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GUARDIANSHIP Rule 91 97 1. Guardianship a. Is the power of protective authority given by law and imposed on an individual who is free and in the enjoyment of his rights, over one whose weakness on account of his age or other infirmity renders him unable to protect himself. i. It may also be describe as the relationship subsisting between the guardian (person exercising such power) and the ward (the person under guardianship). It involves the taking of possession of and management of, the estate of another unable to act for himself. b. Nature of Guardianship i. It is a trust relation of the most sacred character, in which one person, called a guardian, acts for another, called the ward, whom the law regards as incapable of managing his own affairs. ii. It is designed to further the wards well-being not that of the guardian. 2. Guardian a. A person in whom the law has entrusted the custody and control of the person or estate or both of an infant, insane or other person incapable of managing his own affairs. 3. Basis of Guardianship a. Where minors are involved, the state acts a Parens Patriae, it is the duty of protecting the rights of persons or individuals who because of age or incapacity are in unfavourable positions vis--vis other parties. Unable as they are to take due care of what concerns them, they have the political community to look after their welfare. i. Under Article 24 of the Civil Code, Where one of the party in any contractual, property or other relations is at disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection 4. Purpose of Guardianship a. To safeguard the right and interest of minors and incompetent persons. 5. Kinds of Guardianship a. According to Scope or Extent i. Guardian of the Person 1. Appointed by the court to take care of the person of the ward. ii. Guardian of the Property 1. Appointed by the court to manage all property or the estate of a minor or incompetent. iii. General Guardian 1. Appointed by the court to have the care and custody of the person and of all the property of the ward. b. According to Constitution i. Legal 1. Those deemed as guardians without the need of a court appointment. ii. Guardian Ad Litem 1. Those appointed by courts of justice to prosecute or defend a minor, insane or person declared to be incompetent, in an action in court. iii. Judicial Guardian 1. Appointed by the court in pursuance to law, as guardian for insane persons, prodigals, minors heirs or deceased war veterans and other incompetent persons. 6. Minors a. Are those who are below eighteen years old.

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7. Incompetent Persons a. Includes persons suffering under 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 thereby an easy prey for deceit and exploitation.

A.M 03 02 05 SC RULE ON GURADIANSHIP OF MINORS

A petition for the appointemt of guardian shall be filed
Any Relative Other Person on behalf of the minor The minor himslef if over 14 years of age. The Secretary of Social Welfare & Developemtn The Secretary of Health

The petition shall be file in the Family Court where the minor resides or in case on non-resident minor, with the Family Court of the Province where the property or any part of it is situated.

At the hearing of the petition, it must be shown that the requirement of notice has been complied with. Theprospective ward shall be presented to the court
If justified based on the evidence presented, the court shall appoint suitable guardian of the person or property of the minor.

Any interested person may oppose or contest the petition by filing a written opposition on the ground of majority of the minor or the unsuitability of the person for whom letters are prayed.

After filing the petition for the appointment of guardian, the court shall fix a time and place for its hearing, and shall cause reasonable notice to the person mentioned in the petition, including the minor if 14years of age or over.

Before he enters upon the execution of trust, or letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall determine.

The final and executory judgment or order shall be served upon the Local Civil Registrar of the Municipality or City where the minor resides and the Register of Deeds of the place where his property or part thereof is situated.

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1. Conditions of bond a. To make and return to the court, within 3 months after the issuance of his letter of guardianship, a true and complete inventory of all the property, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf. b. To faithfully execute the duties of his trust. c. To render a true and just account of all the property of the ward in his hands and of all proceeds or interest derived therefrom, and of the management and disposition of the same. d. To perform al orders of the court and such other duties as may be required by law. i. Memo: The bond shall be filed in the family court. 1. In case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding for the benefit of the ward or any other person legally interest in the property. 2. General duties of guardian a. Have the care and custody of the person of the ward, and the management of the estate only, as the case may be. b. To pay the just debts of the ward out of personal property and the income of the real property of the ward, if the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its sale or encumbrance. c. To settle all accounts of his ward, collect debts and appear in actions for ward. d. Manage the estate of the ward frugally, and apply the proceeds to maintenance of the ward e. To consent to a partition of real or personal property owned by the ward jointly or in common with the others upon authority granted by the court after hearing, notice to relatives of the ward and a careful investigation as to the necessity and propriety of the proposed action. f. Render verified inventory within 3 months after his appointment and annually thereafter upon application of interested persons g. To report to the court any property of the ward not included in the inventory which is discovered, succeeded to, or acquired by the ward within three months after such discovery, succession or acquisition. h. To render an accounting to the court of the property one year from his appointment. 3. Petition to sell or encumber property a. Grounds i. When the income of a property under guardianship is insufficient to maintain and educate the ward ii. When it is for his benefit that his personal or real property or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and productive security of other real property. b. The guardian may file a verified petition setting forth such facts, and praying that an order be issued authorizing the sale or encumbrance of the property. c. What will happen next? i. The court shall order his next of kin and all persons interested in the property to appear at a reasonable time and place as specified and show cause why the petition should be granted. 4. Grounds for removal or resignation of guardian a. When a guardian becomes insane b. Incapable of discharging his trust or is found thereafter to be unsuitable, c. Has wasted or mismanaged the property of the ward d. Has failed to render an account or make a return for 30 days after its due. 5. Ground for termination of guardianship a. The ward has come of age

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b. The ward has died i. The court may motu proprio or upon verified petition of any person allowed to file a petition for guardianship terminate it. 6. Summary Judicial Proceedings a. It contemplates a situation where the spouse is absent, or separated in fact or has abandoned the other, or consent is withheld or cannot be obtained. i. It does apply to cases where the non-consenting spouse in incapacitated or incompetent to give consent. 1. The proper remedy is judicial guardianship.

GUARDIANSHIP OF INCOMPETENTS
Rule 92 Venue 1. Where to institute Proceedings? a. Guardianship of Incompetent Persons may be instituted in the Regional Trial Court of the Province where the incompetent person resides, and if he resides in a foreign country, in the RTC where his property or any part thereof is situated. i. Residence 1. It is normally understood to mean the domicile of the incompetent person. ii. Incompetent 1. It includes: a. Those suffering from penalty of civil interdiction; b. Hospitalized lepers; c. Prodigals; d. Deaf and dumb who are unable to read and write; e. Those of unsound mind though they have lucid intervals; f. Persons not of unsound mind but by reason of age, disease, weak mind, and other similar causes cannot, without outside aid, take care of themselves or manage their property. 2. Transfer of Venue a. The court taking cognizance of a guardianship proceeding may transfer the same to the court of another province or municipality wherein the ward has acquired real property. i. Only if he has transferred thereto his bona fide residence. 1. The latter court shall have jurisdiction to continue the proceedings, without requiring payment of additional fees. b. Purpose: i. To afford convenience to the ward. ii. Memo: The grant of such a change of venue lies within the exclusive discretion of the court. c. Limitations on the Transfer of Venue i. The court where guardianship proceedings are pending may impose as a condition to the transfer of venue to another court, that a settlement be made in the court in which letters of guardianship was granted. 1. A court may refuse a transfer if the settlement is insufficient to show the condition of the estate, the properties of the ward, and the guardians just charges.

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d. A branch of the same court cannot be permitted to assert its jurisdiction in disregard of the orders of another branch. (Ratio: Doctrine of Judicial Stability) Rule 93 Appointment of Guardians 1. Who may petition for appointment of guardian for resident? a. Any Relative b. Friend c. Other person on behalf of a resident incompetent who has no parent or lawful guardian. d. The Director of Health in favor of an insane person who should be hospitalized or in favor of an isolated leper. e. Anyone interested in the estate of a non- resident incompetent. 2. Contents of Petition MINOR INCOMPETENT (a) The jurisdictional facts; (a) The jurisdictional facts; (b) The name, age and residence of the prospective ward; (b) The incompetency rendering the appointment necessary or convenient;

(c) The ground rendering the appointment (c) The probable value and character of his necessary or convenient; estate; (d) The death of the parents of the minor or the termination, deprivation or suspension of their parental authority; (d) The names, ages, and residences of the relatives of the incompetent, and of the persons having him in their care;

(e) The remarriage of the minors surviving parent;

(e) The name of the person for whom letters of guardianship are prayed. (Section 2 of Rule 93)

(f) The names, ages, and residences of relative within the 4th civil degree of minor, and of persons having him in their care and custody;

(f) Anyone interested in the estate of a nonresident incompetent (Section 6)

(g) The probable value, character and location of the property of the minor; and (h) The name, age and residence of the person from whom

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a. When certain jurisdictional facts may be dispensed with? i. While allegations as to the names, ages and residences of the minors relative is jurisdictional, the same may not be necessary where the petition was filed by the minors relatives themselves, to wit, the minors great-grandmother, grand-aunt, and grand uncles, with the written consent of her widowed father. b. The correction of minors name may be made by way of motion. c. A petition for guardianship, to be sufficient, must be dated, signed and sworn to and duly certified in a manner similar to the practice formerly prevailing in the case of sworn bills and answers. d. Effect of defect in the petition i. No Defect in the petition or verification shall render void the issuance of letters of guardianship. 3. Opposition to Petition a. Grounds i. Competency of the alleged Incompetent ii. Incompetency of the person for whom letters of guardianship are prayed. b. As held in Garchitorena v. Sotelo, If the interested person is a creditor and mortgagee of the estate of the minor, he cannot be appointed guardian of the person and property of the incompetent. No man can serve two masters. c. An opposition should be first addressed and resolved by the lower court and not for the first time on appeal. Such opposition may also be ventilated on appeal in the event that the lower court makes an unfavourable decision thereon. 4. Hearing and order for letters to issue a. GR: The selection of the person to be appointed as guardian is generally speaking a matter particularly for the discretion of the appointing court and will not be reviewed by the appellate court unless for CLEAR ERROR.