Spec Pro Class 2020

Facts:

          Vicente Ribaya died intestate on September 1935. leaving his only legal heirs his minor son Luis Ribaya and his widow Adela Carbonell VDA. De Ribaya. No Intestate proceedings has been instituted for the settlement of estate of the deceased Vicente Ribaya.

 

          Due to the death of  VicenteRibaya, his wife Adela filed a petition for appointment as guardian of person and property of her minor son Luis Ribaya. Then thereafter the court appointed Adela as the Guardian of Said minor.

 

         The Trial Court ordered the Guardian, Adela, to present annual account, on the annual account the income of the property was php. 1,500.55 and expenses were amounting to php. 1,453 leaving a balance of Php. 47.44 in favor of the minor.

 

         The said account approval was opposed by the paternal grandmother, Agustina, on the Ground that said account did not specified or included certain properties of the minor. She also contends that the expenses submitted by Adella was excessive.

 

        Agustina also contends that the usufruct of the 60 hectares coconut land to Adela must be terminated because of the second marriage contracted by Adela.

 

          Lastly Agustina sought to remove Adela as Guardian of person and property of the minor Luis Ribaya on the ground that her management and administration had been wasteful and extravagant.

 

Issue:

          Whether or not Adela can be removed as the guardian of property and person of minor Luis Ribaya and Agustina VDA De Ribaya Appointed in her stead.

 

Rulings:

          The court ruled in the affirmative.

 

        The record shows that the deceased Vicente Ribaya left considerable Properties and assets and some debts, and that without instituting intestate proceedings his widow Adela Carbonelle appears to have assigned to herself the usufruct of some sixty (60) Hectares of coconut land belonging to the deceased, living the rest of decedents estate with liabilities to his son, the minor in question.

 

         The trial court ruled that the extrajudicial settlement is void and no effect.

 

        The widow the legal heir of deceased husband, could not be validly enter into agreement with herself as natural guardian of her minor child for determination and appointment of their respective shares in the inheritance. The widow usufruct shares cannot be determined until after the debts of the estate are liquidated.

 

         The record of this case evinces a conflict of interest between the appellant and the minor as heirs of the deceased.

 

          Wherefore the order of trial court removing Adela as Guardian and appointing Agustina in her stead is hereby affirmed.