Topic: Article 2 - WAIVER OF RIGHTS

Guy vs. Court of Appeals

G.R. No. 163707
September 15, 2006

FACTS:

The special proceeding case concerns the settlement of the intestate estate of Sima Wei (a.k.a. Rufina
Guy Susim). Private-respondents Karen and Kamille alleged that they are the acknowledged illegitimate
children of the decedent. The minors were represented by their mother Remedios Oanes who filed a
petition for the issuance of letters of administration before the trial court.

Petitioner, who is one of the children of the deceased with his surviving spouse, filed for the dismissal of
the petition arguing that his father left no debts hence, his estate may be settled without the issuance of
letters administration.

Petitioners further alleged that the claim has been paid and waived by reason of a Release of Claim or
waiver stating that in exchange for financial and educational assistance from the petitioner, Remedios
and her minor children discharged the estate of the decedent from any and all liabilities.

The lower court denied the joint motion to dismiss as well as the supplemental motion ruling that it was
not yet established that the mother was the duly constituted guardian of the minors hence, she could
not have validly signed the waiver.

ISSUE:

Whether or not a guardian can validly repudiate the inheritance of the wards.

RULING:

No, repudiation amounts to alienation of property and parents and guardians must necessarily obtain
judicial approval. Repudiation of inheritance must pass the court's scrutiny in order to protect the best
interest of the ward. Not having been authorized by the court, the release or waiver is therefore void.

Moreover, the private - respondents could not have waived their successional rights as they have yet to
prove their status as illegitimate children of the decedent. It would be inconsistent to rule that they
have waived a right which, according to the petitioner, the latter do not have.