Guy v.

CA (Court of Appeals) Digest

Guy v. CA 502 SCRA 151 G.R. No. 163707 September 15, 2006 Ponente: Ynares-Santiago, J.: Facts: 1. The special proceeding case concerns the settlement of the estate of Sima Wei (a.k.a. Rufina Guy Susim). Private-respondents Karen and Kamille alleged that they are the acknowledged illegitimate children of Sima Wei who died intestate. The minors were represented by their mother Remedios Oanes who filed a petition for the issuance of letters of administration before the RTC of Makati City. 2. Petitioner who is one of the children of the deceased with his surviving spouse, filed for the dismissal of the petition alleging that his father left no debts hence, his estate may be settled without the issuance of letters administration. The other heirs filed a joint motion to dismiss alleging that the certification of non-forum shopping should have been signed by Remedios and not by counsel. 3. 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. 4. The lower court denied the joint motion to dismiss as well as the supplemental motion ruling that the mother is not the duly constituted guardian of the minors hence, she could not have validly signed the waiver. It also rejected the petitioner's objections to the certificate of nonforum shopping. The Court of Appeals affirmed the orders of the lower court. Hence, this petition. Issue: Whether or not a guardian can validly repudiate the inheritance 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 supposed right 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. As to the jurisdiction of the court to determine the heirs The court is not precluded to receive evidence to determine the filiation of the claimants even if the original petition is for the issuance of letters administration. Its jurisdiction extends to matters collateral and incidental to the settlement of the estate, with the determination of heirship

included. As held in previous decision, two causes of action may be brought together in one complaint, one a claim for recognition, and the other to claim inheritance. (Briz v. Briz)