GUARDIANSHIP
1. Who may file a petition for the appointment of
RULE 92 - VENUE
Note: 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. While guardianship of incompetents
who are not minors is still governed by the provisions of the
Rules of Court on Guardianship. (Rule 92- 97)
1. Where do you institute proceedings for
guardianship?
a. RTC or MTC, depends on the value of their
property, where the minor or incompetent person
resides.
b. If residing in a foreign country, in the court of
the province where his property or part thereof
is situated (sec. 1)
2. Where shall the proceeding be instituted in the
2.
City of Manila?
Juvenile and Domestic Relations Court (sec. 1)
3. What is the meaning of the word incompetent?
a. persons suffering the penalty of civil interdiction
b. hospitalized lepers
c. prodigals
d. deaf and dumb who are unable to read and write
e. those who are of unsound mind, even though they
have lucid intervals
f. persons not being of unsound mind, but by reason
of age, disease, weak mind, and other similar
causes, cannot take care of themselves and
manage their property, thereby becoming an easy
prey for deceit and exploitation. (sec. 2)
4. May the venue be transferred in this proceeding?
3.
Yes. The court taking cognizance of a guardianship
proceeding, may transfer the same to the court of
another province or municipality wherein the ward has
acquired real property, if he has transferred thereto
his bona-fide residence, and the latter court shall
have full jurisdiction to continue the proceedings,
without requiring payment of additional court fees.
RULE 93 - APPOINTMENT OF GUARDIANS
guardian for resident?
a. Relative
b. Friend
c. other person on behalf of a resident minor or
incompetent who has no parent or lawful guardian
d. minor himself if fourteen years of age or over
(sec. 1)
Note:
a. An officer of the Federal Administration of the
United States in the Philippines may also file a
petition in favor of a ward thereof
b. Director of Health may also file a petition in
favor of an insane person who should be
hospitalized, or in favor of an isolated leper. (se
.1)
What is the content of the petition for the
appointment of guardian?
a. jurisdictional facts
b. minority or incompetency rendering the
appointment necessary or convenient
c. names, ages, and residences of the relatives of
the minor or incompetent, and of the persons
having him in their care
d. probable value and character of his estate
e. name of the person for whom letters of
guardianship are prayed. (sec .2)
Note: Petition shall be verified; but no defect in the
petition or verification shall render void the issuance
of letters of guardianship
What will the court do after a petition for the
appointment of guardian is filed?
The court shall fix a time and place for hearing,
and shall cause reasonable notice thereof to be
given to the persons mentioned in the petition
residing in the province, including the minor if
above 14 years of age or the incompetent
himself, and may direct other general or special
notice thereof to be given. (sec. 3)
 4. What are the grounds by which the petition for
guardianship be contested by any interested
person?
a. majority of the alleged minor
b. competency of the alleged incompetent
c. unsuitability of the person for whom letters are
prayed
d. may pray that the letters of guardianship be
issued to the oppositor himself, or to any suitable
person named in the opposition. (sec. 4)
5. What will happen to the hearing?
The court shall hear the evidence of the parties in
support of their respective allegations; if the person
in question is a minor, or incompetent it shall appoint a
suitable guardian of his person or estate, or both.
(sec. 5)
Note: When the property of the child under parental
authority is worth two thousand pesos or less, the
father or the mother, without the necessity of court
appointment, shall be his legal guardian.
Note: When the property of the child is worth more
than two thousand pesos, the father or the mother
shall be considered guardian of the child's property,
with the duties and obligations of guardians under
these rules, and shall file the petition required by
section 2 thereof. For good reasons the court may,
however, appoint another suitable person. (sec. 7)
Note: Final orders or judgments under this rule shall
be served upon the civil registrar of the municipality
or city where the minor or incompetent person
resides or where his property or part thereof is
situated. (sec. 8)
6. How is the guardian for nonresident be appointed?
RULE 95 SELLING AND ENCUMBERING PROPERTY OF
WARD
A guardian is appointed by filing a petition for
guardianship to the estate of the nonresident, by any
relative, friend, or anyone interested in the estate. If
the court is satisfied that such nonresident is a minor
or incompetent rendering a guardian necessary or
convenient, it may appoint a guardian for such estate.
(sec. 6)
RULE 94 BONDS OF GUARDIANS
1. Before a guardian enters upon the execution of his
trust, or letters of guardianship be issued upon
him, he shall give a bond. What are the conditions
of the bond?
a. make and return a true and complete inventory of
all the estate of his ward within 3 months which
shall come to his possession or knowledge
b. faithfully execute the duties of his trust, manage
and dispose of the estate according to these
rules for the best interests of the ward, and
provide for the proper care, custody, and
education of the ward
c. render a true and just account of all the estate
of the ward in his hands at the time designated
by these rules; and at the expiration of his trust
to settle his accounts with the court and deliver
and pay over all the estate, effects, and moneys
remaining in his hands, or due from him on such
settlement, to the person lawfully entitled
thereto,
d. To perform all orders of the court by him to be
performed. (sec .1)
Note: Whenever it is deemed necessary, the court
may require a new bond to be given by the guardian,
and may discharge the sureties on the old bond from
further liability, when no injury can result therefrom
to those interested in the estate. (sec. 2)
Note: Every bond given by a guardian shall be filed in
the office of the clerk of the court, and, in case of
the breach of a condition thereof, may be prosecuted
in the same proceeding or in a separate action for the
use and benefit of the ward or of any other person
legally interested in the estate. (sec .3)
1. Can the guardian sell, mortgage, or encumber the
property of the ward?
Yes. It may be done by the guardian by presenting a
verified petition to the court praying that an order
issue authorizing the sale or encumbrance of the
property, on the grounds that:
a. The income of an estate under guardianship is
insufficient to maintain the ward and his family,
or to maintain and educate the ward
 b. It appears that it is for the benefit of the ward
that his real estate or some part thereof be sold, Note: The court may authorize and require the
or mortgaged or otherwise encumbered, and the guardian to invest the proceeds of sales or
proceeds thereof put out at interest, or invested encumbrances, and any other of his ward's money in
in some productive security (sec. 1) his hands, in real estate or otherwise, as shall be for
the best interest of all concerned, and may make such
other orders for the management, investment, and
Note: If it seems probable that such sale or disposition of the estate and effects, as
encumbrance is necessary, or would be beneficial to circumstances may require. (sec. 5)
the ward, the court shall make an order directing the
next of kin of the ward, and all persons interested in
the estate, to appear at a reasonable time and place
therein specified to show cause why the prayer of
RULE 96 GENERAL POWERS AND DUTIES OF
the petition should not be granted. (sec. 2)
GUARDIANS

Note: At the time and place designated in the order

1. What are the general powers and duties of
to show cause, the court shall hear the proofs and
guardians?
allegations of the petitioner and next of kin, and
other persons interested, together with their
a. care and custody of the person of his ward, and
witnesses, and grant or refuse the prayer of the
the management of his estate, or the
petition as the best interests of the ward require.
management of the estate only, as the case may
The court shall make such order as to costs of the
be. (sec. 1)
hearing as may be just. (sec. 3)
b. The guardian of the estate of a nonresident shall
have the management of all the estate of the
Note: If, after full examination, it appears that it is
ward within the Philippines. (sec. 1)
necessary, or would be beneficial to the ward, to sell
c. pay the ward's just debts out of his personal
or encumber the estate, or some portion of it, the
estate and the income of his real estate, if
court shall order such sale or encumbrance and that
sufficient; if not, then out of his real estate upon
the proceeds thereof be expended for the
obtaining an order for the sale or encumbrance
maintenance of the ward and his family, or the
thereof. (sec. 2)
education of the ward, if a minor, or for the putting
d. Guardian to settle accounts, collect debts, and
of the same out at interest, or the investment of the
appear in actions for ward. (sec. 3)
same as the circumstances may require. (sec. 4)
e. manage the estate of his ward frugally and
without waste, and apply the income and profits
2. What is the content of the order?
thereon, so far as may be necessary, to the
comfortable and suitable maintenance of the
The order shall specify the causes why the sale or
ward and his family. (sec. 4)
encumbrance is necessary or beneficial. (sec. 4)
f. Guardian may be authorized to join in partition
proceedings after hearing. (sec. 5)
Note: The court may direct that estate ordered sold
be disposed of at either public or private sale. The
original bond of the guardian shall stand as security
for the proper appropriation of the proceeds of the 2. What can the court do, when a person is suspected
sale, but the judge may, if deemed expedient, require of having embezzled or concealed the property
an additional bond as a condition for the granting of (money, goods, or interest, or a written
the order of sale. instrument) of ward?

3. How long is the order of sale of the court
effective?
It shall be effective for 1 year, after the order of
sale is granted. It shall not continue to be in force
more than one (1) year after granting the same,
without a sale being had. (sec. 4)
The court may cite the suspected person to appear
for examination touching such money, goods, interest,
or instrument, and make such orders as will secure
the estate against such embezzlement, concealment
or conveyance. (sec. 6)
3. A guardian must render to the court an inventory of
the estate of his ward within three (3) months after
 his appointment. And annually after such appointment
an inventory and account

Such inventories and accounts shall be sworn to by

the guardian.

All the estate of the ward described in the first

inventory shall be appraised. In the appraisement the
court may request the assistance of one or more of
the inheritance tax appraisers. (sec. 7)

4. What if after the inventory, another property of

the ward is discovered or succeeded by his estate,
what is the rule?

There must be an inventory and appraisement thereof

within three (3) months after such discovery,
succession, or acquisition. (sec. 7)

5. The guardian, other than a parent, shall be allowed

the amount of his reasonable expenses incurred in the
execution of his trust and also such compensation for
his services as the court deems just, not exceeding
fifteen per centum of the net income of the ward.
(sec. 8)

RULE 97 TERMINATION OF GUARDIANSHIP

1.