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This document outlines the process and requirements for guardianship in the Philippines. It discusses where guardianship petitions can be filed, the duties of guardians which include caring for the ward and managing their estate, and the grounds for opposing or terminating a guardianship. A guardian is responsible for the ward's custody, paying debts, bringing/defending suits, and selling or encumbering the ward's estate if needed to maintain them or benefit the estate.
This document outlines the process and requirements for guardianship in the Philippines. It discusses where guardianship petitions can be filed, the duties of guardians which include caring for the ward and managing their estate, and the grounds for opposing or terminating a guardianship. A guardian is responsible for the ward's custody, paying debts, bringing/defending suits, and selling or encumbering the ward's estate if needed to maintain them or benefit the estate.
This document outlines the process and requirements for guardianship in the Philippines. It discusses where guardianship petitions can be filed, the duties of guardians which include caring for the ward and managing their estate, and the grounds for opposing or terminating a guardianship. A guardian is responsible for the ward's custody, paying debts, bringing/defending suits, and selling or encumbering the ward's estate if needed to maintain them or benefit the estate.
VENUE OF PETITION: Grounds for Opposition: Duties of Guardians
MTC/MTCC/RTC where 1. Competency of the 1. custody of ward incompetent resides or incompetent. 2. payment of debts of where property is located 2. Unsuitability of the the ward if non-resident depending person for whom letters 3. bring and defend suits on value of property. are prayed. 4. sell or encumber estate
Filing of Notice to persons Hearing & Issuance
Declaration of mentioned in petition Petition for including minor if 14 Reception of Propriety of Letters of Guardianship yrs & above Evidence Petition Guardianship
WHO MAY FILE:
Any relative, friend or Condition of the Bond: other person on behalf of 1. Inventory w/in 3 months Bond of the incompetent. 2. Management & Disposal of the estate Guardian CONTENT OF PETITION 3. Accounting (Sec. 2, Rule 93) 4. Perform orders of the court
Grounds for Termination:
1. Competency of the ward 2. Guardianship no longer necessary. 3. Removal of guardian due to insanity, unsuitability, mismanagement or failure TERMINATION OF GUARDIANSHIP to comply with conditions.
Hearing & Termination
Filing of Verified Notice to the guardian of Petition to Terminate Order of Guardianship & the ward Guardianship Termination SELLING & ENCUMBERING PROPERTY OF WARD
Filing of Verified Notice to next of
Hearing & Order Petition for kin & all persons to Sell & Selling & interested in the Encumber Encumbering estate
Grounds for Selling:
1.Income is insufficient to maintain ward & family 2.For the benefit of the ward