a motion to remove
and/or disqualify Vancil as guardian. Belmes argued that she is the natural
mother in actual custody of and exercising parental authority over the
subject minors.
 RTC dismissed the motion and, instead, ordered Vancil to perform her
duties as guardian upon posting a bond of P50k. On appeal, CA reversed
the decision.
 Thus, Vancil filed for certiorari; asserting that she has all the qualifications,
that there is no ground to disqualify her; and, that Belmes is unsuitable to
be their guardian for allowing her live-in partner to rape Valerie seven
times.

Issue: Whether Helen Belmes should be the guardian of Vincent -> NO.

Held: At the outset, the petition has become moot as to Valerie who already
reached the majority age.

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 father’s decision shall prevail, unless there is a judicial order to
the contrary. xxx." Vancil’s claim to be the guardian of said minor can only be
realized by way of substitute parental authority pursuant to Art. 214, FC: “In case of
death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent, xxx”. Considering that Belmes is still alive
and has exercised continuously parental authority over Vincent, Vancil has to prove
Belmes' unsuitability.