SALVADOR GUERRERO, guardian of the minors Maria Manuela and Maria del Carmen

Sanchez Muñoz vs. LEOPOLDO TERAN

G. R. No. 4898, March 19, 1909
Digested by: ARCISO, DIANE GALE B.

FACTS:
On September 17, 1901, Leopoldo Teran was appointed as administrator of the estate of
Antonio Sanchez Munoz. He entered into a bond of 10,000 dollars for the faithful performance
of his duties as representative of the estate.
On March 18, 1902, the Court of First Instance of the Province of Albay appointed Maria
Munoz y Gomez as guardian for Maria Manuela and Maria del Carmen Sanchez Munoz. She
also acted as the administrator of their interest in the estate of Antonio Munoz. She gave the
required bond for the faithful performance of her duties as guardian.
However, her appointment was revoked by final judgment because she was not a resident
of the Philippines at the time of her appointment. Even so, she still is responsible to said minors
for the administration of their interests in the estate of Antonio from the time of her acceptance
of appointment up to the time of her removal. Any mismanagement or loss of the property for
that period is attributable to her.

ISSUE:
Is the court correct in revoking the appointment of Maria Munoz y Gomez as guardian on
the ground that she was not a Philippine resident at the time of her appointment?

HELD:
There is nothing in the law which requires the courts to appoint residents only as
administrators or guardians. However, notwithstanding the fact that there are no statutory
requirements upon this question, the courts, charged with the responsibilities of protecting the
estates of deceased persons, wards of the estate, etc., will find much difficulty in complying with
this duty by appointing administrators and guardians who are not personally subject to their
jurisdiction.
Notwithstanding that there is no statutory requirement, the courts should not consent to
the appointment of persons as administrators and guardians who are not personally subject to the
jurisdiction of Philippine courts.