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Lecture 1 Rule 92
Lecture 1 Rule 92
GUARDIANSHIP
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.
Rule 93
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.
Rule 94
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.
DISCUSSION:
Definition of a guardian a guardian is the one entrusted by law to
take care a minor, insane or other incompetent persons, either in
the disposition of their property or in the custody and care of those
persons.
(A person lawfully invested with the power, and charged with the o
bligation, of taking careof and managing the property and rights of
a person who, because of age, understanding,or self-control, is co
nsidered incapable of administering his or her own affairs.)
What rule will govern now? It depends. If it involves a minor it is
governed by AM -03-02-05. But if he is not a minor he will be
governed by the Rules of Court.
What is the jurisdiction? It depends. If he is a minor, the jurisdiction
is in the family court. If he is not a minor, Regular Courts and
governed by the rules of court.
Did you not take into account the jurisdiction of the family court on
that matter?
If minor Guardianship proceeding shall be filed in the Family
Court. But, if he is not a minor, he may be in the category of other
incompetents as provided for by our rules- governed by the rules
of court, and should be filed in the regular courts.
Who is a legal guardian? who is such by provision of law without
the need of judicial appointment, as in the case of the parents over
the persons of their minor children, or the father, or in his absence,
the mother, with respect to property of the minor children.
Guardian ad litem who may be any competent person appointed
by the court for purposes of a PARTICULAR ACTION or
PROCEEDING involving a minor.
Judicial guardian a competent person appointed by the court
over the person and/or property of the ward to represent the latter
in ALL his CIVIL ACTS and TRANSACTIONS. (one contemplated
in the rules)
With respect to the legal guardian- Under our rules, would it matter
that he would be a father or the mother? Under AM 03-02-05, it
provides that the father and the mother shall jointly exercise legal
guardianship. Vis--vis Art. 225 of the Family Code. In case of
disagreement, the decision of the father will prevail.
A legal guardian becomes a guardian of a minor WITHOUT need
of filing a petition for a guardianship proceedings. The father and
the mother automatically becomes the guardian of the minor child,
although in case of disagreement, it is the fathers decision which
will prevail. Because under the family code of the philipppines,
parental authority is jointly exercised by the parents. However, if
the amount of income or the property of the minor exceeds
P50,000, they should file a bond before the court. The amount of
the bond is fixed by the court but it should not be less than 10% of
the amount of the income or value of the property of the minor.
How do you go through with the bond? By filing a verified petition.
Verified petition shall be filed in the Court where the minor resides.
In case of a non-resident minor, the verified petition shall be filed in
the place where the property or any of his property is situated.
(venue tayo)
For purposes of complying with the bond, if the property or income
of the minor exceeds P50,000, file a verified petition and the
amount of the bond should not be less than 10% of the total
income or property of the minor pursuant to Art. 225 of the Family
code.
Who is a guradian ad litem? Guardian appointed by the court to
do a particular act.
Guardian in connection of the civil rights of a minor or incompetent
is called a JUDICIAL Guardian.
Legal Guardian vs Guardian ad litem vs judicial guardian
It is not automatic because the rule says - only upon notice. And
once the court is convinced that upon notice that indeed the
guardian mismanaged the property. What should the court order?
Require the guardian to surrender the estate of the ward.