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JURISDICTION
WHO MAY
PETITION

CONTENTS OF
PETITION

GROUNDS OF
PETITION

VERIFICATION
& NON-FORUM
SHOPPING
SERVICE OF
NOTICE

OPPOSITION
GROUNDS FOR
OPPOSITION

HEARING

CASE
STUDY REPORT
SERVICE OF
JUDGMENT
GUARDIAN OF
PROPERTY OF A
NONRESIDENT

GUARDIANSHIP OF INCOMPETENTS
RULES 92-97
Resident - RTC where incompetent resides
Non-Resident RTC where his property is located
1. Any relative
2. Friend
3. Other person on behalf of the resident incompetent
who has no parents or lawful guardian
4. Director of Health in favour of:
a. an insane person who should be hospitalized or
b. an isolated leper
5. Anyone interested in the estate of a non-resident
incompetent
1. Jurisdictional facts
2. Incompetency
rendering
the
appointment
necessary or convenient.
3. Names, ages, & residences of the relatives of the
incompetent, & of the persons having him in their
care
4. Probable value & character of his estate
5. Name of the person for whom letters of
guardianship are prayed for
Incompetency. Incompetents include:
1. Those suffering from penalty of civil interdiction
2. Hospitalized lepers
3. Prodigals
4. Deaf & dumb who are unable to read & write
5. Those of unsound mind though they have lucid
intervals
6. Persons not of unsound mind but by reason of age,
disease, weak mind & other similar causes cannot,
w/o outside aid, take care of themselves & manage
their property
Must be verified only. However, no defect in the
petition or verification shall render void the issuance
of letters of guardianship.
1. Persons named in the petition residing in the Phil.
2. The incompetent (if he is insane, service of notice
upon the Director of Hospital where he is
hospitalized is sufficient)

GUARDIANSHIP OF MINORS
AM NO. 03-02-05-SC
Resident FC where the minor resides
Non-Resident FC where his property is located
1. Any relative
2. Friend
3. The minor himself if 14 years of age or over
4. The Sec. of DSWD AND by Sec. of Health in case of an insane
minor who needs to be hospitalized

1. Jurisdictional facts
2. Name, age & residency of the prospective ward
3. Ground rendering the appointment necessary
4. Death of the parent of the minor or the termination, deprivation,
or suspension of their parental authority
5. Remarriage of the minors surviving parent
6. Names, ages & residences of relatives w/in the 4th civil degree of
minor & of persons having him in their care & custody
7. Probable value, character & location of the property of the minor
8. Name, age & residence of person for whom letters are prayed for
1. Death, continued absence, or incapacity of his parents
2. Suspension, termination, deprivation of parental authority
3. Remarriage of his surviving parent, if the latter is found
unsuitable to exercise parental authority
4. When the best interests of the minor so require

Must be verified AND accompanied by a certification against forum

shopping.
1. Persons named in the petition, AND
2. The minor, if over 14 years of age (jurisdictional)

GR: No requirement for publication, only notice

E: In case of a non-resident incompetent
Must be in writing. Need not be verified.
1. Competency of alleged incompetent.
1. Majority of alleged minor.
2. Unsuitability of the person for whom letters are 2. Unsuitability of the person for whom letters are prayed for.
prayed for.
Contents of Opposition to Petition:
1. Ground relied upon
2. Prayer that the petition be denied
3. Prayer that letters of guardianship issue to himself or to any
suitable person named in the opposition
1. The alleged incompetent must be present if able to 1. The prospective ward shall be presented to the court
attend
2. It must be shown that the required notice has been given
2. It must be shown that the required notice has been
(the hearing may be closed to the public)
given
(no case study report required)
The court shall order a SOCIAL WORKER to conduct a case study of
the minor & all prospective guardians & submit his report &
recommendation 3 DAYS before hearing to the court for its
guidance before the scheduled hearing.
Civil Registrar of the place where the incompetent 1. Civil Registrar of the place where the incompetent resides or
resides or of the place where the property is situated
2. Register of Deeds of the place where the property is situated
Ancillary Guardianship guardianship in a state other than that in w/c the guardianship is originally granted
Procedure:
1. Filing of petition by:
a. Relative
b. Friend
c. Anyone interested in the estate of a person
2. Court shall set the case for hearing
3. Notice by publication to be served to the persons mentioned in the petition, including minor, if 14 years & above
4. Court shall receive evidence
5. Declaration of the propriety of the petition
6. Issue letters of guardianship

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DUTIES OF
GUARDIAN

BONDS OF
GUARDIANS
CONDITIONS
OF BOND

GROUNDS
FOR SELLING/
ENCUMBERING
PROPERTY
REQUIREMENTS
FOR SELLING/
ENCUMBERING
PROPERTY,
COURTS ORDER
& DURATION

EXPENSES &
COMPENSATION

WHO MAY FILE

FOR
TERMINATION

WHO MAY
OPPOSE
GROUNDS FOR
TERMINATION

GROUNDS FOR
REMOVAL/
RESIGNATION

OTHER
INFO

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1. To have the care & custody of the person of the ward and/or the management of his estate
2. Pay the debts of the ward out of personal property & the income of the real property of the ward, if the same is sufficient.
Otherwise, out of real property of the ward upon obtaining an order for its sale or encumbrance.
3. Settle accounts, collect debts & appear in actions for ward
4. Manage the estate of the ward frugally & apply the proceeds to maintenance of the ward
5. Render verified inventory w/in 3 months from his appointment & annually thereafter & upon application of interested
persons
6. Render to court for its approval of an accounting of the property for 1 year from his appointment & every year thereafter,
& upon application of interested persons
Before an appointed guardian enters upon the If the market value of the childs property or the annual income
execution of his trust, he shall give a BOND
exceeds P50,000, the parents shall furnish a BOND not less than
10% of the value of the properties/income
1. To make & return to the court w/in 3 months a true & complete inventory of all the estate of his ward w/c shall come to
his possession or knowledge or to his possession or knowledge of any other person for him
2. To faithfully execute the duties of his trust
To manage & dispose of the estate according to these rules for the best interests of the child, and
To provide the proper care, custody & education of the ward
3. To render a true & just account of all the estate of the ward in his hands, & of all the proceeds or interests derived
therefrom, and of the management & disposition of the same, at the time designated by these rules & such other items as
the court directs, and
At the expiration of his trust to settle his accounts w/ the court & deliver & pay over all the estate, effects & moneys
remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto
4. To perform all orders of the court by him to be performed
Grounds:
Grounds:
1. The income of the estate is insufficient to maintain 1. Income of estate is insufficient to maintain & educate ward when
the ward and his family
a minor
2. It is for the benefit of the ward
2. It is for the benefit of the ward
Requirements:
1. Petition must be verified
2. Notice must be given to the next of kin & other interested persons (jurisdictional)
3. Hearing so that they must show cause why petition should not be granted

Next of Kin: those relatives who are entitled to share in the estate of the ward under the Law on Intestate Succession
including those who inherit per stirpes or by right of representation.
Order must specify the grounds for the sale/encumbrance
Appeal proper remedy against an order of the court authorizing the sale of the wards property (But the sale of the
wards estate is presumed valid & cant be attacked collaterally. A separate action to avoid/rescind the sale is necessary.
Authority to sell/encumber 1 year from the granting of the order, unless renewed by the court
Prohibition the guardian cannot acquire by purchase even at a public or judicial auction, either in person or through the
mediation of another, the property of the person/s who my be under his guardianship
The guardian shall be allowed the amount of his The guardian shall be allowed the amount of his reasonable
reasonable expenses incurred in the execution of his expenses incurred in the execution of his trust & such
trust & such compensation for his services, not compensation for his services, not exceeding 10% of the net
exceeding 15% of the net income of the ward.
income of the ward, if any. Otherwise, in such amount the court
determines to be a reasonable compensation for his services.
1. Person who has been declared incompetent
1. Motu proprio by the court, or
2. His guardian
2. By a verified petition by any person allowed to file a petition for
3. Relative
guardianship
4. Friend
(petition shall be verified by oath & shall state that
such person is then competent)
1. Guardian
2. Relative of the ward
3. Any other person, in the discretion of the court
1. Competence of the ward has been judicially 1. The minor has come of age
determined
2. The minor died (notify the court w/in 10 days)
2. Guardianship is no longer necessary
3. Death of guardian
4. Death of ward
1. Insanity
2. Incapability/unsuitability to discharge functions
3. Wastage or mismanagement of the property of the ward
4. Failure to render an account or make a return w/in 30 days after it was due
5. A guardian may be allowed to resign when it appears proper to allow the same.
Remedy appeal the order of removal
For guardians of minors No motion for removal/resignation shall be granted unless the guardian has submitted the
proper accounting of the property of the ward & the court has approved the same.
GR: The court CANNOT actually order the delivery of Considerations in Appointing Guardians:
the wards property found to be embezzled, concealed 1. Moral character
or conveyed
2. Physical, mental and psychological condition
E: When the title of the ward to the same is clear & 3. Financial status
indisputable
4. Relationship of trust w/ minor
5. Availability to exercise the powers & duties of a guardian for the
full period of the guardianship
6. Ability to manage the property of the minor

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Who May be Appointed Guardian of the Person, Property or Both:

In default of parents or a court-appointed guardian of a minor,
observing as far as practicable, the ff. ORDER OF PREFERENCE:
1. Surviving grandparent
2. Oldest brother/sister of the minor over 21 years of age, unless
unfit/disqualified
3. Actual custodian of the minor over 21 years of age, unless
unfit/disqualified
4. Any other person, who in the sound discretion of the court would
serve the best interests of the minor
DOMESTIC ADOPTION
ACT OF 1998 (RA 8552)
JUDICIAL

Who May
Adopt?

Exceptions to
Rules on
Who May
Adopt

Who May be
Adopted?

Definition of
a Child
Whose
Consent is
Necessary to
the

1. Any FILIPINO Citizen

a. Of legal age
b. In possession of full civil capacity & rights
c. Of good moral character
d. Has not been convicted of any crime involving moral turpitude
e. Emotionally & psychologically capable of caring for children
f. At least 16 YEARS older than the adoptee
g. In a position to support & care for his/her children in keeping w/ the means of
the family
2. Any ALIEN possessing the same qualifications as above, provided:
a. His/her country has diplomatic relations with the Phil.
b. Living in the Phil. for at least 3 continuous years prior to the filing of the
application for adoption
c. Maintains such residence until the adoption decree is entered
d. Certified to have legal capacity to adopt in his/her country
e. His/her government allows the adoptee to enter his/her country as his/her
adopted child
3. HUSBAND & WIFE shall jointly adopt except in the ff. cases:
a. If one spouse seeks to adopt the legitimate child of the other
b. if one spouse seeks to adopt his/her own illegitimate child: Provided, However,
that the other spouse has signified his/her consent thereto
c. if the spouses are legally separated from each other
4. The GUARDIAN w/ respect to the ward provided it is after:
a. the termination of the guardianship, and
b. clearance of his/her financial accountabilities
The requirement of 16 YEARS difference bet. adopter & adoptee may be waived if the
adopter is:
1. the biological parent of the adoptee
2. the spouse of the adoptees parent
The requirement on RESIDENCE & CERTIFICATION of aliens qualification to adopt
may be waived for the ff:
1. one who seeks to adopt the legitimate child of his Filipino spouse
2. a former Filipino citizen who seeks to adopt a relative w/in the 4th degree of
consanguinity or affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4th degree of consanguinity or affinity of the Filipino spouse
1. Any person below 18 who has been administratively or judicially declared available
for adoption;
2. The legitimate child of one spouse by the other spouse;
3. An illegitimate child by a qualified adopter to improve his/her status to that of
legitimacy;
4. A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter/s as his/her own child since minority;
5. A child whose adoption has been previously rescinded;
6. A child whose biological or adoptive parent/s has died; (but no proceedings shall be
initiated w/in 6 months from the time of death of said parent/s)
7. A child not otherwise disqualified by law or these rules
A child legally available for adoption - a child who has been voluntarily or involuntarily
committed to DSWD OR to a duly licensed & accredited child-placing or child caring
agency, freed of the parental authority of his biological parents, or in case of
rescission of adoption, his guardian or adopter/s.
a person below 18 years of age

INTER-COUNTRY ADOPTION
ACT OF 1995 (RA 8043)
EXTRAJUDICIAL
1. An
alien
or
Filipino
citizen
permanently residing abroad
2. at least 27 years old
3. has undergone the appropriate
counseling from an accredited
counselor in his/her country
4. is in a position to give the necessary
moral values and example to all his
children, including the child to be
adopted
5. agrees to uphold the basic rights of
the child as embodied under Phil.
laws, the U.N. Convention on the
Rights of the Child, & to abide by
the R&R issued to implement this
Act
6. comes from a country whose
government maintains a similarly
authorized & accredited agency &
that adoption is allowed under
his/her national laws
(Other requirements are the same w/
Domestic Adoption)
The requirement of 16 YEARS
difference bet. adopter & adoptee may
be waived if the adopter is:
1. the biological parent of the adoptee
2. the spouse of the adoptees parent

Only a legally free child may be the

subject of inter-country adoption.
Legally freed child - a child who has
been
voluntarily/involuntarily
committed to DSWD.

a person below 15 years of age,

unless sooner emancipated by law

1. The adoptee, if 10 years of age or over;

2. The biological parent/s of the child, if known, or the legal guardian, or the proper
government instrumentality w/c has legal custody of the child;
3. The legitimate & adopted children, 10 years of age or over, of the adopters &
adoptee, if any;

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SPECIAL PROCEEDINGS

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Adoption?
Where to File
Petition
What
Petition for
Adoption
may Include

Annexes or
Documents
to be
Submitted

Publication

Supervised
Trial Custody

Decree of
Adoption

4. The illegitimate children, 10 years of age or over, of the adopter if living w/ said
adopter & the latter's spouse, if any; and
5. The spouse, if any, of the person adopting or to be adopted.
Family court where the ADOPTER resides

1. Prayer for change of name

2. Rectification of simulated birth
3. Declaration that the child is a foundling, abandoned, or neglected child.

1. Inter-Country Adoption Board, or

2. RTC having jurisdiction over the
ADOPTEE (w/c will transmit it to
ICAB for appropriate action)
Only petition for adoption.

1. Birth/baptismal/foundling certificate
2. Decree of annulment, nullity, or legal separation of the adopter, as well as that of
the biological parents of the adoptee, if any
3. School records showing the name, age & residence of the adoptee
4. Child study report on the adoptee & his biological parents
5. Home study report on the adopters. If the adopter is an alien or residing abroad but
qualified to adopt, the home study report by a foreign adoption agency duly
accredited by the ICAB
6. If the petitioner is an alien, certification by his diplomatic/consular office or any
appropriate government agency that:
a. he has legal capacity to adopt in his country, and
b. his government allows the adoptee to enter his country as his own adopted child
c. Affidavit of consent of the ff:
a. Adoptee, if at least 10 years old
b. Biological parents of the adoptee, if known, or legal guardian, or the childplacement or child-caring agency, or the proper governmental instrumentality
w/c has legal custody of the adoptee
c. Legitimate & adopted children of the adopter & of the adoptee, who are at least
10 years old
d. Illegitimate children of the adopter living w/ him who are at least 10 years old
e. Spouse of the adopter or adoptee

1. Birth certificate of applicant/s

2. Marriage contract/divorce decree
3. Written consent of their biological or
adoptive children above 10 years of
age, in the form of sworn statement
4. Physical, medical & psychological
evaluation by a duly licensed
physician & psychologist
5. Income tax returns or any document
showing the financial capability of the
applicant/s
6. Police clearance of applicant/s
7. Character reference from the local
church/minister,
the
applicant's
employer & a member of the
immediate community who have
known the applicant/s for at least 5
years;
8. Recent postcard-size pictures of the
applicant/s & his immediate family
(all must be written & officially
translated in English)
Petition must be published at least once a week for 3 consecutive weeks in a No publication requirement.
newspaper of general circulation in the province/city where the court is situated
GR: at least 6 months, but court may reduce period or exempt parties
at least 6 months in the country of the
E: aliens must complete the 6-month trial custody
adopter; this is mandatory before a
E to E:
decree of adoption is issued
1. one who seeks to adopt the legitimate child of his Filipino spouse
2. a former Filipino citizen who seeks to adopt a relative w/in the 4 th degree of
consanguinity/affinity
3. one who is married to a Filipino citizen & seeks to adopt jointly w/ his spouse a
relative w/in the 4th degree of consanguinity/affinity of the Filipino spouse
Issued by the FAMILY COURT w/c has jurisdiction over case.
Issued by a FOREIGN COURT

DOMESTIC ADOPTION ACT OF 1998

2 Ways to Commit a Child
1. Administrative/Voluntary the parent/guardian VOLUNTARILY committed the child to DSWD or any duly licensed child placement or
child caring agency. The child must be surrendered in WRITING. Such written instrument must be notarized & signed in the presence of
the authorized representative of the department after counselling has been made to encourage the parents to keep the child.
2. Judicial/Involuntary follow the procedure in Proposed Rule on Commitment of Children
All Petitions shall allege:
1. The names, age, and residence of the adoptee as shown in his record of birth, baptismal or foundling certificate and school records
2. The adoptee is not disqualified by law to be adopted
3. The probable value & character of the estate of the adoptee
4. The first name, surname or names by w/c the adoptee is to be known & registered in the Civil Registry
Note: The petition shall be VERIFIED w/ a CERTIFICATE OF NON-FORUM SHOPPING and specifically state at the heading of the initiatory pleading
whether the petition contains an application for a change of name, rectification of simulated birth, or voluntary/involuntary commitment of
children, or declaration of child as abandoned, dependent, or neglected.
Petition for Adoption w/ Rectification of Simulated Birth; it shall allege:
1. Petitioner is applying of rectification of a simulated birth
2. The simulation of birth was made prior to the date of effectivity of RA 8552, and the application for rectification of birth registration &
the petition for adoption was filed w/in 5 years from said date
3. The petitioner made the simulation of birth for the best interests of the adoptee
4. The adoptee has been consistently considered & treated by petitioner as his own child
Petition for Adoption of a Foundling, an Abandoned, Dependent or Neglected Child; it shall allege:
1. The facts showing that child is a foundling, abandoned, dependent or neglected
2. The names of the parents, if known, and their residence. Otherwise, the name & residence of the guardian

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SPECIAL PROCEEDINGS

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3.
4.

The name of the duly licensed child-placement agency or individual whose care the child is in custody
That the Department, child-placement or child-caring agency is authorized to give its consent.

Petition
1.
2.
3.

for Adoption w/ Prayer for Change of Name; the title or caption must contain:
The registered name of the child
Aliases or other names by w/c the child has been known
The full name by w/c the child is to be known

Order of Hearing must be published at least once a week for 3 consecutive weeks
GR: notice to the OSG is DISCRETIONARY
E: If a change of name of the adoptee is prayed for in the petition, notice to the OSC is MANDATORY
Hearing
GR: Held w/in 6 months from the date of issuance of the order
E: in case of application for change of name w/c hearing must NOT be w/in 4 months after the last publication nor w/in 30 days prior to election
Child & Home Study Reports The social worker verifies w/ the Civil Registry the real identity & the name of the adoptee & the fact that s/he
is legally available for adoption & that the documents submitted to support this fact are valid & authentic.
Purpose of Supervised Trial Custody In order for the parties to adjust psychologically and emotionally to each other and to establish a
bonding relationship
Decree of Adoption - effective as of the date the original petition was filed
Effects
1.
2.
3.
4.

of Adoption
adopter will exercise parental authority
all legal ties bet. biological parents & the adoptee shall be severed, except when the biological parent is the spouse of the adopter
adoptee shall be considered a legitimate child of adopter
adopters & adoptee shall have reciprocal rights of succession w/o distinction from legitimate filiation

Who May File Verified Petition for Rescission of Adoption?

1. Adoptee
a. Over 18 years of age
b. If minor, w/ the assistance of DSWD
2. Guardian or counsel, if over 18 but incapacitated
Note: The adopter CANNOT rescind the adoption, but can merely disinherit the adoptee as provided under Art. 919, NCC.
Where to File Verified Petition for Rescission?
Family court of the city/province where the ADOPTEE resides.
What is the Period Within Which to File the Petition?
5 years from reaching the age of majority or after recovery from incompetency. Adverse party shall file his answer w/in 15 days from receipt of
order of court requiring him to answer.
Grounds for Rescission
1. repeated physical and verbal maltreatment by the adopter/s despite having undergone counseling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment & failure to comply w/ parental obligations.
Effects
1.
2.
3.
4.
5.
6.

of Rescission
parental authority of biological parent or legal custody of DSWD will be restored
reciprocal rights of adopter & adoptee will be extinguished
succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission
vested rights prior to the judicial rescission shall be respected
Civil Registrar will cancel the amended certificate of birth of the adoptee & restore his/her original birth certificate
adoptee will use the name stated in his original birth certificate or foundling certificate

Note: Rescission relates only as to the date of the judgement. Hence, vested rights prior to rescission should be respected.
INTER-COUNTRY ADOPTION OF 1995
It is the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed,
the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines

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