Guardianship

Question 1

What is guardianship?

Answer 1

It is a trust relation in which one person called a “guardian” acts for another called “ward” whom the law regards as incapable of managing his
own affairs.

Question 2

What is the purpose of guardianship?

Answer 2

To safeguard the rights and interests of minor and incompetent persons such
that the Courts should be vigilant to see that the rights of such persons are properly protected.

Question 3

What is a Legal Guardian?

Answer 3

A legal guardian is such by provision of law without need for judicial appointment.

example: Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary (Family Code).

Question 4

What is a guardian ad litem?

Answer 4

Guardian ad litem is a
competent person appointed by the court for the purpose of a particular action or proceeding involving a minor.

Question 5

What is a judicial guardian?

Answer 5

Judicial guardian is a person
appointed by the Court for the
persons, property or both of
the ward to represent the
latter in all acts and litigations.

Question 6

What are the Rules Governing Guardianship?

Answer 6

Rules of Court, Rule 92 to 97 for incompetents

A.M. No. 03-02-05-SC, May 1,
2003 – Rule on Guardianship
of Minor

Question 7

Who are incompetents?

Answer 7

◦ Persons suffering the penalty of civil interdiction
◦ 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
◦ 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 (Sec. 2, Rule 92)

Question 8

What is the venue and jurisdiction for proceedings for guardianship over incompetent persons?

Answer 8

Regional Trial Court of the place where the wards resides.

Where the ward is NOT A RESIDENT of the Philippines, the RTC of the place where his property is situated.

Question 9

Who may petition for appointment of guardian for resident?

Answer 9

1. Any relative, friend, or other person on behalf of a (resident
   minor) or incompetent who has no parent or lawful guardian,
2. 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.
3. 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
4. Director of Health, in favor of
   an insane person who should be hospitalized, or in favor of an
   isolated leper. (Sec. 1, Rule 93)

Question 10

Who may petition for appointment of guardian for non-resident?

Answer 10

1. Any relative or
2. friend of such person, or
3. 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 non-resident is a (minor) or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate. (Sec. 6, Rule 93)

Question 11

Contents of the Petition

Answer 11

1. Jurisdictional facts
2. Fact of incompetency
3. Names, ages and residences of the relatives of incompetents, or person having the care of incompetent
4. Probable value or character his estate
5. Name of the person for whom letter of guardianship are prayed for
   (Sec. 2, Rule 93)

Question 12

Procedure for petition for guardianship?

Answer 12

1. Court shall set time for hearing and will issue notice.
   (Sec. 3, Rule 93)
2. Interested party may file an opposition (Sec. 4)
3. Hearing on the merits (Sec. 5)
4. Issuance of letters guardianship. (Sec. 5)

Question 13

True or False. “Publication is not
required in a Petition for appointment of guardians.”

Answer 13

True

Question 14

Grounds for Opposition

Answer 14

Section 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 insuitability 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.

Question 15

Bond is subject to what conditions?

Answer 15

To make and return inventory of property within three (3) months

To faithfully execute the duties of his trust

To render true and just account of all the estate of his ward.

Question 16

When new bond may be required

Answer 16

Section 2. When new bond may be required and old
sureties discharged. — Whenever it is deemed
necessary, the court may require a new bond to be given by the guardian, and may discharge the
sureties on the old bond from further liability, after due notice to interested persons, when no injury can result therefrom to those interested in the estate (Rule 94).

Question 17

How to claim on the bond executed by the guardian in case the guardian failed to perform his obligation for the bond was issued

Answer 17

Section 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 94).

Question 18

What is the procedure for the sale or encumbrance of a property of the ward?

Answer 18

A Petition should be filed by the guardian (Sec. 1, Rule 95)

Court shall issue an order directing the next of kin of the
ward, or all person interested in the state of the ward to appear on the day and time set by the Court (Sec. 2, Rule 95)

The petitioner and next of kin or any other interested person will be heard (Sec. 3, Rule 95)

The Court will either grant or deny the petition (Sec. 4, Rule 95)

Question 19

True or False. No order of sale granted shall continue in force more than one year after granting the same, without a sale being had.

Answer 19

True (Sec. 4, Rule 95).

Question 20

Powers and Duties of Guardians

Answer 20

Basic obligation of the guardian is to have care and custody of the person of his ward, and the management of his estate.
(Sec. 1, Rule 96)

Pay the debts of the ward out of his personal estate (Sec. 2, Rule 96)

Settle accounts, collect debts, and prosecute and defend suit
for the ward (Sec. 3, Rule 96)

To manage the estate frugally (Sec. 4, Rule 96)

To make inventory and accounting (Sec. 6, Rule 96)

Question 21

What action is to be taken if a person is suspected of embezzling or concealing property of the ward?

Answer 21

Section 6. Proceedings when the person suspected of embezzling or concealing property of ward. — Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the
estate of the ward as creditor, heir, or otherwise, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment or conveyance (Rule 96).

Question 22

True or False. Upon evidence of embezzlement, the Court shall order the delivery of the property embezzled or concealed.

Answer 22

FALSE. A guardianship court only has the power to cite such person to obtain information on the property. Generally, the guardianship court exercising special and limited jurisdiction cannot actually order the delivery of the property of the ward found to be embezzled, concealed or conveyed. Only in extreme case where the property of the ward or where his title thereto has been judicially decided, may the court direct its delivery to the guardian
(Parco vs. CA, GR L-33152, January 30, 1982, citing
Cui vs. Piccio).

Question 23

When may guardianship over incompetent persons be terminated?

Answer 23

When the person is no longer incompetent (Sec. 1, Rule 97)

When the guardian is removed or resigned (Sec. 2, Rule 97)

Grounds for removal:
◦ Insanity
◦ Incapable of discharging his trust or unsuitable therefore
◦ Mismanagement

Question 24

when is Guardianship of Minor
(A.M. 03-02-05-SC) applicable?

Answer 24

The Rule is applicable to petition for guardianship of the person or property of the minor (Sec. 1)

Question 25

True or False. Parents are the legal guardians of the minor without necessity of court appointment.

Answer 25

True. (Sec. 1, A.M. 03-02-05-SC)

Question 26

Who between the mother and paternal grandmother should be the guardian of the minor?

Answer 26

It is the mother pursuant to Article 211 of the FC

Question 27

Who may file the Petition for guardianship over minors?

Answer 27

relative
Other person on behalf of the minor
Minor, himself, if fourteen (14) years or over.
DSWD or DOH for insane minor who needs to be hospitalized.

Section 2

Question 28

What is the Venue and Jurisdiction of petition for guardianship over minors?

Answer 28

Family Court of the province or city where the minor resides

If the minor resides in foreign country, in the Family Court of the province or city where his
property is located.

Section 3.

Question 29

Grounds for guardianship over minors.

Answer 29

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; or
4. When the best interests of the minor so require.

Question 30

What are the qualifications of a guardian over minors?

Answer 30

1. Moral character;
2. Physical, mental and psychological condition;
3. Financial status;
4. Relationship of trust with the minor;
5. Availability to exercise the powers and duties of a guardian for the full period of the guardianship;
6. Lack of conflict of interest with the minor; and
7. Ability to manage the property of the minor. (Section 5)

Question 31

True or False. The Court may appoint non Filipino citizens and non-residents as guardians of Filipino minors.

Answer 31

False. In Vancil vs. Belmes, G.R. No. 132223, June 19, 2001, the SC held that courts should not appoint persons as guardians who are not within the jurisdiction of our courts for they will find it difficult to protect the wards.

Question 32

Who may be appointed as guardians over minors in the absence of parents or court-appointed guardian

Answer 32

(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,

(d) any other person, who in the sound discretion of the court, would serve the best interests of the minor.

Question 33

What is the procedure for petition of guardianship over minors?

Answer 33

 Filing of Petition (Sec. 7)
 Setting of time and notice of hearing through the Court’s Order (Sec. 8)
 Order case study Report (Sec. 9)
 Opposition to petition (Sec 10)
 Hearing of Petition and Opposition (Sec. 11)
 Filing of bond (Sec. 14)
 Decision (Sec. 11)
 Final Decision shall be sent to LCR and RD (Sec. 13)
 If non-resident, petition may be filed with any relative or friend or any person interested in the estate (Sec. 12)

Question 34

Grounds for Removal of guardians over minor

Answer 34

Sec. 24. Grounds for removal or resignation of guardian. – When a guardian becomes 1) insane or otherwise 2) incapable of discharging his trust or is 3) found thereafter to be unsuitable, or 4) has wasted or mismanaged the property of the ward, or 5) has failed to render an account or make a return for thirty days after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require him to surrender the property of the ward to the person found to be lawfully entitled thereto.

Question 35

Grounds for Termination of guardianship over minor

Answer 35

Sec. 25. Ground for termination of guardianship. – The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward has come of age or has died. The guardian shall notify the court of such fact within ten days of its occurrence.