The court upheld the order rehabilitating Jose R. de Inchausti and ending the guardianship over him. Notification to the ward via cablegram was sufficient to satisfy legal requirements, even though the ward lived abroad. The evidence showed Inchausti's mental incapacity that led to the original guardianship order had passed, and he had been of sound mind for some time. Therefore, continuing the guardianship would be improper, though his mother feared he might be a spendthrift with control over property. His current mental capacity was established, so he was entitled to be discharged from tutelage.
The court upheld the order rehabilitating Jose R. de Inchausti and ending the guardianship over him. Notification to the ward via cablegram was sufficient to satisfy legal requirements, even though the ward lived abroad. The evidence showed Inchausti's mental incapacity that led to the original guardianship order had passed, and he had been of sound mind for some time. Therefore, continuing the guardianship would be improper, though his mother feared he might be a spendthrift with control over property. His current mental capacity was established, so he was entitled to be discharged from tutelage.
The court upheld the order rehabilitating Jose R. de Inchausti and ending the guardianship over him. Notification to the ward via cablegram was sufficient to satisfy legal requirements, even though the ward lived abroad. The evidence showed Inchausti's mental incapacity that led to the original guardianship order had passed, and he had been of sound mind for some time. Therefore, continuing the guardianship would be improper, though his mother feared he might be a spendthrift with control over property. His current mental capacity was established, so he was entitled to be discharged from tutelage.
The court upheld the order rehabilitating Jose R. de Inchausti and ending the guardianship over him. Notification to the ward via cablegram was sufficient to satisfy legal requirements, even though the ward lived abroad. The evidence showed Inchausti's mental incapacity that led to the original guardianship order had passed, and he had been of sound mind for some time. Therefore, continuing the guardianship would be improper, though his mother feared he might be a spendthrift with control over property. His current mental capacity was established, so he was entitled to be discharged from tutelage.
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G.R. No. L-15119 January 19, 1920 HELD: YES.
The notification of the ward required in
section 562 of the Code of Civil Procedure is not In re guardianship of the incompetent Jose R. de intended as a personal service of process in the Inchausti, MARIA CONSUELO RICO VDA. DE sense necessary to give the court jurisdiction over INCHAUSTI, petitioner-appellant, vs. MANUEL SOLER, opponent-appellee. the ward. It is, therefore, of no moment that the person to be notified was living in a foreign country and thus STREET, J.: beyond the territorial jurisdiction of the Manila court. Nor FACTS: On January 18, 1915, an order was entered in is the manner in which the court procured service of the the Court of First Instance of the city of Manila, upon the notice of any importance. It is sufficient that the notice application of Maria Consuelo Rico, viuda de Inchausti, was given. The court in which the guardianship was appointing her guardian of the person and property of pending already had jurisdiction of the cause and the her son Jose R. de Inchausti, on the ground that the parties; and notification to the ward where the petition latter had become demented and incapable of properly to rehabilitate him is presented by a friend is required caring for himself and estate. Soon after this step had merely as an assurance that the individual chiefly been taken, the ward was, upon the advice of concerned shall have cognizance of what is being done. physicians, sent to Barcelona, Spain, where he has It at least gives him an opportunity to advise the court in continued to reside. case action taken by the mover of the petition was officious or unauthorized. That the messages were sent On August 30, 1915, Manuel Soler, a resident of the city and received by cable, as above stated, affords sufficient of Manila, in the character of friend to the incapacitated evidence, in the absence of anything to the contrary, that person, filed a petition in the guardianship proceedings, notification was duly effected, as reported in the return of asking the court to rehabilitate him and bring the the Consul General. guardianship to an end. This motion was opposed by the mother of the incapacitate, in her character as guardian, Upon the question of the propriety of the order declaring on the grounds: the ward to be of sound mind and requiring the guardian to submit her accounts, we are of the opinion that the (1) that the ward had not been given sufficient notice of proof fully sustains the action taken by the court. In this the hearing and ; connection it appears that the violent access of dementia (2) that it had not been satisfactorily shown that he is which manifested itself prior to the original appointment now capable of taking care of himself and property. of the guardian passed off after Inchausti was taken away from Manila in 1915 and the same extreme Upon hearing the petition the trial judge overruled both manifestations of derangement have not reappeared. of these objections and adjudged the ward, Jose R. de Furthermore, the evidence shows that at the time the Inchausti, to be of sound mind. A further order was made petition for his rehabilitation was heard, the ward was in requiring the guardian to render her account within the normal mental state and had been in this condition for a period of thirty days from the date upon which the order period sufficiently long to justify the belief that he is should become final. From this decision the guardian permanently restored. Under these circumstances it appealed. would be highly improper to prolong the guardianship. Section 562 of the Code of Civil Procedure, which deals The opposition to the termination of the guardianship with the subject of the judicial restoration of seems to be based chiefly on the fear, entertained by his incompetents to capacity, declares that, upon receiving mother, that Inchausti, if placed in control of the large the petition , the court shall appoint a day for the hearing property to which he is heir, will prove to be a and cause notice of the same to be given to the ward. In spendthrift. Even though this fear should be well- the present case the clerk, by order of the court, sent a founded, it affords no reason for maintaining a cablegram to the United States Consult at Barcelona, guardianship which had its origin in his mental requesting him to notify Jose R. de Inchausti that the incapacity. Of course if he is, or should hereafter prove petition for his restoration to capacity would be heard in to be, a spendthrift, proper proceedings can be instituted the Court of First Instance of Manila on October 19, to protect him from wasteful proclivities. But present 1918. In reply to this, a cablegram was received from mental capacity being proved, he is entitled to be Barcelona on October 14, 1918, signed by the Consul discharged from tutelage. General of the United States in that city, advising that Inchausti had been duly notified according to instructions. The trial judge held that notice to the ward had been given as required by law, and he proceeded, on the appointed day, to dispose of the petition upon its merits in accordance with the proof then submitted. ISSUE: W/N the order of the court was proper