ArticuLaw Primo

GR NO. L-4155, December 17, 1952

In the matter of Guardianship of Fernando, Francisca, Rafael and Maria Candelaria, all surnamed
Bautista minors, Felisa Vda. De Bautista, guardian, US Veterans Administration, oppositors 
 

 

Facts:

       The minors, mother signed a document entitle” DEED OF LOAN” wherein she declares having borrowed and received from Adela Bustos for the support of her minor children which will be paid in full as soon as the claim for pension in favor of the minor children will be received.

       Bustos filed a claim in Special Proceeding for the total sum of P6,525.00 on the basis of the above deed of loan.

       Opposition to this claim was filed by the US Veterans Administration
The Court disallowed the claim and against this allowance an appeal has been taken directly to the Supreme Court.  

 

 

ISSUE:

 

Can a natural mother validly disposed of the property of her minor children?

 

 

HELD:

 

       The minors’ mother was their natural guardian entitled to their custody and care and responsible for their education but such guardianship did not extend to their properties. She certainly has no power nor authority to encumber the property of the wards to guaranty the loan thus secured or to bind for the payment of the loan the pensions that the minors maybe entitled to receive thereafter.

       Only a judicial guardian of the ward’s property may validly do so and with only upon the approval of the Court in accordance with Rule 93 of the Rules of Court.