OROPESA VS OROPESA Petitioner: Nilo Oropesa (son) Respondent: Cirilo Oropesa (father) Facts: This is a petition for review

(R le !")# CA affir$ed the order %& RTC Parana' e dis$issed Nilo(s petition for ) ardianship over the properties of his father (widower)* Nilo alle)ed that his father was: + afflicted with several $aladies and has %een sic,l& for over -. &ears alread& havin) s ffered a stro,e in /..0 + that his 1 d)$ent and $e$or& were i$paired and s ch has %een evident after his hospitali2ation* + that even %efore his stro,e# he was o%served to have had lapses on $e$or& and 1 d)$ent# showin) si)ns of fail re to $ana)e his propert&* + d e to his a)e and $edical condition# he cannot w3o t o tside aid# $ana)e his propert& wisel& and %eco$e an eas& pre& for deceit and e4ploitation %& people aro nd hi$# partic larl& his 5F (6 isa A)a$ata)* RTC: nilo failed to provide s fficient evidence to esta%lish that 5en* Oropesa is inco$petent to r n his personal affairs and to ad$inister his properties# 5en(s de$ rrer to evidence is )ranted# and the case is dis$issed* 7ss e: 8ON respondent is considered an inco$petent person as defined nder Sec /# r le 9/ of the ROC who shld %e placed nder ) ardianship* R lin): The petition is witho t $erit* Sec /: 7nco$petent incl des persons s fferin) the penalt& of civil interdiction or who are hospitali2ed lepers# prodi)als# deaf and d $% who are na%le to read and write# those who are of nso nd $ind# even tho )h the& have l cid intervals# and persons not %ein) of nso nd $ind# % t %& reason of a)e# disease# wea, $ind# and other si$ilar ca ses# cannot witho t o tside aid# ta,e care of the$selves and $ana)e their propert&# %eco$in) an eas& pre& for deceit and e4ploitation* Findin) that a person is inco$petent shld % anchored on clear# positive and definite evidence* Nilo lac,s $aterial evidence to s pport his clai$s that his father is inco$petent d e to his alle)ed deterioratin) $edical and $etal condition* The onl& $edical doc $ent presented :report of ne rops&cholo)ical screenin) proves that he is indeed co$petent to r n his personal affairs*