Guardianship Proceedings (Guardianship of Incompetents/General Guardians)

I. Filing of Petition
 Venue
1. Incompetent is a resident- RTC of the locality where he resides.
2. Incompetent is a no-resident- RTC of the locality where his property/part
thereof is situated.
3. If he transfers residence- The case may be transferred without additional
costs to the RTC where he acquired his new residence.
 Contents of Petition (Sec.2, Rule 93)
1. Jurisdictional facts
2. Incompetency of the ward, rendering the appointment of a guardian necessary.
3. Names, ages, and residences of the ff:
4. Relatives
5. Persons having the incompetent in their care.
6. Value and character of the estate.
7. Name of the person for whom letters of guardianship are prayed.
 Petition must be verified.

II. Hearing on the Petition

 If the court finds the Petition to be sufficient in form and substance, it shall set a
hearing.
 Notice shall be given to the persons mentioned in the petition including the
incompetent.
 The court may also direct other general or special notice.
 The alleged incompetent, if able to attend, must be present.

III. If no Opposition to the Petition is filed

 The court may order the ex-parte presentation of evidence by petitioner.
 Letters of Guardianship may be issued to petitioner if the evidence is sufficient, upon
payment of required bond, the amount thereof is discretionary on the Court.
 Evidentiary standard in determining incompetency (Nilo Oropesa vs Cirilo
Oropesa G.R. No. 184528, April 25, 2012)
 Clear and positive evidence
 Observation by the Trial Judge coupled with evidence establishing the
person’s state of mental sanity.
 Conditions of bond before issuance of letters
1. To make and return to the court, within 3 months, a true and complete
inventory of all estate which shall come to his possession or kowledge.
2. To faithfully execute the duties of his trust.
3. To manage and dispose of the estate according to the rules and best
interests of the ward. And to provide proper care and custody of the ward.
4. To render a true and just account of all the estate of the ward and of all the
proceeds or interests derived therefrom, and of the management and
disposition of the same.
5. To settle his accounts with the court and deliver and pay over the estate,
 effects, and moneys remaining in his hands or due to him to the person
lawfully entitled thereto. At the expiration of his trust.
6. To perform all orders of the court by him to be performed.
 When new bond required
 When it is deemed by the court to be necessary.
 After due notice to interested persons and no injury can result.

IV. If the Court already rendered a Decision and issued the Letters of Guardianship, a
subsequent Opposition is filed
 Oppositioner will file a Motion For Leave to Intervene and a Motion For Leave to
File Opposition.
 The Court will set a hearing on the Motion.

V. If there is Opposition to the Petition

 Who may file Written Opposition- Any interested person.
 Grounds for Opposition
1. Competency of the alleged incompetent.
2. Unsuitability of the person whom letters are prayed.
 Reliefs that may be obtained by the Oppositioner.
1. Dismissal of the Petition.
2. Letters of Guardianship may be issued to himself.
3. Letters of Guardianship may be issued to another suitable person.
 If the court renders a Decision in favor of the Oppositioner:
 The Petitioner may file a Motion for Reconsideration on said decision.
 If denied, the petitioner shall file a Notice on Appeal within 15 days from the
date of notice of the final decision before the court which rendered the said
decision.
 Within 30 days from the date of notice of the final decision, the petitioner
shall file a Record on Appeal before the Appellate Court. (CA) (Rule 109)
 Appointment of a Guardian is appealable, it is not an interlocutory
order proscribed by the Rules to be appealable. (Espinosa vs De
Aquino, 103 Phil 195)
 Execution pending appeal
 The court in its sound discretion may grant an execution pending
appeal upon urgent and compelling reasons especially for the
protection of the ward and the appellate court will not interfere,
control, or inquire into the exercise of this discretion, unless there has
been abuse thereof (Feliciano Francisco vs CA and Pelagio Francisco,
G.R. No. L-57438, January 3, 1984).

VI. When a Guardian is appointed

 In determining the selection of a guardian, the court may consider the following:
1. Financial situation
2. Physical condition
3. Sound judgment
4. Prudence
 5. Trustworthiness
6. Morals
7. Good character and conduct
8. Present and past history of a prospective appointee
9. Probability of his, being able to exercise the powers and duties of a guardian
for the full period of the guardianship. (Francisco vs CA)
 Disqualification of guardians
1. Mental incapacity
2. Conviction of a crime
3. Moral delinquency
4. Physical disability
5. Incapability of discharging the trust
6. Wasted or mismanaged the estate
7. Failure to render and account or make a return 30 days after it is due to do so.
 Guardians for non-residents
 Any relative, friend, any person interested in his estate.
 Notice by publication shall be given to the ward.
 Hearing that such non-resident is an incompetent rendering a guardian
necessary or convenient.

VII. Sale and Encumbering Property of Ward

1. Petition of Guardian For Leave to Sell or Encumber Estate (Verified Petition)
 Grounds:
1. When the income of an estate under guardianship is insufficient to maintain
the ward and his family, or to maintain the ward.
2. When it appears for the benefit of the ward.
 Order to show cause why the prayer for the Petition should not be granted.
1. Next kin of ward
2. Other persons interested
 Hearing on the Show Cause Order
 The court shall hear the allegations of the petitioners and next of kin, and
other persons interested together with their witnesses.
 The court shall grant or deny the petition as the best interests of the ward
require.
 Order to sell or encumber the property of ward
 The order shall specify the causes why the sale or encumbrance is necessary
or beneficial.
 May direct the estate sold or disposed at either public or private sale.
 Sale/encumbrance- subject to conditions as to the time and manner of
payment, and security at the court’s discretion deemed beneficial to the ward.
 Original bond of the guardian shall stand as security but the court may require
additional bond as condition for the granting of the order of sale.
 1 year limitation of the order of sale.
2. Investment of proceeds and Direct Management of Estate
 The court may order this for the best interest of the ward.
VIII. Powers and Duties of Guardians (Secs 1-8, Rule 96)
 General powers and duties
1. Care and custody of ward
2. Management of the estate
 Special/Specific powers and duties
1. Pay debts of the ward
2. Settle accounts of the ward.
3. Demand or sue for
4. Receive debts
5. Compound (with approval of the court)
6. Give discharges (with approval of the court)
7. Appear for or represent the ward in all actions and special proceedings.
8. Manage the estate frugally and apply the profits thereon to the comfortable and
suitable maintenance of the ward and his family.
9. Sell or encumber the estate (with approval of court)
10. Authority to join in partition proceedings (if the ward is a co-owner of a
property). The authority shall only be granted upon hearing and order of court.
And after due notice to the relatives of the ward.
11. Render an inventory and account of the estate of his ward within 3 months
after his appointment and annually after such appointment.
 May be compelled to do so by any interested person if the guardian
fails to do so.
 Must be sworn by the guardian
 All estate in the first inventory shall be appraised.
 Property 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 3 months
after such discovery,succession, or acquisition.
12. Upon expiration of a year from his appointment, or as often as may be
required, he must present his account to the court for settlement and allowance.
 Amount of his reasonable expenses incurred in connection with his
trust.
 Compensation for his services (not exceeding 15% of the net income
of his ward.

IX. Termination of Guardianship

 Grounds for removal or resignation of guardians
1. Insanity
2. Otherwise incapable of discharging his trust
3. Unsuitability
4. Wasted or mismanaged the estate.
5. Failure to render an account or make a return.
6. Resignation when it appears proper to allow him to do so.
7. Competency of the ward (IN RE: Guardianship of Carmen Padilla VDA. De
Bengson, Carmen Padilla VDA. De Bengson vs Philippine National Bank et
al., G.R. No. L-17066, December 28, 1961)
8. Death of ward or guardian (Eduardo Abad vs Leonardo Biason and Gabriel
Magno, G.R. No. 191993, December 5, 2012)
9. The death of the ward or guardian necessarily terminates the Guardianship.
Thereafter, all powers and duties of the guardian ceases, except the duty to
make a proper accounting and settlement in court (Rev. Fr. Pascual Ypil vs
Hon. Bernardo Salas et al, G.R. Nos. L-49311-12, March 27,1979).
10. Conflict of interest (Ribaya vs Ribaya 74 Phil 254, Gabriel vs Sotelo, 74 Phil
25)