Manotoc v. Smith

JOHNS, J.:

For the reasons therein assigned, and on October 4, the plaintiff tendered his resignation as guardian of Ricardo Santiago Monotoc y Smith, a minor, and on October 14, the defendant, who is the mother of the minor, petitioned the court that she be appointed in his stead. Plaintiff filed his inventory October 15. On October 16, his resignation was accepted, and the defendant was appointed his successor.

After the court accepted plaintiff's resignation and appointed the defendant, the plaintiff then undertook to recall his resignation, and on October 19, made formal objections to the appointment of the defendant. In legal effect, the appellant contends that the lower court could not appoint his successor until such time as his final account was audited and approved, and even so that the appointment of the defendant was not for the best interests of the minor. The defendant is the mother of the minor, and the code expressly provides for the appointment of the mother, and gives her a preference right.

Appellant's counsel cite 21 Cyc., p. 52, which says: At common law a guardian was not allowed to resign except for strong reasons showing that the best interests of the ward demanded it. And under modern statutes in force in most of the estates resignation of the office of guardian is not an absolute right, but is subject to a determination of its propriety by the court.

The resignation, even if accepted, does not become effective until final accounting and discharge by the court on proper notice to all parties, unless no estate came into the guardian's hands. That was the common law, but in the same section it is also said: There is no question, however, as to the power of the court to accept the resignation of a guardian. A degree or order accepting a resignation may be vacated where the resignation and its acceptance are shown to be a fraudulent imposition.

In the instant cae, the court accepted plaintiff's resignation, and there is no allegation or proof of fraud. Subject to the provisions of the Code, giving her preference right, the appointment of the defendant as guardian of her son was largely a matter in the discretion of the lower court. We deem it fair to say that the plaintiff performed well his duties in the administration of his ward's estate, and should be commended for his services.

Be that as it may, this court has no right to assume that a mother will not be faithful in the discharge of her duties as guardian of her own son. Judgment is affirmed, with the costs in favor of the defendant. So ordered.

Araullo, C.J., Malcolm, Villamor, Ostrand and Romualdez, JJ., concur.