General Guardians and Guardianship

RULE 92
Venue
Section 1. Where to institute proceedings. Guardianship of a person or estate 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
chartered city where the minor or incompetent persons resides, and if he resides in a foreign country, in the Court of First
Instance of the province wherein his property or the party thereof is situated; provided, however, that where the value of the
property of such minor or incompetent exceeds that 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 word "incompetent." Under this 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 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, 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.