ArticuLaw Primo
LSPU-LAW STAR CLASS
G.R. No. L-3352, June 12, 1950
ILEANA A. CELIS, ET AL., petitioners-appellees,
vs.
SOLEDAD CAFUIR, ET AL., respondents-appellants.
Facts:
ILEANA CELIS gave birth to JOEL CAFUIR. the former seems to be an American soldier though unknown.
ILEANA's father did not want ILEANA to raise JOEL, angry and extremely displeased for the alleged disgrace that ILEANA brought onto herself and the family for having maintained ilicit relations with a man to whom she had not been married
ILEANA's father also did not want her to have JOEL in their paternal home, so ILEANA decided to give the custody of JOEL to SOLEDAD CAFUIR, executing 2 documents:
1st document: entrusts JOEL to SOLEDAD because she did not have means to bring up the child.
2nd document: designates SOLEDAD as the real guardian of JOEL CAFUIR
Both documents indicate that Mrs. Soledad could claim for adoption of Joel. And 9 days after delivery, JOEL was given to SOLEDAD
ILEANA then returned to her paternal home, merely visiting Joel every Saturday, giving him condensed milk, food and a little money.
ILEANA got married to AGUSTIN RIVERA, and the two are now more financially capable and want JOEL CAFUIR back with them, they demanded that JOEL be given back. SOLEDAD refused so they filed PETITION FOR HABEAS CORPUS which was granted by the trial court.
Issue
Whether or not THE GUARDIANSHIP TERMINATES WHEN THE NATURAL PARENT IS ALREADY CAPABLE TO SUPPORT HER CHILD.
Held
The designation of one as the guardian of another cannot and does not mean that said guardian will always assume and discharge the duties of the office or position. Guardianship is always or almost invariably understood to be temporary. While one is a minor or is incompetent, a guardian is appointed; but when minority has passed or incapacity has ceased, guardianship also terminates.
Ileana is now in a position to care for and support her own child, this with the consent and desire of her husband, who joins her in the petition, there can no longer be any reason for depriving her of the custody of her child.
SOLEDAD had the option to adopt Joel but she did not. However, she could claim in a separate proceeding for the expenses she rendered while taking care of Joel.