SPEC PRO

What are the factors to consider when determining the incompetency of a person sought to be
declared incompetent?

Rule 92 Section 2. Meaning of word “incompetent.” — Under this rule, the word “incompetent”
includes persons:
 suffering the penalty of civil interdiction;
 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

In Oropesa v. Oropesa, to determine if a person is incompetent the Court considered whether or

not he can:
 run his personal affairs; and
 administer his properties.

When the incompetent is also a minor, is the appointment of a judicial guardian necessary?
As a general rule in cases where the incompetent is a minor, the rule on guardianship of minors
prevail. It provides that the parent is the legal guardian without the need of judicial appointment.
However, in cases where the incompetent minor does not have parents or any legal guardian, or
for the best interest of the child the parents are not appointed as legal guardian, the appointment
of a judicial guardian is necessary.

Rule 93 Section 1 provides that any relative, friend, or other person on behalf of a resident
minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen
years of age or over, may petition the court having jurisdiction for the appointment of a general
guardian for the person or estate, or both, of such minor or incompetent.

A judicial guardian is a competent person appointed by the court over the person and/or
properties of an incompetent ward to represent the latter in all of his civil acts and transactions
(Florenz D. Regalado, Remedial law Compendium Volume II, 10th Revised Edition, 2004).

Can juridical person be appointed guardian?

Yes, a juridical person in the trust business just like trust companies, trust corporations or trust
banks, may be appointed guardian of the estate.