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Rules of Court
Guardianship
Rule 92 Guardianship
Rule 93 Appointment
of Guardians
Rule 94 Bonds
of Guardians
Rule 95 Selling
and Encumbering Property of Ward
Rule 96 General
Powers and Duties of Guardians
Rule 97 Termination
of Guardianship
Note: Please see A.M. No. 03-02-05-SC for the Supreme
Court rule on guardianship of minors which amended Rules 92 to 97. Guardianship of incompetents who are not minors continue to be under the
jurisdiction of the regular courts and governed by the Rules of
Court.
Rule 92 Guardianship
Venue
Sec. 1. Where to institute proceedings. - Guardianship
of the person or estate of a minor or incompetent may be instituted
in the Court of First Instance of the province, or in the justice
of the peace court of the municipality, or in the municipal court
of the chartered city where the minor or incompetent person resides,
and if he resides in a foreign country, in the Court of First Instance
of the province wherein his property or part thereof is situated;
provided, however, that where the value of the property of such
minor or incompetent exceeds the jurisdiction of the justice of
the peace or municipal court, the proceedings shall be instituted
in the Court of First Instance. In
the City of Manila, the proceedings shall be instituted in the Juvenile
and Domestic Relations Court.
Sec. 2. Meaning of word "incompetent." - Under
this rule, the word "incompetent" includes persons suffering
the penalty of civil interdiction or who are 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.
Sec. 3. Transfer of venue. - 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.
Back to top
Rule 93
Appointment of Guardians
Sec. 1. Who may petition for appointment of guardian for resident.
- 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.
An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof,
and the Director of Health, in favor of an insane person who should
be hospitalized, or in favor of an isolated leper.
Sec. 2. Contents of petition. - A petition for the appointment
of a general guardian must show, so far as known to the petitioner:
(a) The jurisdictional facts;
(b) The minority or incompetency rendering the appointment necessary or convenient;
(c) The names, ages, and residences
of the relatives of the minor or incompetent, and of the persons
having him in their care;
(d) The probable value and character
of his estate;
(e) The name of the person for
whom letters of guardianship are prayed.
The petition shall be verified;
but no defect in the petition or verification shall render void
the issuance of letters of guardianship.
Sec. 3. Court to set time for hearing; Notice thereof.
- When a petition for the appointment of a general guardian is filed,
the court shall fix a time and place for hearing the same, 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. 4. Opposition to petition. - Any interested person
may, by filing a written opposition, contest the petition on the
ground of majority of the alleged minor, competency of the alleged
incompetent, or the unsuitability of the person for whom letters
are prayed, and may pray that the petition be dismissed, or that
letters of guardianship issue to himself, or to any suitable person
named in the opposition.
Sec. 5. Hearing and order for letters to issue. - At the hearing of the petition
the alleged incompetent must be present if able to attend, and it
must be shown that the required notice has been given. Thereupon
the court shall hear the evidence of the parties in support of their
respective allegations, and, if the person in question is a minor,
or incompetent it shall appoint a suitable guardian of his person
or estate, or both, with the powers and duties hereinafter specified.
Sec. 6. When and how guardian for nonresident appointed; Notice. - When a person
liable to be put under guardianship resides without the Philippines
but has estate therein, any relative or friend of such person, or
any one interested in his estate, in expectancy or otherwise, may
petition a court having jurisdiction for the appointment of a guardian
for the estate, and if, after notice given to such person and in
such manner as the court deems proper, by publication or otherwise,
and hearing, 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. 7. Parents as guardians. - 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. 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. 8. Service of judgment. - 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.
Back to top
Rule 94 Bonds of
Guardians
Sec. 1. Bond to be given before issuance of letters; Amount;
Conditions. - Before a guardian appointed enters upon the
execution of his trust, or letters of guardianship issue, he shall
give a bond, in such sum as the court directs, conditioned as follows:
(a) To make and return to the
court, within three (3) months, a true and complete inventory
of all the estate, real and personal, of his ward which shall
come to his possession or knowledge or to the possession or knowledge
of any other person for him;
(b) To faithfully execute the
duties of his trust, to manage and dispose of the estate according
to these rules for the best interests of the ward, and to provide
for the proper care, custody, and education of the ward;
(c) 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, and of the management
and disposition of the same, at the time designated by these rules
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 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. 2. When new bond may be required and old sureties discharged. - 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, after due notice to interested persons,
when no injury can result therefrom to those interested in the estate.
Sec. 3. Bonds to be filed; Actions thereon. - 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.
Back to top
Rule 95 Selling and Encumbering
Property of Ward
Sec. 1. Petition of guardian for leave to sell or encumber estate.
- When the income of an estate under guardianship is insufficient
to maintain the ward and his family, or to maintain and educate
the ward when a minor, or when it appears that it is for the benefit
of the ward that his real estate or some part thereof be sold, or
mortgaged or otherwise encumbered, and the proceeds thereof put
out at interest, or invested in some productive security, or in
the improvement or security of other real estate of the ward, the
guardian may present a verified petition to the court by which he
was appointed setting forth such facts, and praying that an order
issue authorizing the sale or encumbrance.
Sec. 2. Order to show cause thereupon. - If it seems
probable that such sale or encumbrance is necessary, or would be
beneficial to 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 the petition should not be granted.
Sec. 3. Hearing on return of order; Costs. - At the time and place designated
in the order to show cause, the court shall hear the proofs and
allegations of the petitioner and next of kin, and other persons
interested, together with their witnesses, and grant or refuse the
prayer of the petition as the best interests of the ward require.
The court shall make such order as to costs of the hearing as may
be just.
Sec. 4. Contents of order for sale or encumbrance, and how long
effective; Bond. - If, after full examination, it appears
that it is necessary, or would be beneficial to the ward, to sell
or encumber the estate, or some portion of it, the court shall order
such sale or encumbrance and that the proceeds thereof be expended
for the maintenance of the ward and his family, or the education
of the ward, if a minor, or for the putting of the same out at interest,
or the investment of the same as the circumstances may require.
The order shall specify the causes why the sale or encumbrance is
necessary or beneficial, and may direct that estate ordered sold
be disposed of at either public or private sale, subject to such
conditions as to the time and manner of payment, and security where
a part of the payment is deferred, as in the discretion of the court
are deemed most beneficial to the ward. The original bond of the
guardian shall stand as security for the proper appropriation of
the proceeds of the sale, but the judge may, if deemed expedient,
require an additional bond as a condition for the granting of the
order of sale. No order of sale granted in pursuance of this section
shall continue in force more than one (1) year after granting the
same, without a sale being had.
Sec. 5. Court may order investment of proceeds and direct management of estate.
- The court may authorize and require the guardian to invest the
proceeds of sales or encumbrances, and any other of his ward's money
in 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 disposition of the estate and effects,
as circumstances may require.
Back to top
Rule 96 General
Powers and Duties of Guardians
Sec. 1. To what guardianship shall extend. - A guardian appointed shall have the
care and custody of the person of his ward, and the management of
his estate, or the management of the estate only, as the case may
be. The guardian of the estate of a nonresident shall have the management
of all the estate of the ward within the Philippines, and no court other than that in which such guardian
was appointed shall have jurisdiction over the guardianship.
Sec. 2. Guardian to pay debts of ward. - Every guardian
must pay the ward's just debts out of his personal estate and the
income of his real estate, if sufficient; if not, then out of his
real estate upon obtaining an order for the sale or encumbrance
thereof.
Sec. 3. Guardian to settle accounts, collect debts, and
appear in actions for ward. - A guardian must settle all accounts
of his ward, and demand, sue for, and receive all debts due him,
or may, with the approval of the court, compound for the same and
give discharges to the debtor, on receiving a fair and just dividend
of the estate and effects; and he shall appear for and represent
his ward in all actions and special proceedings, unless another
person be appointed for that purpose.
Sec. 4. Estate to be managed frugally, and proceeds applied
to maintenance of ward. - A guardian must manage the estate of his
ward frugally and without waste, and apply the income and profits
thereon, so far as may be necessary, to the comfortable and suitable
maintenance of the ward and his family, if there be any; and if
such income and profits be insufficient for that purpose, the guardian
may sell or encumber the real estate, upon being authorized by order
so to do, and apply so much of the proceeds as may be necessary
to such maintenance.
Sec. 5. Guardian may be authorized to join in partition proceedings after hearing.
- The court may authorize the guardian to join in an assent to a
partition of real or personal estate held by the ward jointly or
in common with others, but such authority shall only be granted
after hearing, upon such notice to relatives of the ward as the
court may direct, and a careful investigation as to the necessity
and propriety of the proposed action.
Sec. 6. Proceedings when person suspected of embezzling or concealing property
of ward. - Upon complaint of the guardian or ward, or of any person
having actual or prospective interest in the estate of the ward
as creditor, heir, or otherwise, that anyone is suspected of having
embezzled, concealed, or conveyed away any money, goods, or interest,
or a written instrument, belonging to the ward or his estate, 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. 7. Inventories and accounts of guardians, and appraisement
of estates. - 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, the
rendition of any of which may be compelled upon the application
of an interested person. 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. And whenever any property of the ward not included
in an inventory already rendered is discovered, or succeeded to,
or acquired by the ward, like proceedings shall be had for securing
an inventory and appraisement thereof within three (3) months after
such discovery, succession, or acquisition.
Sec. 8. When guardian's accounts presented for settlement.
- Expenses and compensation allowed. Upon the expiration of a year
from the time of his appointment, and as often thereafter as may
be required, a guardian must present his account to the court for
settlement and allowance. In the settlement of the account, 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.
Back to top
Rule 97 Termination
of Guardianship
Sec. 1. Petition that competency of ward be adjudged, and proceedings thereupon.
- A person who has been declared incompetent for
any reason, or his guardian, relative, or friend, may petition
the court to have his present competency judicially determined.
The petition shall be verified by oath, and shall state that such
person is then competent. Upon receiving the petition, the court
shall fix a time for hearing the questions raised thereby, and cause
reasonable notice thereof to be given to the guardian of the person,
so declared incompetent, and to the ward. On the trial, the guardian
or relatives of the ward, and, in the discretion of the court, any
other person, may contest the right to the relief demanded, and
witnesses may be called and examined by the parties or by the court
on its own motion. If it be found that the person is no longer incompetent,
his competency shall be adjudged and the guardianship shall cease.
Sec. 2. When guardian removed or allowed to resign; New
appointment. - When a guardian becomes insane or otherwise incapable
of discharging his trust or unsuitable therefor,
or has wasted or mismanaged the estate, of failed for thirty (30)
days after it is due to render an account or make a return, the
court may, upon reasonable notice to the guardian, remove him, and
compel him to surrender the estate of the ward to the person found
to be lawfully entitled thereto. A guardian may resign when it appears
proper to allow the same; and upon his resignation or removal the
court may appoint another in his place.
Sec. 3. Other termination of guardianship. - The marriage
or voluntary emancipation of a minor ward terminates the guardianship
of the person of the ward, and shall enable the minor to administer
his property as though he were of age, but he cannot borrow money
or alienate or encumber real property without the consent of his
father or mother, or guardian. He can sue and be sued in court only
with the assistance of his father, mother or guardian. The guardian
of any person may be discharged by the court when it appears, upon
the application of the ward or otherwise, that the guardianship
is no longer necessary.
Sec. 4. Record to be kept by the justice of the peace or municipal judge. - When
a justice of the peace or municipal court takes cognizance of the
proceedings in pursuance of the provisions of these rules, the record
of the proceedings shall be kept as in the court of first instance.
Sec. 5. Service of judgment. - 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.
Back to top |