RULE 92

GUARDIANSHIP

Guardianship – 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 age or
other infirmity which renders him unable to protect himself.

Guardian –

Ward –

Nature of Guardianship
- A Trust Relation of the most sacred character
Basis
- Parens Patriae – the duty of the state in protecting the rights of persons who, because
of age or incapacity, are in an unfavorable position vis-a-vis other parties

Venue
1. If the minor or incompetent person is residing in the Philippines – the place of residence
of the minor or incompetent;
2. If outside the Philippines – the place where the property is situated

Exclusive and Original Jurisdiction

- RTC / Family Court

Guardianship of Minors is now governed by the Rule on Guardianship of Minors (AM No. 03-02-
05-SC) which took effect on May 1, 2003

Guardianship of Incompetents are still governed by the provision of the Rules of Court on
guardianship (Rule 92 to 97)

Kinds of Guardians
A. According to Scope
a. General
b. Limited
B. According to Constitution
a. Legal Guardian – without the necessity of appointment by court
b. Guardian ad Litem – court appointed, to prosecute or defend a minor, insane or
incompetent in a court action
c. Judicial – court appointed in pursuance to law

Persons Considered as Incompetent

1. Persons suffering under the penalty of civil interdiction
2. Hospitalized lepers
 3. Prodigals
4. Deaf and dumb who are unable to read and write
5. Persons of unsound mind even though they have lucid intervals
6. 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 and manage their
property

RULE 93 APPOINTMENT OF GUARDIANS

Who may Petition for Appointment of Guardian

Minor Incompetent
1. Any relative; 1. Any relative
2. Friend; 2. Friend;
3. Other person on behalf of a minor 3. Other person on behalf of the
4. The minor himself if 14 years of age incompetent who has no parents or
or over; or lawful guardian;
5. The Secretary of Social Welfare and 4. The Director of Health in favor of the
Development and by the Secretary of insane person who should be
Health in case of an insane person hospitalized or in favor of an isolated
who needs to be hospitalized leper

The petition shall be verified and accompanied by a certification against forum shopping.
However, no effect in the petition of verification shall render void the issuance of letters of
guardianship.

Notice of Application and Hearing To Whom Given

1. Persons mentioned in the petition residing in the Philippines; and
2. The minor himself if he is 14 years old or over and the incompetent himself

Ancillary Guardianship – the guardianship in a state other than that in which guardianship is
originally granted and which is subservient and subsidiary to the latter

Guardian Appointed for Non-Residents

- When a non-resident has property situated in the Philippines, any relative, friend, or
anyone interested in the estate of the non0resident may file a petition for the
appointment of a guardian

Grounds for Contesting Petition

1. Majority of the alleged minor
2. Competency of the alleged incompetent
3. Unsuitability of the person for whom letters are prayed

Modifications of Sec. 7 of Rul2 93 (Parents as Guardians) By Article 225 of the Family Code
 1. The property of the child should now be worth P50,000 or less
2. Both the father and the mother shall exercise legal guardianship over the property of
their unemancipated common child
3. When the market value of the property or the annual income of the child exceeds
P50,000, the parent concerned shall be required to furnish a bond in such amount as
the court may determine, but not less than 10% of the value of the property or annual
income

The appointment of a guardian is good until set aside and, despite an appeal therefrom, the
guardian can do whatever is necessary under the direction of the court, for the protection of the
ward or his property.

RULE 94 BONDS OF GUARDIANS

Guardians should furnish a bond before entering upon the execution of his trust or before his
letters of guardianship issues

Purpose : to the end that the minor be assured of honest administration of his funds during his
minority

The ordinary and usual condition of a guardian’s bond is that he will faithfully discharge his
duties as such

Conditions in the Filing of Bond

1. To make and return to the court, within 3 months, a true and complete inventory of all
the estate
2. To faithfully execute the duties of his trust
3. To render a true and just account of all the estate of the ward in his hands and of all
proceeds or interest derived therefrom
4. To perform all orders of the court

RULE 95
SELLING AND ENCUMBERING PROPERTY OF THE WARD

When Guardian May Petition To Sell or Encumber the Property of the Ward with Leave of Court
1. When the income of an estate under guardianship is insufficient to maintain the ward
and his family
2. When the income is insufficient to maintain and educate the ward when minor
3. When it appears that it is for the benefit of the ward
(his real estate or some part thereof may be sold or mortgaged or otherwise encumbered, and
the proceeds thereof put out an interest, or invested in some productive security)
The order empowering the guardian to sell the property belonging to the ward shall not be
effective for more than 1 year after it has been granted.

In the case of mortgages and other encumbrances, the one-year period does not apply.

Appeal, not certiorari or mandamus, is the proper remedy against an order of a court a quo
authorizing the sale of the property.

Singco vs Longa, 51 Phil 507

- In the absence of any special authority to sell conferred by will, statute or order of a
court, a sale of the ward’s realty by the guardian without authority from the court is
VOID.

Glenda Uy vs CA, GR No. 109557

- A spouse who desires to sell real property as such administrator of the conjugal
property must observe the proper procedure for the sale of the ward’s estate required
under Rule 95, NOT the summary judicial proceedings under Article 124 of the Family
Code

RULE 96
GENERAL POWERS AND DUTIES OF GUARDIANS

1. Care and custody of the person of the ward and the management of the ward’s estate
2. Settle all accounts of his ward
3. Demand, sue for, and receive all debts due to the ward
4. Compound the debts and give discharge to the debtor, on receiving a fair and just
dividend of the estate and effects, with the approval of the court
5. Represent his ward in all actions and special proceedings unless another person be
appointed for the purpose
6. May join in partition proceedings
7. Render an inventory of the estate of his ward within 3 months after his appointment
and annually after such appointment, an inventory and account

Order of Priority in Paying Ward’s Debts

1. Out of ward’s personal estate
2. Out of the income of the ward’s real estate
3. Out of the ward’s real estate upon obtaining an order for the sale or encumbrance
thereof

Requirements before a Guardian may be authorized to join un partition

1. May be granted only after hearing the petition for the grant of such authority
2. Relatives of the ward are duly notified of such petition for partition
 3. Authorization may be granted only after a careful investigation as to the necessity and
propriety of the proposed action

After rendering an account, the guardian, other than a parent, shall be allowed the amount of
reasonable expenses incurred in the execution of his trust

The guardian is entitled to compensation for his services, as the court deems just, not exceeding
15% of the net income of the ward

RULE 97 TERMINATION OF GUARDIANSHIP

Grounds for Termination

Minor Incompetent
1. The ward has come of age; or 1. Competency of the ward has been
2. The ward has died judicially determined; or
2. Guardianship is no longer necessary

Rule 97, Sec. 3 is inoperative because there is no such things as emancipation by marriage or
voluntary emancipation by reason of the lowering of the age of majority to 18 (RA 6809)

Rule 97, Sec. 4 is also inoperative by reason of the removal of the Municipal Court’s jurisdiction
over Guardianship Proceedings under BP 129, as amended

Crisostomo vs Eudencia, 66 Phil 1

- The court which appointed the guardian is also the court competent to decide the
petition for restoration of capacity which is merely a continuation of the original
guardianship proceeding

Grounds for Removal of Guardian

1. When the guardian becomes insane
2. Incapable of discharging his trust
3. Has wasted the estate
4. Has mismanaged the estate
5. Has failed for 30 days after it is due, to render an account or make a return

SPECIFIC RULES ON THE GUARDIANSHIP OF MINORS

AM No. 03-02-05-SC

A. Grounds for Petition (Sec. 4)

1. Death, continued absence or incapacity of his parents
2. Suspension, deprivation or termination of parental authority
 3. Remarriage of his surviving parent, if the latter is found unsuitable to exercise
parental authority
4. When the best interest of the minor so requires

B. Qualifications of Guardians
1. Moral character
2. Physical, mental and psychological condition
3. Financial status
4. Relationship of trust with the minor
5. Availability to exercise the powers and duties of a guardian for the full period of
guardianship
6. Lack of conflict of interest with the minor
7. Ability to manage the property of the minor

Who may be appointed Guardian of the Person or Property, or both, of a Minor

In default of parents or a court – appointed guardian, the court may appoint the following,
observing as far as practicable, the order of preference:

1. The surviving grandparent and in case several grandparents survived, the court shall
select any of them taking into account relevant considerations
2. The oldest brother or sister of the minor over 21 years of age, unless unfit or
disqualified
3. The actual custodian of the minor over 21 years of age, unless unfit or disqualified
4. Any other person who in the sound discretion of the court would serve the best interest
of the minor