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GENERAL GIUARDIANS and GUARDIANSHIP

RULE 92 VENUE
OUTLINE OF REPORT
DEFINITION
1. Guardianship is when a court orders someone other than the childs
parent to:
-

have custody of the child; or


manage the childs property (estate of the child);
both.

2. 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.
3. 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.
NATURE AND PURPOSE
-Francisco vs. CA 212 Phil 346 (1984)
1. A GUARDIANSHIP 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.
2. A GUARDIANSHIP is designed to further the wards well-being, not
that of the guardian.
3. It is intended to preserve the wards property, as well as to render
any assistance that the ward may personally require.
CUSTODY VS. GUARDIANSHIP
Custody involves immediate care and control while Guardianship
indicates not only those responsibilities but also those of one in loco
parentis as well. (in place of a parent)
RELATED LAWS

1.

1964 Revised Rules of Court Rule 92-97 governed the


rules on guardianship of minor and incompetent both as to
their person and property.
2.
RA 8369 the Family Courts Act of 1997, which vested the
Family Courts with exclusive original jurisdiction on
guardianship of minors.
3.
AM No. 03-02-05-SC Rule on guardianship of minors
4. PD 603 The Child and Welfare Act Code
Three kinds of guardians under the law:
1. LEGAL GUARDIAN one is such by provision of law without the
need of a court appointment. (The father and mother shall jointly
exercise legal guardianships over the person and the property of
their unemancipated common child without the need of a court
appointment. (S1 Rule on Guardianship of Minors)
2. GUARDIAN AD LITEM one who is appointed by the court for
purposes of particular action or proceeding involving a minor.
3. GENERAL GUARDIAN one who is appointed by the court over
the person and/or property of the ward to represent the latter in
all his civil acts and transactions.
RULE 92
VENUE
SECTION 1: Where to institute proceedings Guardianship 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.
SECTION 2: Meaning of the word incompetent Under the 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 with 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.
SECTION 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.