BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
In Re Guardianship of the Minor Roy Reginald Lelina.
SEVERO VILORIA, guardian and oppositor-appellee,
vs.
ADMINISTRATOR OF VETERANS AFFAIRS, petitioner-appellant.
G.R. No. L-9620 June 28, 1957
REYES, J.B.L., J.:
Facts:
Constancio Lelina served as a member of the US Armed Forces during the Japanese war, and had a son named Roy Reginald Lelina. When he died, his son received the arrears pay,insurance, and other benefits from the US Veterans Administration. Severo Viloria was appointed guardian of Roy Reginald and was authorized to withdraw from the estate of his ward the sum of P30 a month for the boy’s support and other expenses . Subsequently, herein respondent filed a motion to stop further payment of monthly allowances to the minor after having received certain letters from its central office that the deceased was not engaged in guerilla or other service in the armed forces of US, hence, he was not entitled to the payment of gratuitous National Service Life Insurance. The administrator now seeks fora refund of the balance of the insurance benefits wrongfully paid which was still in deposit with PNB. Petitioner opposed and submitted evidence to show that Constancio was duly recognized by both RP and US Armies but was denied, hence moving for allowance to withdraw the P4000 from the wards estate to meet his needs. The Administrator of Veteran Affairs opposed arguing that the minor's rights to National Service Life Insurance is governed exclusively by the S.S.Code Annotated, which provides that decisions of the administrator shall be final and conclusive on all questions of law or fact and no other official of the us, except a judge or judges of the united states courts, shall have jurisdiction to review such decisions.
Issue:
Whether or not a claim of improper payment to the ward(through the guardian) of benefits is properly filed in the guardianship proceedings?
Held:
No, Conflicts regarding the ownership or title to the property in the hands of the guardian in his capacity as such, should be litigated in a separate proceeding, the court in the guardianship proceeding being solely concerned with the ward's care and custody and proper administration of his properties.