PHILIPPINE NATIONAL BANK, GUARDIAN-OPPOSITOR?APPELLANT, VS. DONATA D. CABUGSA, PETITIONER-APPELLEE.

Upon petition of the Philippine National Bank, appellant here,
pursuant to the Uniform Veterans Guardian­ship Act (R.A. No. 3903), the Court
of First Instance of Bohol, in an order dated June
18, 1953, adjudged Victoria Dominisac an incompetent
and appointed said appellant guardian of her property.  The ward was then and even before that date
in the physical custody of her niece, Donata Dominisac Cabugsa, herein appellee.  In the
same order the court authorized the guardian to pay immediately from the estate
of the ward the sum of P100, and thereafter a sum not to exceed P55.00 monthly
“to the person having actual, physical custody of said incompetent person,
for so long as such person shall provide satisfactorily for the incompetent
person’s maintenance and other necessaries, or until further orders of the
Court and such other season­able and necessary amounts, from time to time, to
cover unforeseen contingencies…”

The guardian regularly submitted its accounts to the court.  On November 21, 1966 Victoria Dominisac died, whereupon the bank filed its final
accounting and prayed that the same be approved, that it be relieved from
further responsibility as guardian and that the guardianship proceeding be
declared terminated.  The accounts showed
that the bank had a balance of P24,031.34 to the
credit of the ward, and some securities valued at P4,872.94.

On March 11, 1967
the court approved the final accounts and ordered the bank “to keep the
money of the residuary estate of the ward until her heir or heirs are
definitely determined by the Court.”

On April 5, 1967 Donata Dominisac Cabugsa filed a
petition in the guardianship proceeding for (1) compensation for services
rendered by her to the ward, computed by her at P28,080.00,
covering a period of 13 years (1953-1966) and (2) for a declaration that she
was the heir of said ward and hence entitled to inherit the balance of the
estate.

The bank opposed the petition on the ground that the guardianship
court had no jurisdiction to entertain the petition, which should be submitted
to the corresponding testate or intestate proceeding for the settlement of the
estate of the deceased ward.

After hearing, the court, in an order dated February 28, 1968,
granted the petition and declared that the petitioner was “entitled to be
paid for her services as physical custodian of the incompetent… from June 18,
1944 (subsequently amended to June 18, 1953) to November 21, 1966 at the rate
of Six Pesos (P6.00) a day or in the total sum of Twenty-Nine Thousand Five
Hundred Seventy-Six Pesos (P29,576.00) to be paid from the residuary estate of
the incompetent Victoria Dominisac.” As may be
noted, the amount thus awarded was almost equal to the value of the entire
estate, and if paid would leave only a few hundred pesos as remainder.  The bank moved to reconsider but was turned
down, and thereafter came up to this Court.

The appeal must be sustained. 
The claim for compensation for services rendered could have been
properly considered by the guardianship court had it been filed before the
final accounts of the guardian were approved and before the guardianship
proceeding was terminated.  Thereafter,
and since the incompetent had died, it should be filed as an ordinary claim for
money in the corresponding proceeding for the settlement of her estate in order
to afford other persons, who may themselves be heirs of the deceased, to be
heard on the matter and to present their objections, if any, not only as the
truth of the facts upon which the claim was based, that is, the rendition of
services to the incompetent, but also as to the reasonableness of the amount
claimed, which amount, as presented to and approved by the court, would just
about clean up the entire estate.

It may be true that the claimant, as she alleged, is the only
surviving heir of the deceased.  But
whether she is or not is beyond the competence of the guardianship court to
decide.  A declaration of heirs may be
made only in a proceeding for the settlement of the deceased’s estate, for
which there are certain procedural requisites not present in a guardianship
proceeding.  At any rate, if the
petitioner is really the only heir entitled to inherit, then she will receive
the estate in that capacity after deducting the inheritance taxes; but the
possibility that there may be other heirs similarly entitled should not be
summarily foreclosed by the expedient of a claim for compensation for services
such as was followed in this case.

Wherefore,
the orders appealed from are reversed and set aside, without prejudice to the
right of appellee to file the corresponding
proceeding for the settlement of the estate of the deceased Victoria Dominisac, and to pursue her claim therein.  No pronouncement as to costs.

Concepcion, C.J., Reyes, J.B.L., Dizon, Zaldivar, Castro, Fernando,
Teehankee, Barredo, Villamor, and Makasiar, JJ., concur.