RULE 92 VENUE OUTLINE OF REPORT DEFINITION 1. Guardianship is when a court orders someone other than the childs parent to: -
have custody of the child; or
manage the childs property (estate of the child); both.
2. Guardianship 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. 3. Guardian is 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. NATURE AND PURPOSE -Francisco vs. CA 212 Phil 346 (1984) 1. A GUARDIANSHIP 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. 2. A GUARDIANSHIP is designed to further the wards well-being, not that of the guardian. 3. It is intended to preserve the wards property, as well as to render any assistance that the ward may personally require. CUSTODY VS. GUARDIANSHIP Custody involves immediate care and control while Guardianship indicates not only those responsibilities but also those of one in loco parentis as well. (in place of a parent) RELATED LAWS
1.
1964 Revised Rules of Court Rule 92-97 governed the
rules on guardianship of minor and incompetent both as to their person and property. 2. RA 8369 the Family Courts Act of 1997, which vested the Family Courts with exclusive original jurisdiction on guardianship of minors. 3. AM No. 03-02-05-SC Rule on guardianship of minors 4. PD 603 The Child and Welfare Act Code Three kinds of guardians under the law: 1. LEGAL GUARDIAN one is such by provision of law without the need of a court appointment. (The father and mother shall jointly exercise legal guardianships over the person and the property of their unemancipated common child without the need of a court appointment. (S1 Rule on Guardianship of Minors) 2. GUARDIAN AD LITEM one who is appointed by the court for purposes of particular action or proceeding involving a minor. 3. GENERAL GUARDIAN one who is appointed by the court over the person and/or property of the ward to represent the latter in all his civil acts and transactions. RULE 92 VENUE SECTION 1: Where to institute proceedings Guardianship 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. SECTION 2: Meaning of the word incompetent Under the 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 with 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. SECTION 3: Transfer of venue 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, if he has transferred thereto his bona fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees.