WHO MAY FILE WHERE TO FILE CONTENTS OF PETITION OPPOSITION HEARING JUDGMENT

GUARDIAN FOR AN RESIDENT (Incompetent) RTC 1. Jurisdictional facts Grounds: BEFORE HEARING Service to LCR where:
INCOMPETENT
1. Relative a. Incompetent 2. Incompetency rendering 1. Competency of the Duties of the COURT: a. Incompetent
2. Friend resides the appointment necessary alleged incompetent resides
3. Person in behalf of the 1. Set time and place for b. Property is
Grounds for Removal:
incompetent 3. Names, ages and 2. Unsuitability of the hearing situated
4. Incompetent himself residence of: proposed guardian
1. Insanity
2. Cause notice to: Duties of the GUARDIAN:
2. Incapacity to discharge
NON-RESIDENT a. Relatives
his duties
b. Person in Relief: a. Persons 1. Give BOND to CoC
3. Unsuitability
1. Relative custody mentioned in the
4. Wasted or mismanaged
2. Friend 1. Dismissal of petition petition 2. INVENTORY – within 3
the estate
3. Person interested in the 4. Value and character of 2. Issuance of letters to: b. Incompetent months from appointment;
5. Failed to render an
estate (in the PH) the estate c. Others as annually thereafter
accounting for 30 days
a. Oppositor determined by
after becoming due
INCOMPETENT – persons 5. Name of the proposed b. Person named in the court 3. Estate - MANAGE and
suffering from: guardian the opposition DISPOSE
(I2-UWF)
DURING HEARING
a. Penalty of civil (FINE-G) Payment of Debts
interdiction 1. Incompetent must be
b. Hospitalized lepers present a. Personal Prop.
c. Prodigals b. Income of RP
d. Deaf and dumb who are 2. Show compliance of the c. Real Property
unable to read and write notice requirement
e. Unsound mind, even Ward - CARE, CUSTODY
though with lucid interval 3. Hear evidence of the and EDUCATION
e. Persons who, by reason parties
of age, disease, weak 4. ACCOUNTING – within 1
mind, etc. who cannot take 4. Appoint guardian year from appointment,
care of themselves or annually thereafter
manage their property
5. SETTLEMENT OF
(CHoP-DUA) ACCOUNTS – upon
termination of guardianship

6. OTHERS – as the court

may direct

7. SELL or ENCUMBER –
within 1 year from issuance
of Authority
 WHO MAY FILE WHERE TO FILE CONTENTS OF PETITION OPPOSITION HEARING JUDGMENT

GUARDIAN FOR A
MINOR
Qualifications:
1. Moral character
2. Physical, mental or
psychological condition
3. Financial status
4. Relationship of trust with
the minor
5. Availability to exercise
duties of a guardian for a
full period of guardianship
6. Lack of conflict of
interest
7. Ability to manage
property
(MPF-RALA)
Order of Preference:
1. Parents
2. Court-appointed
guardian
3. Grandparent
4. Elder brother or sister –
over 21 years old
5. Actual custodian – over
21 years old
6. Other person as may be
determined by the court
(PGG-BAO)
Grounds for Removal:
1. Insanity
2. Incapacity to discharge
his duties
3. Unsuitability
4. Wasted or mismanaged
the estate
5. Failed to render an
accounting for 30 days
after becoming due
(I2-UWF)
RESIDENT (Minor) Family Court 1. Jurisdictional facts Grounds: BEFORE HEARING Service to:
1. Relative a. Minor resides 2. Ground rendering the 1. Majority of the alleged Duties of the COURT: a. LCR where minor
2. Person in behalf of the b. Property of minor appointment necessary minor resides
minor is situated 1. Set time and place for c. ROD where
3. Minor himself (14 years (non-resident) 3. Names, ages and 2. Unsuitability of the hearing property is
old or over) residence of: proposed guardian situated
2. Cause notice to:
Insane Minor a. Ward Duties of the GUARDIAN:
4. DSWD b. Relatives (4th civil Relief: d. Persons
5. DOH degree) mentioned in the 1. Give BOND to FC
1. Dismissal of petition petition
NON-RESIDENT 4. Value and character of 2. Issuance of letters to: e. Minor – 14 years NB: Parents are required to
the estate old or over give bond when the value of
1. Relative c. Oppositor f. Others as the property or annual
2. Friend 5. Name of the proposed d. Person named in determined by income of the minor
3. Person interested in the guardian the opposition the court exceeds P50,000 – not less
estate (in the PH) than 10% of VP/AI
(FG-NEG) 3. Order the conduct of a
case study report by a 2. INVENTORY – within 3
Grounds for filing: social worker months from appointment;
annually thereafter
1. Death, continued DURING HEARING
absence, incapacity of 3. Estate - MANAGE and
parents 1. Minor must be present DISPOSE
2. Suspension, deprivation 2. Show compliance of the Payment of Debts
or termination of parental notice requirement a. Personal Prop.
authority d. Income of RP
3. Hear evidence of the e. Real Property
parties
3. Remarriage of the Ward - CARE, CUSTODY
surviving parent who is 4. Appoint guardian and EDUCATION
unsuitable to exercise PA
NB: Hearing may be 4. ACCOUNTING – within 1
4. Best interest of the minor confidential year from appointment,
annually thereafter
(DSRB)
5. SETTLEMENT OF
ACCOUNTS – upon
termination of guardianship
6. OTHERS – as the court
may direct
7. SELL or ENCUMBER –
within 1 year from issuance
of Authority