(Republic Act No.

8369)

PART I

(RULES 92 TO 97)

GUARDIANSHIP

Under the 1964 Revised Rules of Court, the Rules on Guardianship of a minor and incompetent both as to their
person and property were governed by Rules 92 to 97.

Republic Act No. 8369, otherwise known as the Family Courts Act of 1997 vested the Family Courts with exclusive
original jurisdiction on Guardianship of Minors.

The Supreme Court promulgated a separate RULE ON GUARDIANSHIP OF MINORS retaining in the meantime Rules
92 to 97 to be applied only to Guardianship of an Incompetent other than a minor which fall under the jurisdiction
of the regular courts.

Rule on Guardianship of Minors as promulgated by the Supreme Court pursuant to the Family Courts Act of 1997,
Rule on Guardianship of incompetents under the same Rules 92 to 97.

Republic Act No. 8369 otherwise known as the "Family Courts Act of 1997" which provided for the establishment
of Family Courts, vested exclusive original jurisdiction in the said Courts over the following cases, namely:

a) Criminal case where one or more of the accused is below eighteen (18) years of age but not less than
nine (9) years of age, or where one or more of the victims is a minor at the time of the commission of the offense:
Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability
which the accused may have incurred. The sentence, however, shall be suspended without need of application
pursuant to Presidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code."

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital
status and property relations of husband and wife or those living together under different status and agreements,
and petitions for dissolution of conjugal partnership of gains;

e) Actions for support and acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise as
the "Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions
for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental
authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56 (series of 1986),
and other related laws;

h) Petitions for the constitution of family home;

i) Cases against minors cognizable under the Dangerous Drugs Acts, as amended;

j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and

k) Cases of domestic violence against:

 1) Women — acts which violates a woman's personhood, integrity and freedom of movement;
2) Children — which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

GENERAL GUARDIAN AND GUARDIANSHIP

GENERAL PRINCIPLES
Guardianship is 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 his age or other infirmity renders him unable to protect himself.

- the relation subsisting between the guardian and the ward

- involves the taking of possession of and management of, the estate of another unable to act for himself.

A guardian is a person in whom the law has entrusted the custody and control of the person or estate or both of an infant,
insane or other person incapable of managing his own affairs.

- a person lawfully invested with power and charged with the duty of taking care of a person who for some peculiarity
or status or defect of age, understanding or self-control is considered incapable of administering his own affairs.

A guardian is a trust relation of the most sacred character, in which one person, called a "guardian" acts for another called
the "ward" whom the law regards as incapable of managing his own affairs.

- designed to further the ward's well-being not that of the guardian.

Where minors are involved, the State acts a parens patriae.

- It is the duty of protecting the rights of persons or individuals who because of age or incapacity are in an unfavorable
position vis-a-vis other parties.
- Parens patriae is inherent in the supreme power of the state, whether that power is lodged in a royal person or in the legislature and
has no affinity to those arbitrary powers which are sometimes exerted by irresponsible monarchs to the great detriment of the
people. On the contrary, it is a most beneficent function and often necessary to be exercised in the interest of humanity and for the
prevention of injury to those who cannot protect themselves

Jurisdiction to enter judgment against an adjudged physically and mentally incompetent to manage her affair does not exist where no
guardian was appointed upon whom summons and notice of the proceedings might be served.

The purpose of statutes referring to guardianship is to safeguard the right and interests of minors and incompetent persons , and the court
should be vigilant to see that the right of such persons are properly protected.

- The proper and legitimate purpose of the appointment of a guardian in respect of a minor, is to care for the person or the property
of the minor.
- Separate or same guardians may be appointed for the minor and estate.

Kinds of Guardians

1. Guardian of the person - lawfully invested with the care of the person of a minor whose father is dead. His authority is
derived out of that of the parent.
2. Guardian of the property —appointed by the court to have the management of the estate of a minor or incompetent.
3. General Guardians — Those appointed by the court to have the care and custody of the person and of all the property
of the ward.

According to Constitution

1. Legal — Those deemed as guardians without the need of a court appointment.

2. Guardian ad litem — Those appointed by courts of justice to prosecute or defend a minor, insane or person declared to
be incompetent, in an action in court.
3. Judicial — Guardians who are appointed by the court in pursuance to law, as guardian for insane persons, prodigals,
minor heirs or deceased war veterans and other incompetent persons.

Under B.P. Big. 129, Regional Trial Courts have jurisdiction over actions and special proceedings falling within the exclusive
original jurisdiction of the Juvenile and Domestic Relations Court.
Republic Act No. 8369, otherwise known as the Family Courts Act of 1997 vested the Family Courts with exclusive original
jurisdiction on Guardianship of Minors.

PART II

THE LAW AND RULE ON GUARDIANSHIP OF MINORS

Rules 92 to 97 of the Rules of Court governed the Rule on Guardianship of the person or estate of a "minor" or "incompetent."

- Minors are those below eighteen (18) years old

- "incompetent" includes
1. persons suffering under the penalty of civil interdiction or who are hospitalized lepers,
2. prodigals,
3. deaf and dumb who are unable to read and write,
4. those who are of unsound mind, even though they have lucid intervals, and
5. 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 thereby an easy prey for deceit and
exploitation.

The father and in a proper case the mother, shall lose authority over their children:

1. When final judgment in a criminal case the penalty of deprivation of said authority is imposed upon him or her;
2. When by a final judgment in legal separation proceedings such loss of authority is declared.

Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially
declared, and also by civil interdiction.

Rule on Guardianship of Minors

[A.M. No. 03-02-05-SC]
- apply to petitions for guardianship over the person or property, or both, of a minor.
- suppletory to the provisions of the Family Code on guardianship.

SEC. 2. Who may petition for appointment of guardian. —

- On grounds authorized by law, any relative or other person on behalf of a minor, or the minor
himself if fourteen years of age or over, may petition the Family Court for the appointment of a
general guardian over the person or property, or both, of such minor. The petition may also be filed
by the Secretary of Social Welfare and Development and by the Secretary of Health in the case
of an insane minor who needs to be hospitalized.

SEC. 3. Where to file petition. —

- may be filed in the Family Court of the province or city where the minor actually resides.
- If he resides in a foreign country, the petition shall be filed with the Family Court of the province or
city where his property or any part thereof is situated.

SEC. 4. Grounds of petition. —

- grounds for the appointment of a guardian over the person or property, or both, of a minor are the
following:
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental authority;
(c) remarriage of his surviving parent, if the latter is found unsuitable to exercise parental
authority; or
(d) when the best interests of the minor so require.
SEC. 5. Qualifications of guardians. — consider the guardian's
(a) moral character;
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor;
(e) availability to exercise the powers and duties of a guardian
for the full period of the guardianship;
(f) lack of conflict of interest with the minor; and
(g) ability to manage the property of the minor.

SEC. 6. 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 order of preference:
(a) the surviving grandparent and in case several grandparents survive, the court shall
select any of them taking into account all relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or
disqualified;
(c) the actual custodian of the minor over twenty-one years of age, unless unfit or
disqualified; and
(d) any other person, who in the sound discretion of the court, would serve the best interests
of the minor.

SEC. 7. Contents of petition. —

(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward;
(c) The ground rendering the appointment necessary or convenient;
(d) The death of the parents of the minor or the termination, deprivation or suspension of
their parental authority;
(e) The remarriage of the minor's surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and
of persons having him in their careand custody;
(g) The probable value, character and location of the property of the minor; and
(h) The name, age and residence of the person for whom letters of guardianship are prayed.
The petition shall be verified and accompanied by a certification against forum shopping. However, no
defect in the petition or verification shall render void the issuance of letters of guardianship.

SEC. 8. Time and notice of hearing. —

- The court shall fix a time and place for its hearing, and shall cause reasonable notice to be given
to the persons mentioned in the petition, including the minor if he is fourteen years of age or over,
and may direct other general or special notice to be given.

SEC. 9. Case study report. —

- The court shall order a social worker to conduct a case study of the minor and all the
prospective guardians and submit his report and recommendation to the court for its guidance
before the scheduled hearing. The social worker may intervene on behalf of the minor if he finds
that the petition for guardianship should be denied.

SEC. 10. Opposition to petition. —

- Any interested person may contest the petition by filing a written opposition based on such
grounds as the majority of the minor or the unsuitability of the person for whom letters are prayed,
and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable
person named in the opposition.

SEC. 11. Hearing and order for letters to issue. —

- At the hearing of the petition, it must be shown that the requirement of notice has been complied
with. The prospective ward shall be presented to the court. The court shall hear the evidence of
 the parties in support of their respective allegations. If warranted, the court shall appoint a suitable
guardian of the person or property, or both, of the minor.
- At the discretion of the court, the hearing on guardianship may be closed to the public and the
records of the case shall not be released without its approval.

SEC. 12. When and how a guardian of the property for nonresident minor is appointed; notice. —
- When the minor resides outside the Philippines but has property in the Philippines, any relative
or friend of such minor, or any one interested in his property, in expectancy or otherwise, may
petition the Family Court for the appointment of a guardian over the property.
- Notice of hearing of the petition shall be given to the minor by publication or any other means
as the court may deem proper. The court may dispense with the presence of the non-resident
minor.
- If after hearing the court is satisfied that such non-resident is a minor and a guardian is
necessary or convenient, it may appoint a guardian over his property.

SEC. 13. Service of final and executory judgment or order. —

- The final and executory judgment or order shall be served upon the Local Civil Registrar of the
municipality or city where the minor resides and the Register of Deeds of the place where his
property or part thereof is situated shall annotate the same in the corresponding title, and
report to the court his compliance within fifteen days from receipt of the order.

SEC. 14. Bond of guardian; amount; conditions. —

- Before he enters upon the execution of his trust, or letters of guardianship issue, an appointed
guardian may be required to post a bond in such sum as the court shall determine and
conditioned as follows:
(a) To make and return to the court, within three months
after the issuance of his letters of guardianship, a true and complete
inventory of all the property, real and personal, of his ward which
shall come to his possession or knowledge or to the possession or
knowledge of any other person in his behalf;
(b) To faithfully execute the duties of his trust, to manage
and dispose of the property according to this rule for the best interests
of the ward, and to provide for his proper care, custody and
education;
(c) To render a true and just account of all the property of the
ward in his hands, and of all proceeds or interest derived therefrom,
and of the management and disposition of the same, at the time
designated by this rule and such other times as the court directs;
and at the expiration of his trust, to settle his accounts with the
court and deliver and pay over all the property, effects, and monies
remaining in his hands, or due from him on such settlement, to the
person lawfully entitled thereto; and
(d) To perform all orders of the court and such other duties as
may be required by law.

SEC. 15. Where to file the bond; action thereon. —

- The bond posted by a guardian shall be filed in the Family Court and, in case of breach of any of
its conditions, the guardian may be prosecuted in the same proceeding for the benefit of the ward or
of any other person legally interested in the property.
- Whenever necessary, the court may require the guardian to post a new bond and may discharge from
further liability the sureties on the old bond after due notice to interested persons, if no injury may
result therefrom to those interested in the property.

SEC. 16. Bond of parents as guardians of property of minor. —

- If the market value of the property or the annual income of the child exceeds P50,000.00, the parent
concerned shall furnish a bond in such amount as the court may determine, but in no case less than
- ten per centum of the value of such property or annual income, to guarantee the performance of the
obligations prescribed for general
- guardians.
- A verified petition for approval of the bond shall be filed in the
- Family Court of the place where the child resides or, if the child
- resides in a foreign country, in the Family Court of the place where
- the property or any part thereof is situated.
- The petition shall be docketed as a summary special proceeding
- in which all incidents and issues regarding the performance of
- the obligations of a general guardian shall be heard and resolved.