RULE 92-97

GUARDIANSHIP
Where to institute proceedings. Guardianship of the person or
estate of a minor or incompetent may be instituted in the Court of
First Instance of the province, or in the justice of the peace court of
the municipality, or in the municipal court of the chartered city
where the minor or incompetent person resides, and if he resides
in a foreign country, in the Court of First Instance of the province
wherein his property or part thereof is situated; provided, however,
that where the value of the property of such minor or incompetent
exceeds the jurisdiction of the justice of the peace or municipal
court, the proceedings shall be instituted in the Court of First
Instance.
In the City of Manila, the proceedings shall be instituted in the
Juvenile and Domestic Relations Court.
Sec. 2. Meaning of word incompetent. Under this rule, the word
incompetent includes persons suffering the penalty of civil
interdiction or who are hospitalized lepers, prodigals, deaf and
dumb who are unable to read and write, those who are of unsound
mind, even though they have lucid intervals, and persons not being
of unsound mind, but by reason of age, disease, weak mind, and
other similar causes, cannot, without outside aid, take care of
themselves and manage their property, becoming thereby an easy
prey for deceit and exploitation.

Rule 93
Sec. 1. Who may petition for appointment of guardian for resident.
Any relative, friend, or other person on behalf of a resident minor
or incompetent who has no parent or lawful guardian, or the minor
himself if fourteen years of age or over, may petition the court
having jurisdiction for the appointment of a general guardian for
the person or estate, or both, of such minor or incompetent. An
officer of the Federal Administration of the United States in the
Philippines may also file a petition in favor of a ward thereof, and
the Director of Health, in favor of an insane person who should be
hospitalized, or in favor of an isolated leper.

Sec. 2. Contents of petition. A petition for the appointment of a

general guardian must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The minority or incompetency rendering the appointment
necessary or convenient;
(c) The names, ages, and residences of the relatives of the minor
or incompetent, and of the persons having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship are
prayed.
The petition shall be verified; but no defect in the petition or
verification shall render void the issuance of letters of
guardianship.

Sec. 3. Court to set time for hearing; Notice thereof. When a

petition for the appointment of a general guardian is filed, the court
shall fix a time and place for hearing the same, and shall cause
reasonable notice thereof to be given to the persons mentioned in

the petition residing in the province, including the minor if above 14

years of age or the incompetent himself, and may direct other
general or special notice thereof to be given.

Sec. 4. Opposition to petition. Any interested person may, by

filing a written opposition, contest the petition on the ground of
majority of the alleged minor, competency of the alleged
incompetent, or the unsuitability of the person for whom letters are
prayed, and may pray that the petition be dismissed, or that letters
of guardianship issue to himself, or to any suitable person named
in the opposition.

Sec. 5. Hearing and order for letters to issue. At the hearing of

the petition the alleged incompetent must be present if able to
attend, and it must be shown that the required notice has been
given. Thereupon the court shall hear the evidence of the parties in
support of their respective allegations, and, if the person in
question is a minor, or incompetent it shall appoint a suitable
guardian of his person or estate, or both, with the powers and
duties hereinafter specified.

Sec. 6. When and how guardian for nonresident appointed; Notice.

When a person liable to be put under guardianship resides
without the Philippines but has estate therein, any relative or friend
of such person, or any one interested in his estate, in expectancy
or otherwise, may petition a court having jurisdiction for the
appointment of a guardian for the estate, and if, after notice given
to such person and in such manner as the court deems proper, by
publication or otherwise, and hearing, the court is satisfied that
such nonresident is a minor or incompetent rendering a guardian
necessary or convenient, it may appoint a guardian for such
estate.

Sec. 8. Service of judgment. Final orders or judgments under this

rule shall be served upon the civil registrar of the municipality or
city where the minor or incompetent person resides or where his
property or part thereof is situated.

Rule 94
Sec. 1. Bond to be given before issuance of letters; Amount;
Conditions. Before a guardian appointed enters upon the
execution of his trust, or letters of guardianship issue, he shall give
a bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the court, within three (3) months, a true
and complete inventory of all the estate, real and personal, of his
ward which shall come to his possession or knowledge or to the
possession or knowledge of any other person for him;
(b) To faithfully execute the duties of his trust, to manage and
dispose of the estate according to these rules for the best interests
of the ward, and to provide for the proper care, custody, and
education of the ward;
(c) To render a true and just account of all the estate of the ward in
his hands, and of all proceeds or interest derived therefrom, and of
the management and disposition of the same, at the time
designated by these rules and such other times as the court
directs; and at the expiration of his trust to settle his accounts with
the court and deliver and pay over all the estate, effects, and
moneys remaining in his hands, or due from him on such
settlement, to the person lawfully entitled thereto;
(d) To perform all orders of the court by him to be performed.

Sec. 3. Bonds to be filed; Actions thereon. Every bond given by a

guardian shall be filed in the office of the clerk of the court, and, in
case of the breach of a condition thereof, may be prosecuted in the
same proceeding or in a separate action for the use and benefit of
the ward or of any other person legally interested in the estate.

RULE 95 : SELLING AND ENCUMBERING PROPERTY OF

WARD

Sec. 4. Estate to be managed frugally, and proceeds applied to

maintenance of ward. A guardian must manage the estate of his
ward frugally and without waste, and apply the income and profits
thereon, so far as may be necessary, to the comfortable and
suitable maintenance of the ward and his family, if there be any;
and if such income and profits be insufficient for that purpose, the
guardian may sell or encumber the real estate, upon being
authorized by order so to do, and apply so much of the proceeds
as may be necessary to such maintenance.

RULE 97 : TERMINATION OF GUARDIANSHIP

Sec. 1. Petition of guardian for leave to sell or encumber estate.
When the income of an estate under guardianship is insufficient to
maintain the ward and his family, or to maintain and educate the
ward when a minor, or when it appears that it is for the benefit of
the ward that his real estate or some part thereof be sold, or
mortgaged or otherwise encumbered, and the proceeds thereof
put out at interest, or invested in some productive security, or in
the improvement or security of other real estate of the ward, the
guardian may present a verified petition to the court by which he
was appointed setting forth such facts, and praying that an order
issue authorizing the sale or encumbrance.

Sec. 2. Order to show cause thereupon. If it seems probable that

such sale or encumbrance is necessary, or would be beneficial to
the ward, the court shall make an order directing the next of kin of
the ward, and all persons interested in the estate, to appear at a
reasonable time and place therein specified to show cause why
the prayer of the petition should not be granted.

Sec. 4. Contents of order for sale or encumbrance, and how long

effective; Bond. If, after full examination, it appears that it is
necessary, or would be beneficial to the ward, to sell or encumber
the estate, or some portion of it, the court shall order such sale or
encumbrance and that the proceeds thereof be expended for the
maintenance of the ward and his family, or the education of the
ward, if a minor, or for the putting of the same out at interest, or the
investment of the same as the circumstances may require. The
order shall specify the causes why the sale or encumbrance is
necessary or beneficial, and may direct that estate ordered sold be
disposed of at either public or private sale, subject to such
conditions as to the time and manner of payment, and security
where a part of the payment is deferred, as in the discretion of the
court are deemed most beneficial to the ward. The original bond of
the guardian shall stand as security for the proper appropriation of
the proceeds of the sale, but the judge may, if deemed expedient,
require an additional bond as a condition for the granting of the
order of sale. No order of sale granted in pursuance of this section
shall continue in force more than one (1) year after granting the
same, without a sale being had.
Sec. 5. Court may order investment of proceeds and direct
management of estate. The court may authorize and require the
guardian to invest the proceeds of sales or encumbrances, and
any other of his wards money in his hands, in real estate or
otherwise, as shall be for the best interest of all concerned, and
may make such other orders for the management, investment, and
disposition of the estate and effects, as circumstances may
require.

RULE 96 : GENERAL POWERS AND DUTIES OF GUARDIANS

Sec. 1. To what guardianship shall extend. A guardian appointed

shall have the care and custody of the person of his ward, and the
management of his estate, or the management of the estate only,
as the case may be. The guardian of the estate of a nonresident
shall have the management of all the estate of the ward within the
Philippines, and no court other than that in which such guardian
was appointed shall have jurisdiction over the guardianship.

Sec. 1. Petition that competency of ward be adjudged, and

proceedings thereupon. A person who has been declared
incompetent for any reason, or his guardian, relative, or friend,
may petition the court to have his present competency judicially
determined. The petition shall be verified by oath, and shall state
that such person is then competent. Upon receiving the petition,
the court shall fix a time for hearing the questions raised thereby,
and cause reasonable notice thereof to be given to the guardian of
the person, so declared incompetent, and to the ward. On the trial,
the guardian or relatives of the ward, and, in the discretion of the
court, any other person, may contest the right to the relief
demanded, and witnesses may be called and examined by the
parties or by the court on its own motion. If it be found that the
person is no longer incompetent, his competency shall be
adjudged and the guardianship shall cease.

Sec. 2. When guardian removed or allowed to resign; New

appointment. When a guardian becomes insane or otherwise
incapable of discharging his trust or unsuitable therefor, or has
wasted or mismanaged the estate, of failed for thirty (30) days
after it is due to render an account or make a return, the court may,
upon reasonable notice to the guardian, remove him, and compel
him to surrender the estate of the ward to the person found to be
lawfully entitled thereto. A guardian may resign when it appears
proper to allow the same; and upon his resignation or removal the
court may appoint another in his place.

Sec. 3. Other termination of guardianship. The marriage or

voluntary emancipation of a minor ward terminates the
guardianship of the person of the ward, and shall enable the minor
to administer his property as though he were of age, but he cannot
borrow money or alienate or encumber real property without the
consent of his father or mother, or guardian. He can sue and be
sued in court only with the assistance of his father, mother or
guardian. The guardian of any person may be discharged by the
court when it appears, upon the application of the ward or
otherwise, that the guardianship is no longer necessary.
Sec. 5. Service of judgment. Final orders or judgments under this
rule shall be served upon the civil registrar of the municipality or
city where the minor or incompetent person resides or where his
property or part thereof is situated.
AM 03-02-05
RULE ON GUARDIANSHIP OF MINORS
Section 1. Applicability of the Rule. This Rule shall apply to
petitions for guardianship over the person or property, or both, of a
minor. chan robles virtual law library
The father and the mother shall jointly exercise legal guardianship
over the person and property of their unemancipated common
child without the necessity of a court appointment. In such case,
this Rule shall be suppletory to the provisions of the Family Code
on guardianship.cralaw
Sec. 2. Who may petition for appointment of guardian. On
grounds authorized by law, any relative or other person on behalf
of a minor, or the minor himself if fourteen years of age or over,

may petition the Family Court for the appointment of a general

guardian over the person or property, or both, of such minor. The
petition may also be filed by the Secretary of Social Welfare and
Development and by the Secretary of Health in the case of an
insane minor who needs to be hospitalized.
Sec. 3. Where to file petition. A petition for guardianship over the
person or property, or both, of a minor may be filed in the Family
Court of the province or city where the minor actually resides. If he
resides in a foreign country, the petition shall be flied with the
Family Court of the province or city where his property or any part
thereof is situated.cralaw
Sec. 4. Grounds of petition. - The grounds for the appointment of a
guardian over the person or property, or both, of a minor are the
following:chanroblesvirtuallawlibrary
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental
authority; chan robles virtual law library
(c) remarriage of his surviving parent, if the latter Is found
unsuitable to exercise parental authority; or
(d) when the best interests of the minor so require.cra
law
Sec. 5. Qualifications of guardians. In appointing a guardian, the
court shall consider the guardians:chanroblesvirtuallawlibrary
(a) moral character; chan robles virtual law library
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor; chan robles virtual law
library
(e) availability to exercise the powers and duties of a guardian for
the full period of the guardianship;
(f) lack of conflict of interest with the minor; and cralaw
(g) ability to manage the property of the minor.cralaw
Sec. 6. Who may be appointed guardian of the person or property,
or both, of a minor. In default of parents or a court-appointed
guardian, the court may appoint a guardian of the person or
property, or both, of a minor, observing as far as practicable, the
following order of preference:chanroblesvirtuallawlibrary
(a) the surviving grandparent and In case several grandparents
survive, the court shall select any of them taking Into account all
relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years
of age, unless unfit or disqualified;
(c) the actual custodian of the minor over twenty-one years of age,
unless unfit or disqualified; and cralaw
(d) any other person, who in the sound discretion of the court,
would serve the best interests of the minor.cralaw
Sec. 7. Contents of petition. A petition for the appointment of a
general
guardian
must
allege
the
following:chanroblesvirtuallawlibrary
(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward; chan
robles virtual law library
(c) The ground rendering the appointment necessary or
convenient; chan robles virtual law library
(d) The death of the parents of the minor or the termination,
deprivation or suspension of their parental authority;
(e) The remarriage of the minors surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil
degree of the minor, and of persons having him in their care and
custody;
(g) The probable value, character and location of the property of
the minor; and cralaw
(h) The name, age and residence of the person for whom letters of
guardianship are prayed.cralaw
The petition shall be verified and accompanied by a certification
against forum shopping. However, no defect in the petition or
verification shall render void the issuance of letters of
guardianship.
Sec. 8. Time and notice of hearing. When a petition for the
appointment of a general guardian is filed, the court shall fix a time
and place for its hearing, and shall cause reasonable notice to be

given to the persons mentioned in the petition, including the minor

if he is fourteen years of age or over, and may direct other general
or special notice to be given.cralaw
Sec. 9. Case study report. The court shall order a social worker
to conduct a case study of the minor and all the prospective
guardians and submit his report and recommendation to the court
for its guidance before the scheduled hearing. The social worker
may intervene on behalf of the minor if he finds that the petition for
guardianship should be denied.
Sec. 10. Opposition to petition. Any interested person may
contest the petition by filing a written opposition based on such
grounds as the majority of the minor or the unsuitability of the
person for whom letters are prayed, and pray that the petition be
denied, or that letters of guardianship issue to himself, or to any
suitable person named in the opposition.

DISCUSSION:
Definition of a guardian a guardian is the one entrusted by law to
take care a minor, insane or other incompetent persons, either in
the disposition of their property or in the custody and care of those
persons.
(A person lawfully invested with the power, and charged with the o
bligation, of taking careof and managing the property and rights of
a person who, because of age, understanding,or self-control, is co
nsidered incapable of administering his or her own affairs.)
What rule will govern now? It depends. If it involves a minor it is
governed by AM -03-02-05. But if he is not a minor he will be
governed by the Rules of Court.
What is the jurisdiction? It depends. If he is a minor, the jurisdiction
is in the family court. If he is not a minor, Regular Courts and
governed by the rules of court.
Did you not take into account the jurisdiction of the family court on
that matter?
If minor Guardianship proceeding shall be filed in the Family
Court. But, if he is not a minor, he may be in the category of other
incompetents as provided for by our rules- governed by the rules
of court, and should be filed in the regular courts.
Who is a legal guardian? who is such by provision of law without
the need of judicial appointment, as in the case of the parents over
the persons of their minor children, or the father, or in his absence,
the mother, with respect to property of the minor children.
Guardian ad litem who may be any competent person appointed
by the court for purposes of a PARTICULAR ACTION or
PROCEEDING involving a minor.
Judicial guardian a competent person appointed by the court
over the person and/or property of the ward to represent the latter
in ALL his CIVIL ACTS and TRANSACTIONS. (one contemplated
in the rules)
With respect to the legal guardian- Under our rules, would it matter
that he would be a father or the mother? Under AM 03-02-05, it
provides that the father and the mother shall jointly exercise legal
guardianship. Vis--vis Art. 225 of the Family Code. In case of
disagreement, the decision of the father will prevail.
A legal guardian becomes a guardian of a minor WITHOUT need
of filing a petition for a guardianship proceedings. The father and
the mother automatically becomes the guardian of the minor child,
although in case of disagreement, it is the fathers decision which
will prevail. Because under the family code of the philipppines,
parental authority is jointly exercised by the parents. However, if
the amount of income or the property of the minor exceeds
P50,000, they should file a bond before the court. The amount of
the bond is fixed by the court but it should not be less than 10% of
the amount of the income or value of the property of the minor.
How do you go through with the bond? By filing a verified petition.

Verified petition shall be filed in the Court where the minor resides.
In case of a non-resident minor, the verified petition shall be filed in
the place where the property or any of his property is situated.
(venue tayo)
For purposes of complying with the bond, if the property or income
of the minor exceeds P50,000, file a verified petition and the
amount of the bond should not be less than 10% of the total
income or property of the minor pursuant to Art. 225 of the Family
code.
Who is a guradian ad litem? Guardian appointed by the court to
do a particular act.
Guardian in connection of the civil rights of a minor or incompetent
is called a JUDICIAL Guardian.
Legal Guardian vs Guardian ad litem vs judicial guardian

Who are those called incompetents? the word incompetent

includes persons suffering the penalty of civil interdiction or who
are hospitalized lepers, prodigals, deaf and dumb who are unable
to read and write, those who are of unsound mind, even though
they have lucid intervals, and persons not being of unsound mind,
but by reason of age, disease, weak mind, and other similar
causes, cannot, without outside aid, take care of themselves and
manage their property, becoming thereby an easy prey for deceit
and exploitation.

What about one who is comatose? Yes. Can be subject of

guardianship proceedings
Or those suffering from schizophrenia? No. Because one
suffering from schizophrenia does not automatically lose
competence to manage his own property or dispose of his
property. (supreme court decision- catalan vs basa 520 scra 648?)
VENUE
Sec. 1. Where to institute proceedings. Guardianship of the
person or estate of a minor or incompetent may be instituted in the
Court of the province where the minor or incompetent person
resides.
if he resides in a foreign country, in the Court of the province
wherein his property or part thereof is situated.
Note: if minor Family court. Not a minor Regular court
Who can file a petition for guardianship?
Who may petition for appointment of guardian for resident. Any
1. relative, 2. friend, or 3. other person on behalf of a resident
minor or incompetent who has no parent or lawful guardian, or 4.
the minor himself if fourteen years of age or over, may petition the
court having jurisdiction for the appointment of a general guardian
for the person or estate, or both, of such minor or incompetent.
5. An officer of the Federal Administration of the United States in
the Philippines may also file a petition in favor of a ward thereof,
and the 6. Director of Health, in favor of an insane person who
should be hospitalized, or in favor of an isolated leper.
Guardianship proceeding may be for the person or estate, or
both.
Are there any persons who are enumerated to file a petition but
cannot be appointed as a guardian - even if they possessed the
qualifications or factors but expressly prohibited by law - Judges,
clerks of courts Sec 1, Rule 137 (judges or other judicial
officers)
There are certain factors to consider or basis in appointment of a
guardian of minor (a) moral character;

(b) physical, mental and psychological condition;

(c) financial status;
(d) relationship of trust with the minor;
(e) availability to exercise the powers and duties of a guardian for
the full period of the guardianship;
(f) lack of conflict of interest with the minor; and cralaw
(g) ability to manage the property of the minor.cralaw
Are there priorities as to who will be appointed as guardians? (in
order of preference)
In default of parents or court-appointed guardian
(1) the surviving grandparent and In case several grandparents
survive, the court shall select any of them taking Into account all
relevant considerations; (it does not matter whether surviving
grandparent on the maternal or paternal side, because it is the
court who select among them discretion of the court)
(2) the oldest brother or sister of the minor over twenty-one years
of age, unless unfit or disqualified;
(3) the actual custodian of the minor over twenty-one years of
age, unless unfit or disqualified; and cralaw
(4) any other person, who in the sound discretion of the court,
would serve the best interests of the minor.
Before the person appointed as a guardian could assume his
duties and responsibilities, what is required by the rules? Meaning
the court has already issued the letters of guardianship, before he
assumes his duties and responsibilities - He is required to file a
bond
How much is the bond? In the amount to be fixed by the court
Is there a limit when to file a bond? There is none.
But he is mandated to submit an inventory? He is required to
submit an inventory of the properties and income of the minor and
incompetent within 3 months from his appointment.
What is the effect if he failed to comply with this mandatory duty,
among others, to submit the required inventory within 3 months
from his appointment? It may be one of the causes for his
termination or removal as a guardian.
The rights of a guardian is limited, would it include rights involving
ownership? Or it is only limited to acts of administration? The
powers will only involve acts of administration, but a guardian
appointed by the court can exercise acts of strict dominion or
ownership,
Can he sell the property of the minor? Yes, provided that such
guardian filed a verified petition to the court and it is for the best
interests of the ward, for the use of the family of the ward, for the
education of the minor, if such estate of the minor is insufficient
Can it be done by mere motion? No. It cannot be done by mere
motion because it must be done by filing a petition.
Unlike, Administrator in settlement of estate may be filed by mere
motion to sell the properties. That is the difference under the
guardianship proceeding.
The petition must be what will happen here once the petition is
filed? All the relatives of the guardian should be notified.
That requirement of notification to the relatives of the minor or
incompetent they are allowed to file their respective oppositions
on the sale of that particular property.
In fact that is mandatory and jurisdictional that the relatives of the
ward or the minor must always be notified in connection with the
petition filed by the guardian For the sale of the property because
that will be needed for the education or for the best interests of the
minor, the rule says that if notice is not sent, that will affect the
validity of the petition granted to the guardian for the sale of that
particular property.
More or less this can be the same to that of the settlement of
estate because in motion for the sale of the estate property, diba
there should always be a notice also to the creditors and other
persons interested. The same likewise in the petition kasi they are
given a chance to file their respective objections to the petition for
the sale of that particular property.

Failure of a guardian to submit the required inventory within 3

months from his appointment can be a ground for his termination
or revocation of a person as a guardian. Can there be other
causes? 1.Failure to submit the required inventory or account
within 3 months, 2. guardian becomes insane
3. incapable of discharging his trust
4. unsuitable 5. has wasted or mismanaged the estate,
Can a guardian be removed for causes other than the causes
which are enumerated by law? No. The rule is very explicit, if the
ground is not one of those enumerated by the rules, the guardian
may contest that and the court may not remove him
Is it automatic that he failed to submit the inventory within 3
months, the court will then remove him as a guardian? Because
one of the grounds enumerated exists, the court automatically
removed or terminated him. Is the court correct? No. only upon
REASONABLE NOTICE to the guardian.

VDA. DE BENGSON, vs.PHILIPPINE NATIONAL BANK, guardianappellant, ADMINISTRATION OF VETERANS AFFAIRS,

oppositor-appellant. . G.R. No. L-17066
December 28, 1961
Since the Rules enumerate the grounds for removal of a guardian,
a guardian cannot be legally removed from office except for the
causes therein mentioned. Accordingly, conflict of interest (Ribaya
vs. Ribaya, 74 Phil. 254; Gabriel vs. Sotelo, 74 Phil. 25) has been
held sufficient ground for removal, premised on the logic that
antagonistic interests would render a guardian unsuitable for the
trust. To the extent that a court uses its discretion in appraising
whether a person is insuitable or incapable of discharging his trust,
that much it can be said that removal is discretionary. But the
discretion must be exercised within the law, and when the latter
has laid down the grounds for removal of a guardian, discretion is
limited to inquiring as to the existence of any of those grounds.]]
Can a guardian resign? Yes.
What is required before he could resign? Or for his resignation will
be approved by the court? He should file a proper ACCOUNTING

It is not automatic because the rule says - only upon notice. And
once the court is convinced that upon notice that indeed the
guardian mismanaged the property. What should the court order?
Require the guardian to surrender the estate of the ward.

His resignation cannot be approved by the court unless he submits

a final accounting which the guardian has to submit. Condition sina
qua non so that he can resign - is the approval of the final
accounting

I was telling earlier that a guardian cannot be removed except on

the grounds enumerated by the rules. Conflict of interest, can it be
a ground? Supreme court has decided in some cases that you
cannot terminate or remove a guardian except for causes as
provided for by the rules. (QUESTION FOR FINAL EXAM- is
conflict of interest a ground for removal of a guardian)

A guardian is allowed for remuneration? Yes. Amount of his

Reasonable expenses incurred but Not exceeding 15% of the Net
Income of the ward.

[[IN THE MATTER OF THE GUARDIANSHIP OF CARMEN

PADILLA VDA. DE BENGSON, Incompetent. CARMEN PADILLA