Prepared by: Bilog, Armando; Loh, Bryan; Salvador, Kathleen Allysa

FLOWCHART: GUARDIANSHIP OF INCOMPETENTS

(Rule 92-97)

Filing of a Petition for Guardianship (Rule 93)

Who may file? (Sec. 1, Rule 93)
1. Any relative
2. Friend
3. Other person on behalf of the incompetent who has no parent or lawful guardian
4. DOH Secretary in favor of an insane person who should be hospitalized, or in favor of an isolated leper
5. Anyone interested in the estate
Where filed? Office of the Clerk of Court (OCC)
Venue? (Sec. 1, Rule 92)
Ward is a R: in the RTC in the province where such ward resides
Ward is a NR: in the RTC of the province where his property is situated
Contents of the petition? JIN-PN (Sec. 2, Rule 93)
Shall the petition be verified? Yes. But no defect in the petition or verification shall render void
the issuance of letters of guardianship.

Order and Notice of Hearing

Who must be notified? The persons mentioned in the petition who are residing in the
Philippines AND the incompetent himself
Ward is a R: reasonable notice (Sec. 3, Rule 93)
Ward is a NR: notice by publication or otherwise (Sec. 6, Rule 93)
May the court direct other general or special notice thereof to be given? Yes.
Notice jurisdictional. Service of notice upon the minor if 14 years of age or over or upon the
incompetent is jurisdictional. Without such notice, the court acquires no jurisdiction to appoint a guardian. (Nery
vs. Lorenzo, 44 SCRA 431)

Opposition, if any (Sec. 4, Rule 93)

Who may file? Any interested person
How? By filing a written opposition
Grounds:
1) Competency of the alleged incompetent
2) Unsuitability of the person for whom letters are prayed
What happens if there is opposition/no opposition? If there is an opposition, it becomes
adversarial. If there is no opposition, evidence is received ex parte.

Hearing

Filing of Guardianship Bond (Rule 94)

Where filed? OCC
When filed? Before a guardian appointed enters upon the execution of his trust, or letters of
guardianship issue
Amount: In such sum as the court directs

Service of Judgment on the Local Civil Registrar (Sec. 8, Rule 93)

Termination of Guardianship (Rule 97)

Grounds: CG-DD

1
Prepared by: Bilog, Armando; Loh, Bryan; Salvador, Kathleen Allysa

FLOWCHART: RULE ON GUARDIANSHIP OF MINORS

(A.M. No. 003-03-05-SC)

Filing of a Petition for Guardianship

Who may file? (Sec. 2)
1. The minor himself if 14 years of age or over
2. Any relative
3. Other person on behalf of a minor
4. DSWD Secretary or DOH Secretary in the case of an insane minor who needs to be hospitalized
5. Anyone interested in the estate of a NR minor in case the minor is a NR with property within the Philippines
Where filed? (Sec. 3)
R minor: Family Court of the province or city where the minor actually resides
NR minor: Family Court of the province or city where his property or any part thereof is situated
Grounds for petition: (Sec. 4)
1. Death, continued absence, or incapacity of his parents
2. Suspension, deprivation or termination of parental authority
3. Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental authority
4. When the best interests of the minor so require

Order and Notice of Hearing

Who must be notified? The persons mentioned in the petition who are residing in the
Philippines AND the minor himself if he is 14 years of age or over (Sec. 8)
Ward is a R: reasonable notice
Ward is a NR: notice by publication or any other means as the court may deem proper (Sec. 12)
May the court direct other general or special notice thereof to be given? Yes.

Case Study Report (Sec. 9)

The court shall order a social worker to
1. conduct a case study of the minor and all the prospective guardians and
2. submit his report and recommendation to the court for its guidance before the scheduled hearing
May the social worker intervene on behalf of the minor? Yes, if he finds that the petition for
guardianship should be denied.

Opposition, if any (Sec. 10)

Who may file? Any interested person
How? By filing a written opposition
Grounds:
1) Majority of the minor
2) Unsuitability of the person for whom letters are prayed

Hearing
Can a hearing on guardianship be closed to the public? At the discretion of the court, the hearing on
guardianship may be closed to the public and the records of the case shall not be release without its approval.

Filing of Guardianship Bond (Sec. 14 and 15)

Where filed? In the Family Court
When filed? Before a guardian appointed enters upon the execution of his trust, or letters of
guardianship issue
Amount: In such sum as the court shall determine
Conditions: (See Sec. 14)

2
Prepared by: Bilog, Armando; Loh, Bryan; Salvador, Kathleen Allysa

Service of Judgment (Sec. 13)

On whom shall the service of judgment be served?
1. the Local Civil Registrar of the municipality or city where the minor resides AND
2. the Register of Deeds of the province or city where his property or any part thereof is situated

Termination of Guardianship (Sec. 25)

How may the court terminate guardianship?
1. Motu proprio or
2. Upon verified motion of any person allowed to file a petition for guardianship
Grounds:
1. Ward has come of age.
2. Ward has died.
Within how many days shall the guardian notify the court of such fact? Within 10 days of its occurrence