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RULE 92.

VENUE be hospitalized or in favor of an


isolated leper.
SECTION 1. WHERE TO INSTITUTE
PROCEEDINGS
Minor Incom
Jurisdiction: 1. Any relative; or 1. Any
2. Other person on behalf of a minor; or 2. Frien
Resident: RTC of his residence 3. The minor himself if 14 years of age 3. Oth
Non-Resident: RTC of the place where or over; or residen
his property is located
parent
4. The Secretary of Social Welfare and 4. The
SECTION 2. MEANING OF THE Development and by insane
WORD INCOMPETENT hospita
leper;
Incompetent includes: 5. The Secretary of Health in case of an 5. Any
insane minor who needs to be non-re
1. Those suffering from penalty for hospitalized. (Sec.2 AM 03-02-05-SC)
civil interdiction;
2. Hospitalized lepers;
3. Prodigals; Note: The father and the mother shall
4. Deaf and dumb who are unable jointly exercise legal guardianship over
to read and write; the person and property of their minor
5. Those of unsound mind though child without the necessity of a court
they may have lucid intervals; appointment. In such case, this Rule
6. Persons not of unsound mind shall be suppletory to the provisions of
but by reason of age, disease, the Family Code on Guardianship.
weak mind and other similar
causes cannot, without outside SECTION 2. CONTENTS OF
aid, take care of themselves PETITION
and manage their property.
1. The jurisdictional facts;
2. The incompetency rendering
SECTION 3. TRANSFER OF VENUE the appointment necessary or
convenient;
RULE 93: APPOINTMENT OF 3. The names, ages, and
GUARDIANS residences of the relatives of
the incompetent, and of the
SECTION 1. WHO MAY PETITION persons having him in their
FOR APPOINTMENT OF GUARDIAN care;
FOR RESIDENT 4. The probable value and
character of his estate; and
1. Any relative; 5. The name of the person for
2. Friend; or whom letters of guardianship
3. Other person on behalf of the are prayed.
resident incompetent who has
no parents or lawful guardian; NOTE: The petition involving minors is
or required to be VERIFIED and
4. The Director of Health in favor accompanied by CERTIFICATION
of an insane person who should against FORUM SHOPPING while that
involving incompetent must be 6. The names,
VERIFIED only. However, no defect in ages and
the petition or verification shall render residences
void the issuance of letters of
of relative
guardianship.
within the
Minor Incompetents 4th civil
who are not degree of
minors minor, and
1. The 1. The of person
jurisdiction jurisdictional having him
al facts; facts; in their
2. The name, 2. The care and
age and incompetency custody;
residence rendering the 7. The
of the appointment probable
prospective necessary or value,
ward; convenient; character
3. The ground 3. The names, and
rendering ages, an location of
the residences of the the
appointmen relatives of the property of
t necessary incompetent, and the minor,
or of the persons and
convenient; having him in 8. The name,
their care; age and
4. The death 4. The probable residence
of the value and of the
parents of character of his person for
the minor estate; whom
or the letters of
termination guardianshi
, p are
deprivation prayed.
or
suspension
SECTION 3. COURT TO SET TIME
of their
FOR HEARING, NOTICE THEREOF
parental
authority; To Whom Notice Served:
5. The 5. The name of
remarriage the person for 1. Persons mentioned in the
of the whom letters of petition residing in the
minors guardianship are Philippines;
surviving prayed. 2. The incompetent.
parent;
Note: There is no requirement for
publication, only notice except in case Any relative, friend or anyone
of a nonresident incompetent. interested in the estate of a person
liable to be put under guardianship
However, service of notice upon the may file a petition for guardianship
persons mentioned in the petition, over the property of such person.
including the incompetent who is not a Notice shall be given through
minor, is mandatory and jurisdictional. publication or otherwise.

If the person is insane, service of Ancillary guardianship refers to the


notice upon the director of Hospital guardianship in a state other than that
where he is hospitalized is sufficient. in which guardianship is originally
granted.
SECTION 4. OPPOSITION TO
PETITION SECTION 7. PARENTS AS
GUARDIANS
Must be in writing; need not be
verified This provision may be deemed to have
been modified by the provisions of the
Grounds: Family Code on Guardianship.

1. Competency of alleged SECTION 8. SERVICE ON


incompetent; JUDGEMENT
2. Unsuitability of the person for
whom letters are prayed. Civil Registrar of the place where the
minor or incompetent resides or where
the property is situated shall be
SECTION 5. HEARING AND ORDER served with a copy of the judgment.
FOR LETTERS TO ISSUE

At the hearing:

1. The alleged incompetent must Prepared by: Krissie Anne


be present if able to attend; Guevara
2. It must be shown that the PROCEDURE FOR GUARDIANSHIP
required notice has been given.
Petition for the
SECTION 6. WHEN AND HOW Appointment of a Guardian
GUARDIAN FOR NON-RESIDENT
APPOINTED, NOTICE
Court order fixing the Hearing
of the Petition

Notice of the Hearing

Issuance of Letters
Hearing and of
Appointment of
Guardianship
the Guardian

Service of Judgment on the


Local Civil Registrar
Termination of Guardianship
Filing of Bond by the Guardian

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