litigated in a ordinary civil action, to which a guardian
court does not have jurisdiction.
G.R. No. L-5131 July 31, 1952
ANTONIO MA. CUI, and MERCEDES CUI DE
RAMAS, petitioners, vs.
EDMUNDO S. PICCIO, as Judge of the Court of First
Instance of Cebu, EUGENIO RODIL, as sheriff of the
incompetent Don Mariano Cui, respondents.
MONTEMAYOR, J.:
Facts: Don Mariano Cui sold three of his lots to three of
his children in equal shares. However, one was not able
to pay, so Mariano shared ownership with his two other
children, Antonio and Mercedes. The two children
borrowed money from Rehabilitation Finance
Corporation, subject to mortgage of the land. Mariano
allowed the mortgage, with the condition that all the
rentals will go to him. He did not participate with the
payment of the loan. Nearly a year later, his other
children filed a guardianship proceeding, which the
court granted. The other children tried to nullify the sale
to Antonio and Mercedes, which was still pending.
When they asked the court to deliver the rental
payments to them, Judge Piccio granted it.
Issue: Whether Piccio acted in grave abuse of
discretion in allowing such delivery of rental payments
to the ward
Ruling: Yes. Under Sec 6 of Rule 97, the ward may ask
the guardian court to deliver an actual or prospective
interest which was owned by the ward, and was
embezzled, concealed, or conveyed by another. In the
case at hand, Sec 6 of Rule 97 does not apply, since
the rental payments Is still a subject of controversy, as
to who really owns such payments. This must be
Neither in guardianship proceedings nor in
administration proceedings may the court determine the
ownership of property claimed by the gurdian or
administrator to belong to the ward or to the estate of
the deceased, and order its delivery to them. We
believe that the purpose of these two rules, Rule 97,
section 6 and Rule 88, section 6 of the Rules of Court is
merely to secure evidence from persons suspected of
embezzling, concealing or conveying away any property
of the ward or of the deceased so as to enable said
guardian or administrator to institute the appropriate
action to obtain the possession of and secure title to
said property, all for the protection of the interests of the
ward and the estate of the deceased.
The way we interpret section 573 of the Code of Civil
procedures as now embodied in Rule 97, section 6 of
the Rules of Court in the light of the ruling laid down in
the case of Castillo vs. Bustamante, supra, is that the
court may issue an order directing the delivery or return
of any property embezzled, concealed or conveyed
which belongs to a ward, where the right or title of said
ward is clear and indisputable.
Where title to any property said to be embezzled,
concealed or conveyed is in question as in the present
case, the determination of said title or right whether in
favor of the ward or in favor of the persons said to have
embezzled, concealed or conveyed the property must
be determined in a separate ordinary action and not in
guardianship proceedings.