(Republic Act No.
8369) suspension, termination, or restoration of parental
PART I
(RULES 92 TO 97)
GUARDIANSHIP
Under the 1964 Revised Rules of Court, the Rules on
Guardianship of a minor and incompetent both as to their
person and property were governed by Rules 92 to 97.
Republic Act No. 8369, otherwise known as the Family
Courts Act of 1997 vested the Family Courts with exclusive
original jurisdiction on Guardianship of Minors.
The Supreme Court promulgated a separate RULE ON
GUARDIANSHIP OF MINORS retaining in the meantime
Rules 92 to 97 to be applied only to Guardianship of an
Incompetent other than a minor which fall under the
jurisdiction of the regular courts.
Rule on Guardianship of Minors as promulgated by the
Supreme Court pursuant to the Family Courts Act of 1997,
Rule on Guardianship of incompetents under the same
Rules 92 to 97.
Republic Act No. 8369 otherwise known as the "Family
Courts Act of 1997" which provided for the establishment
of Family Courts, vested exclusive original jurisdiction in
the said Courts over the following cases, namely:
a) Criminal case where one or more of the
accused is below eighteen (18) years of age but not less
than nine (9) years of age, or where one or more of the
victims is a minor at the time of the commission of the
offense: Provided, That if the minor is found guilty, the
court shall promulgate sentence and ascertain any civil
liability which the accused may have incurred. The
sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 603,
otherwise known as the "Child and Youth Welfare Code."
b) Petitions for guardianship, custody of children,
habeas corpus in relation to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage,
declaration of nullity of marriage and those relating to
marital status and property relations of husband and wife
or those living together under different status and
agreements, and petitions for dissolution of conjugal
partnership of gains;
e) Actions for support and acknowledgment;
f) Summary judicial proceedings brought under
the provisions of Executive Order No. 209, otherwise as
the "Family Code of the Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent or neglected children, petitions for
voluntary or involuntary commitment of children; the
authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56 (series of 1986),
and other related laws;
h) Petitions for the constitution of family home;
i) Cases against minors cognizable under the
Dangerous Drugs Acts, as amended;
j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children Against Child
Abuse, Exploitation and Discrimination Act," as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women — acts which violates a woman's personhood,
integrity and freedom of movement;
2) Children — which include the commission of all forms of
abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to
their development.
GENERAL GUARDIAN AND GUARDIANSHIP
GENERAL PRINCIPLES
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.
- the relation subsisting between the guardian and the
ward
- involves the taking of possession of and management of,
the estate of another unable to act for himself.
A 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.
- a person lawfully invested with power and charged
with the duty of taking care of a person who for some
peculiarity or status or defect of age, understanding or
self-control is considered incapable of administering
his own affairs.
A guardian 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.
- designed to further the ward's well-being not that of the
guardian.
Where minors are involved, the State acts a parens patriae.
- It is the duty of protecting the rights of persons or
individuals who because of age or incapacity are in an
unfavorable position vis-a-vis other parties.
- Parens patriae is inherent in the supreme power of the state,
whether that power is lodged in a royal person or in the
legislature and has no affinity to those arbitrary powers which
are sometimes exerted by irresponsible monarchs to the great
 detriment of the people. On the contrary, it is a most
beneficent function and often necessary to be exercised in the
interest of humanity and for the prevention of injury to those
who cannot protect themselves
Jurisdiction to enter judgment against an adjudged physically and
mentally incompetent to manage her affair does not exist where no
guardian was appointed upon whom summons and notice of the
proceedings might be served.
The purpose of statutes referring to guardianship is to safeguard the right
and interests of minors and incompetent persons, and the court should
be vigilant to see that the right of such persons are properly protected.
- The proper and legitimate purpose of the appointment of a
guardian in respect of a minor, is to care for the person or the
property of the minor.
- Separate or same guardians may be appointed for the minor
and estate.
Kinds of Guardians
1. Guardian of the person - lawfully invested with the care
of the person of a minor whose father is dead. His
authority is derived out of that of the parent.
2. Guardian of the property —appointed by the court to
have the management of the estate of a minor or
incompetent.
3. General Guardians — Those appointed by the court to
have the care and custody of the person and of all the
property of the ward.
According to Constitution
1. Legal — Those deemed as guardians without the need
of a court appointment.
2. Guardian ad litem — Those appointed by courts of
justice to prosecute or defend a minor, insane or person
declared to be incompetent, in an action in court.
3. Judicial — Guardians who are appointed by the court in
pursuance to law, as guardian for insane persons,
prodigals, minor heirs or deceased war veterans and
other incompetent persons.
Under B.P. Big. 129, Regional Trial Courts have jurisdiction over
actions and special proceedings falling within the exclusive
original jurisdiction of the Juvenile and Domestic Relations
Court.
Republic Act No. 8369, otherwise known as the Family Courts Act
of 1997 vested the Family Courts with exclusive original
jurisdiction on Guardianship of Minors.
PART II
THE LAW AND RULE ON GUARDIANSHIP OF MINORS
Rules 92 to 97 of the Rules of Court governed the Rule on
Guardianship of the person or estate of a "minor" or
"incompetent."
- Minors are those below eighteen (18) years old
- "incompetent" includes
1. persons suffering under the penalty of civil
interdiction or who are hospitalized lepers,
2. prodigals,
3. deaf and dumb who are unable to read and write,
4. those who are of unsound mind, even though they
have lucid intervals, and
5. 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 thereby an
easy prey for deceit and exploitation.
The father and in a proper case the mother, shall lose authority
over their children:
1. When final judgment in a criminal case the penalty of
deprivation of said authority is imposed upon him or
her;
2. When by a final judgment in legal separation
proceedings such loss of authority is declared.
Parental authority is suspended by the incapacity or absence of
the father, or in a proper case of the mother, judicially declared,
and also by civil interdiction.
Rule on Guardianship of Minors
[A.M. No. 03-02-05-SC]
- apply to petitions for guardianship over the person or property,
or both, of a minor.
- suppletory to the provisions of the Family Code on guardianship.
SEC. 2. Who may petition for appointment of guardian. —
- On grounds authorized by law, any relative or other
person on behalf of a minor, or the minor himself if
fourteen years of age or over, may petition the Family
Court for the appointment of a general guardian over
the person or property, or both, of such minor. The
petition may also be filed by the Secretary of Social
Welfare and Development and by the Secretary of
Health in the case of an insane minor who needs to be
hospitalized.
SEC. 3. Where to file petition. —
- may be filed in the Family Court of the province or city
where the minor actually resides.
- If he resides in a foreign country, the petition shall be
filed with the Family Court of the province or city where
his property or any part thereof is situated.
SEC. 4. Grounds of petition. —
- grounds for the appointment of a guardian over the
person or property, or both, of a minor are the
following:
(a) death, continued absence, or incapacity of
his parents;
(b) suspension, deprivation or termination of
parental authority;
(c) remarriage of his surviving parent, if the
latter is found unsuitable to exercise parental
authority; or
(d) when the best interests of the minor so
require.
SEC. 5. Qualifications of guardians. — consider the guardian's
(a) moral character;
(b) physical, mental and psychological
condition;
(c) financial status;
(d) relationship of trust with the minor;
 (e) availability to exercise the powers and
duties of a guardian
for the full period of the guardianship;
(f) lack of conflict of interest with the minor;
and
(g) ability to manage the property of the
minor.
SEC. 6. Who may be appointed guardian of the person or property,
or both, of a minor. —
In default of parents or a court-appointed guardian, the order of
preference:
(a) the surviving grandparent and in case
several grandparents survive, the court
shall select any of them taking into
account all relevant considerations;
(b) the oldest brother or sister of the minor
over twenty-one years of age, unless
unfit or disqualified;
(c) the actual custodian of the minor over
twenty-one years of age, unless unfit or
disqualified; and
(d) any other person, who in the sound
discretion of the court, would serve the
best interests of the minor.
SEC. 7. Contents of petition. —
(a) The jurisdictional facts;
(b) The name, age and residence of the
prospective ward;
(c) The ground rendering the appointment
necessary or convenient;
(d) The death of the parents of the minor or
the termination, deprivation or suspension of
their parental authority;
(e) The remarriage of the minor's surviving
parent;
(f) The names, ages, and residences of
relatives within the 4th civil degree of the
minor, and of persons having him in their
careand custody;
(g) The probable value, character and location
of the property of the minor; and
(h) The name, age and residence of the person
for whom letters of guardianship are prayed.
The petition shall be verified and accompanied by a certification
against forum shopping. However, no defect in the petition or
verification shall render void the issuance of letters of
guardianship.
SEC. 8. Time and notice of hearing. —
- The court shall fix a time and place for its hearing, and
shall cause reasonable notice to be given to the persons
mentioned in the petition, including the minor if he is
fourteen years of age or over, and may direct other
general or special notice to be given.
SEC. 9. Case study report. —
- The court shall order a social worker to conduct a case
study of the minor and all the prospective guardians
and submit his report and recommendation to the court
for its guidance before the scheduled hearing. The social
worker may intervene on behalf of the minor if he
finds that the petition for guardianship should be
denied.
SEC. 10. Opposition to petition. —
- Any interested person may contest the petition by
filing a written opposition based on such grounds as the
majority of the minor or the unsuitability of the person
for whom letters are prayed, and pray that the petition
be denied, or that letters of guardianship issue to
himself, or to any suitable person named in the
opposition.
SEC. 11. Hearing and order for letters to issue. —
- At the hearing of the petition, it must be shown that the
requirement of notice has been complied with. The
prospective ward shall be presented to the court. The
court shall hear the evidence of the parties in support
of their respective allegations. If warranted, the court
shall appoint a suitable guardian of the person or
property, or both, of the minor.
- At the discretion of the court, the hearing on
guardianship may be closed to the public and the
records of the case shall not be released without its
approval.
SEC. 12. When and how a guardian of the property for nonresident
minor is appointed; notice. —
- When the minor resides outside the Philippines but has
property in the Philippines, any relative or friend of
such minor, or anyone interested in his property, in
expectancy or otherwise, may petition the Family
Court for the appointment of a guardian over the
property.
- Notice of hearing of the petition shall be given to the
minor by publication or any other means as the court
may deem proper. The court may dispense with the
presence of the non-resident minor.
- If after hearing the court is satisfied that such non-
resident is a minor and a guardian is necessary or
convenient, it may appoint a guardian over his
property.
SEC. 13. Service of final and executory judgment or order. —
- The final and executory judgment or order shall be
served upon the Local Civil Registrar of the municipality
or city where the minor resides and the Register of
Deeds of the place where his property or part thereof
is situated shall annotate the same in the
corresponding title, and report to the court his
compliance within fifteen days from receipt of the order.
SEC. 14. Bond of guardian; amount; conditions. —
- Before he enters upon the execution of his trust, or
letters of guardianship issue, an appointed guardian
may be required to post a bond in such sum as the
court shall determine and conditioned as follows:
(a) To make and return to the court, within
three months after the issuance of his letters of
guardianship, a true and complete inventory of all the
property, real and personal, of his ward which shall
come to his possession or knowledge or to the
possession or knowledge of any other person in his
behalf;
(b) To faithfully execute the duties of his
trust, to manage and dispose of the property according
to this rule for the best interests of the ward, and to
provide for his proper care, custody and education;
(c) To render a true and just account of all the
property 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
this rule 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 property,
effects, and monies remaining in his hands, or due from
him on such settlement, to the person lawfully entitled
thereto; and
 (d) To perform all orders of the court and
such other duties as may be required by law.
SEC. 15. Where to file the bond; action thereon. —
- The bond posted by a guardian shall be filed in the
Family Court and, in case of breach of any of its
conditions, the guardian may be prosecuted in the same
proceeding for the benefit of the ward or of any other
person legally interested in the property.
- Whenever necessary, the court may require the
guardian to post a new bond and may discharge from
further liability the sureties on the old bond after due
notice to interested persons, if no injury may result
therefrom to those interested in the property.
SEC. 16. Bond of parents as guardians of property of minor. —
- furnish a bond in such amount as the court may
determine, but in no case less than ten per centum of
the value of such property or annual income, to
guarantee the performance of the obligations
prescribed for general guardians.
- A verified petition for approval of the bond shall be filed
in the Family Court of the place where the child resides
or, if the child resides in a foreign country, in the
Family Court of the place where the property or any
part thereof is situated.
- The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding
the performance of the obligations of a general guardian
shall be heard and resolved.
SEC. 17. General duties of guardian. —
- A guardian shall have the care and custody of the
person of his ward and the management of his
property, or only the management of his property.
A guardian shall perform the following duties:
(a) To pay the just debts of the ward out of the personal
property and the income of the real property of the ward, if the
same is sufficient; otherwise, out of the real property of the ward
upon obtaining an order for its sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue
for, 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 property and effects;
and to appear for and represent the ward in all actions and special
proceedings, unless another person is appointed for that purpose;
(c) To manage the property of the ward frugally and
without waste, and apply the income and profits thereon, insofar
as may be necessary, to the comfortable and suitable
maintenance of the ward; and if such income and profits be
insufficient for that purpose, to sell or encumber the real or
personal property, upon being authorized by the court to do so;
(d) To consent to a partition of real or personal
property owned by the ward jointly or in common with others
upon authority granted by the court after hearing, notice to
relatives of the ward, and a careful investigation as to the
necessity and propriety of the proposed action;
(e) To submit to the court a verified inventory of the
property of his ward within three months after his appointment,
and annually thereafter, the rendition of which may be required
upon the application of an interested person;
(f) To report to the court any property of the ward not
included in the inventory which is discovered, or succeeded to, or
acquired by the ward within three months after such discovery,
succession, or acquisition; and
(g) To render to the court for its approval an accounting
of the property one year from his appointment, and every year
thereafter or as often as may be required.
SEC. 19. Petition to sell or encumber property. — pg 249
- guardian may file a verified petition setting forth such
facts and praying that an order issue authorizing the sale
or encumbrance of the property.
SEC. 20. Order to show cause. — pg 250
- court shall order his next of kin and all persons
interested in the property to appear at a reasonable
time and place therein specified and show cause why
the petition should not be granted.
SEC. 22. Contents of order for sale or encumbrance and its
duration; bond. —
- The order shall specify the grounds for the sale or
encumbrance and may direct that the property
ordered sold be disposed of at public sale, subject to
such conditions as to the time and manner of payment,
and security where a part of the payment is deferred.
The original bond of the guardian shall stand as security
for the proper appropriation of the proceeds of the sale
or encumbrance, but the court may, if deemed
expedient, require an additional bond as a condition for
the sale or encumbrance. The authority to sell or
encumber shall not extend beyond one year, unless
renewed by the court.
SEC. 23. Court may order investment of proceeds and direct
management of property. —
SEC. 24. Grounds for removal or resignation of guardian. —
When a guardian becomes
a. insane or otherwise
b. incapable of discharging his trust or is
c. found thereafter to be unsuitable, or
d. has wasted or mismanaged the property of the ward
e. has failed to render an account or
f. make a return for thirty days after it is due
the court may, upon reasonable notice to the guardian,
remove him as such and require him to surrender the
property of the ward to the person found to be lawfully
entitled thereto. The court may allow the guardian to
resign for justifiable causes. Upon the removal or
resignation of the guardian, the court shall appoint a
new one. No motion for removal or resignation shall be
granted unless the guardian has submitted the proper
accounting of the property of the ward and the court
has approved the same.
SEC. 25. Ground for termination of guardianship. —
ward has come of age or has died
The guardian shall notify the court of such fact within ten days of
its occurrence.
SEC. 26. Service of final and executory judgment or order. —
Local Civil Registrar of the municipality or city where the minor
resides and the Register of Deeds of the province or city where his
property or any part thereof is situated.
Unlike Rules 92 to 97 which cover both minors and incompetents
who are not minors, the proposed Rule is limited only to
guardianship of minors.
protection of children and the preservation of the unity of the
family, the thrust of R.A. No. 8369
Judicial Guardianship
The situation contemplated is one where the spouse is absent, or
separated in fact or has abandoned the other or consent is
withheld
or cannot be obtained.

PART III
GENERAL GUARDIAN AND GUARDIANSHIP OF
INCOMPETENTS

Petitions for guardianship of incompetents who are not minors

shall continue to be heard and tried by the regular Regional Trial
Courts.

RULE 92 VENUE

SECTION 1. Where to Institute Proceedings. — Guardianship of

the person or estate of a minor or incompetent may be instituted
in the Regional Trial Court 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 the foreign country, in the Regional Trial
Court 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 Regional Trial Court. [In the City of Manila the
proceedings shall be instituted in the Juvenile and Domestic
Relations Court.]

SEC. 2. Meaning of the 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,
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.

RULE 93
GENERAL GUARDIANS AND GUARDIANSHIP:
APPOINTMENT OF GUARDIANS

SECTION 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

PART IV
ADOPTION
RULES 99 TO 100
RULES 99 TO 100 WHICH GOVERN THE RULE ON
ADOPTION PARTICULARLY CUSTODY OF MINORS
(RULE 99) AND RESCISSION AND REVOCATION OF
ADOPTION (RULE 100) HAVE BEEN EXPRESSLY
REPEALED BY (A.M. NO. 02-6-02) RULE ON ADOPTION
EFFECTIVE AUGUST 22, 2002.
- Adoption has been defined as a juridical act
which creates between two persons a
relationship similar to that which results from
legitimate paternity.
Adoption is a juridical act, a proceeding in rem which
creates between the two persons a relationship
similar to that which results from legitimate paternity
and filiation.
The fact of adoption is never presumed, but must be
affirmatively proved by the person claiming its
existence. The destruction by fire of a public building
in which the adoption papers would have been filed if
existent does not give rise to a presumption of
adoption nor is the destruction of the records of an
adoption proceeding to be presumed. On the
contrary, the absence of a record of adoption has
been said to evolve a presumption of its non-
existence. (2 CJS 444) Where, under the provisions of
the statute, an adoption is effected by a court order,
the records of such court constitute the evidence by
which such adoption may be established.
Adoption is properly not an adversarial proceeding.
In adoption proceedings, there is no particular
defendant to speak of since the proceeding involves
the status of a person it being an action in rem.
While adoption has often been referred to in the
context of a "right", the privilege to adopt is itself not
naturally innate or fundamental but rather a right
merely created by statute. It is a privilege that is
governed by the state's determination on what it
may deem to be for the best welfare of the child.
Matters relating to adoption including the withdrawal
of the right of an adopter to nullify the adoption
decree, are subject to regulation by the state.
Concomitantly a right of action given by statute
maybe taken away at any time before it has been
exercised.
Adoption is also a proceeding in rem which no court
may entertain unless it has jurisdiction not only over
the subject matter of the case and over the parties
but also over the res, which is the personal status of
the parties. Our Civil Code adheres to the theory that
jurisdiction over the status of a natural person is
determined by the latter's nationality. Personal status,
in general, is determined by and/or subject to the
jurisdiction of the domiciliary law. This perhaps, is the
reason why our Civil Code (now Family Code) does not
permit adoption by aliens (as a general rule).
Adoption used to be for the benefit of the adoptor.
present tendency however, is geared more towards
the promotion of the welfare of the child and the
enhancement of his opportunities for a useful and
happy life, and every intendment is sustained to
promote that objective. Under the law now in force,
having legitimate, legitimated, acknowledged natural
children or children by legal fiction is no longer a
ground for disqualification to adopt.
Adoption statutes, being humane and salutary, hold
the interest and welfare of the child to be adopted of
paramount consideration, are designed to provide
homes, parental care and education for the
unfortunate, needy or orphaned children and given
them the protection of society and family in the
person of the adopter as well as to allow childless
couples of persons to experience the joys of
parenthood and given them legally a child in the
person of the adopted for the manifestation of their
natural parental instincts. Every reasonable
intendment should be sustained to promote and fulfill
these noble and compassionate objectives of the law.
In Dunan v. Court of First Instance of Rizal, the Supreme
Court emphasized that "the rule of Dura lex sed lex" should
not be applied but softened in matters relative to adoption
of children or to acts designed to provide homes, love, care
and education for unfortunate children. The widest latitude
of sympathy and assistance should be extended by courts
because as therein said. "The law is not and should not be
made, as instrument to impede the achievement of a
salutary humane policy."
The absence of proof of such order of adoption by the
court, as provided by the statute, cannot be substituted by
parole evidence that a child has lived with a person, not his
parent, and has been treated as a child to establish such
adoption. Even evidence of declaration of the deceased,
made in his lifetime, that he intended to adopt a child as
his heir, and that he had adopted him, and of the fact that
the child resided with the decreased, as a member of his
family, from infancy until he attained his majority, is not
sufficient to establish the fact of adoption.** Nor does the
fact that the deceased spouses fed, clothed, educated,
recognized and referred to one like petitioner as an
adopted child, necessarily establish adoption of the child.
Withal, the attempts of petitioner to prove his adoption by
acts and declarations of the deceased do not discharge the
mandatory presentation of the judicial decree of adoption.