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GUARDIANS
SALIENT FEATURES ON GUARDIANSHIP OF MINORS
NOTE: guardianship of minors is now governed by the Rule an guardianship of Minors (A.M. (A.M. No. 03-02-05 SC, effective May 1, 2003)
NO. 03-02-05 SC) which took effect on May 1, 2003. While guardianship of incompetents is still
governed by the provisions of the Rules of Court on guardianship (Rule 92 to Rule 97)
4blue95: follow this if minor is involved only!
Section 1. Where to institute proceedings.
Jurisdiction:
 Incompetents – RTC of his residence or where hi property is located in case of non-
resident (Sec. 1)
A. Grounds for Petition (Sec. 4) (BARS)
 Minor – Family Court of his residence or where his property is located in case of
non-resident (Sec. 3, AM 03-02-05)
1. Continued ABSENCE, or Incapacity or Death of his parent;
KINDS OF GUARDIANS 2. SUSPENSION, Termination or Deprivation of parental authority;
A. According of scope: 3. REMARRIAGE of his surviving parent, if the latter is found unsuitable to
1. General – over the person of the ward or over his property exercise parental so requires.
2. Limited – over the property only 4. When the BEST INTEREST of his minor so requires.

B. According to constitution
1. general guardian B. Considerations in Appointing Guardianship
2. legal guardian – without judicial appointment
3. guardian ad litem – appointed by courts of justice to prosecute or defend a minor, insane or 1. Moral character;
person declared to be incompetent, in an action in court.
2. Physical, mental and physiological condition;
Section 2 . Meaning of the word “Incompetent” 3. Financial status;
INCOMPETENT includes: 4. Relationship of trust with the minor;
1. those suffering from penalty of civil interdiction; 5. Availability to exercise the powers and duties of a guardian for the full period of
2. hospitalized lepers; guardianship;
3. prodigals; 6. lack of conflict of interest with the minor;
4. deaf and dumb ho are unable to read and write; 7. ability to manage the property of the minor.
5. those o unsound mind though they have lucid intervals
6. persons not of unsound mind but by reason of age, disease, weak mind and other
similar causes cannot, without outside aid, take care of themselves or manage their C. Who may be appointed guardian of the person or property, or both, of a minor
property. (Sec. 6)

In default of parents or a court appointed guardian, the court may appoint a guardian of a
RULE 94:BONDS OF GUARDIANS
minor, observing as far as practicable, the following ORDER OF PREFERENCE: (ASOO)
Section 1. Bond to be given before Issuance of letters. Amount. Conditions.
Before an appointed guardian enters upon the execution of his trust he shall give a BOND 1. the SURVIVING GRANDPARENT and in case several grandparents survive, the
CONDITIONS: court shall select any of them taking into account all relevant considerations.
1. To make and return to the court, within three (3) months, a true and complete
INVENTORY of all he estate of his ward which shall come to his possession or knowledge 2. the OLDEST BROTHER OR SISTER of the minor over twenty-one years of age,
or to the possession or knowledge of any other person for him; unless unfit or disqualified;
2. 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 he proper care, 3. the ACTUAL CUSTODIAN of the minor over twenty-one years of age, unless
custody, and education of the ward. unfit or disqualified.
3. to render a true and jus ACCOUNT of all the estate of the ward in his hands, and on all
proceeds or interest derived therefrom, and of the management and disposition of the same,
4. any OTHER PERSON, who in the sound discretion of the court would serve the
at the time designated by these rules and such other times as the court and deliver and pay
over all the estate, effects, and moneys remaining in his hands, or due from him on such best interest of the minor.
settlement, to the person lawfully entitled thereto;
4. to PERFORM all orders of the court by him to be performed.
D. Case Study Report (Sec. 9)
BOND OF PARENTS AS GUARDIAN: Where the market value of the property or the annual
income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in The court shall order a social worker to conduct a case study of the minor and all
such amount as the court may determine, but not less than ten per centum (10%) of the value of prospective guardians and submit report and recommendation to he court for its guidance
the property or annual income, to guarantee the performance of the obligations prescribed for before the scheduled hearing.
general guardians.

A verified petition for approval of the bond shall be filed in the proper court of the place where the
child resides, or, if the child resides in a foreign country, in the proper court of the place where the
property or any part thereof is situated E. Bond of parents as guardians of property of minor (Sec. 16)

If the market value of the property or the annual income of the child exceeds P50,000, the
RULE 95:SELLING /ENCUMBERING PROPERTY OF WARD parent concerned shall furnish a bond in such amount as the court may determine, but in no
case less than 10% of the value of such property or income, to guarantee the performance
Section 1. Petition of guardian for leave to sell or encumber estate of the obligations prescribed for general guardians.
A. Grounds
1. when income of estate is insufficient to maintain the ward and his family or A verified petition for approval of the bind shall be filed in the
2. when income of estate is insufficient to maintain and educate ward when a minor; or
3. when I appears that it is for the benefit of the ward.
a. Family Court of the place where the child resides or,
B. Requirements b. if the child resides in a foreign country, in the Family court of the
1. petition must be verified. place where the property or any part hereof is situated.
2. notice must be given to the next of kin; and
3. hearing so that they may show cause why petition should no be granted. The petition shall be docketed as a summary special proceeding in which all incidents and
issued regarding the performance of the obligations of a general guardian shall be heard be
Section 2. Order to show cause thereupon. heard and resolved.

Next of kin – pertains to hose relative who are entitled to share in the estate of the ward under the
law on Intestate Succession including those who inherent per stirpes or by right or representation. F. Removal or Resignation of Guardians (Sec. 24)
NOTE: Notice to next of kin and interested persons is JURISDICTIONAL 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.
Sale of the ward’s realty by the guardian without authority form the court is VOID. Under the law,
a parent acting merely as legal administrator of the property of his/her children, does NOT have
the power to dispose of, or alienate, the property of said minor without judicial approval
G. Grounds for termination of guardianship (Sec. 25)
Section 3. Hearing on return of order. .
Section 4. Contents of order for sale or encumbrance, and how long effective. The court motu propio or upon verified motion of any person allowed to file a petition for
guardianship may terminate the guardianship on the ground that the ward has COME OF
The order of Sale must specify the grounds. AGE or has DIED. The guardian shall notify the court of such fact within 10 days of its
occurrence.
Duration of the order for sale and encumbrance of property: Within 1 year from the granting of the
order. It is presumed that if the property was not sold within 1 year, the ward has sufficient
income.

The authority to sell or encumber shall not extend beyond 1 year unless investment of proceeds
and direct management of estate.
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RULE 96:GENERAL POWERS AND DUTIES OF GUARDIANS GROUNDS FOR OPPOSITION

Section 1. To what guardianship shall extend. Any interested person may, by filing a written opposition, contest the petition
Section 2. Guardian to pay debts of ward.
1.majority of the alleged minor
Section 3 Guardian to settle accounts, collect debts and appear in actions for ward.
Section 4. Estate to be managed frugally and proceeds applied to maintenance of ward. 2.competency of the alleged incompetent, or
Section 5. Guardian may be authorized to join in partition proceedings after hearing.
3.unsuitability of the person for whom letters are prayed
Section 6. Proceedings when person suspected of embezzling or concealing property of ward.
Section 7. Inventories and accounts of guardians, and appraisement of estate.
Section 9. When guardian’s accounts presented for settlement, expenses and compensation
allowed. Sec. 5. Hearing and order for letters to issue. At the hearing of the petition the alleged incompetent
must be present if able to attend, and it must be shown that the required notice has been given.
GENERAL POWERS AND DUTIES OF GUARDIANS Thereupon the court shall hear the evidence of the parties in support of their respective allegations,
and, if the person in question is a minor, or incompetent it shall appoint a suitable guardian of his
1. have the care and custody of the person of the ward, and the management f his estate, or person or estate, or both, with the powers and duties hereinafter specified.
the management of his estate, or the management of the estate only, as the case may be (Sec.
1); 2023 notes: It is the incompetent wards, if able, who is required to attend the guardianship
2. pay the debts of the ward (Sec. 2); hearings. Minors wards are not required to attend.
3. settle accounts, collect debts and appear in actions for ward (Sec. 3);
4. manage the estate of the ward frugally, and apply the proceeds to maintenance of the ward Procedure:
(Sec. 4); a. filing of petition
5. render verified inventory within 3 MONTHS after his appointment and annually b. court shall set the case for hearing;
thereafter upon application of interested persons (Sec. 7); and c. cause notices to be served to the person mentioned in the petition, including minor, if 14 years
6. render to court for its approval an accounting of the property for 1 YEAR from his and above;
appointment & every year thereafter (Sec. 8) d. court shall receive evidence;
e. declaration of the property of the petition
f. issue letter of guardianship
RULE 93: APPOINTMENT OF GUARDIANS

Section 6. When and how guardian for nonresident appointed. Notice

Section 1. Who may petition for appointment of guardian for resident.
MINOR
1. any relative; or
2. other person on behalf of a minor; or
3. the minor himself if 14 years of age or over;
or
4. the Secretary of Social Welfare and
Development AND by the Secretary of Health
in case of an insane minor who needs to be
hospitalized . (Sec. 2 AM 03-02-05 SC)
INCOMPETENT
1. any relative;
2. friend; or
3. other person on behalf of the resident
incompetent who has no parents or lawful
guardian; or
4. the Director of Health in favor of an insane
person who should be hospitalized or in favor
of an isolated leper; (Sec. 1)
5. any one interested in the estate of anon-
resident incompetent. (Sec. 6)
 Any relative friend or any one interested in the estate of a person liable to be out
under guardianship may file a petition for guardianship over the property of such
person.
 Notice shall be given through publication or otherwise.
Sec. 7. Parents as guardians. xxx (repealed by the Arts. 225 of the Family Code)
Art. 225. The father and the mother shall jointly exercise legal guardianship over the
property of the unemancipated common child without the necessity of a court appointment.
In case of disagreement, the father's decision shall prevail, unless there is a judicial order to
the contrary.

.
The father and the mother shall jointly exercise legal guardianship over the person and property of
their minor without he necessity of a court appointment. In such case, this Rule shall be suppletory
to the provisions of the Family Code on Guardianship. The petition shall be docketed as a SUMMARY SPECIAL PROCEEDING in which all incidents and
issues regarding the performance of the obligations referred to in the second paragraph of this
4blue95:guardianship has same rules to executor&administrator, the only difference is in latter ,the Article shall be heard and resolved.
property is owned by the deceased while in former the person is still alive.
2006 notes: The ordinary rules on guardianship shall be merely suppletory except when the
Section 2. Contents of Petition child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried,
MINOR INCOMPETENT in which case the ordinary rules on guardianship shall apply (on this exceptions,the rule on
a) the jurisdictional facts; a) the jurisdictional facts; guardianship applies).
b) the name, age and residence of the b) the incompetency rendering the
prospective ward; appointment necessary or convenient;
c) the ground rendering the appointment c) the probable value and character of his Section 8. Service of Judgment: served upon the Civil Registrar of the place where the minor or
necessary or convenient; estate; incompetent resides or where the property is situated shall be served with a copy of the judgment.
d) he death of the parents o the minor or the d) the names, ages, and residences of the
termination, deprivation or suspension of their relatives of the incompetent, and of the
parental authority; persons having him in their care;
e) the remarriage of the minor’s surviving e) the name of the person for whom letters of
parent; guardianship are prayed. (Sec. 2 Rule 93)
f) the names, ages, and residences of relative
within the 4th civil degree of minor, and f
persons having him in their care and custody RULE 97: TERMINATION OF GUARDIANSHIP
g) the probable value, character and location of
the property of the minor; and
h) the name, age and residence of the person Petition that competency of ward be adjudged and proceedings thereupon. Petition shall be
for whom letters of guardianship are prayed. verified by oath and shall state that such person is then competent.
(Sec. 7, AM 03-02-05 SC)

Grounds for termination

NOTE: The petition involving minors is required to be VERIFIED and accompanied by
certification against FORUM SHOPPING while that involving incompetent must be verified only. MINOR INCOMPETENT
HOWEVER, no defect in the petition or verification shall render void the issuance of letters of
guardianship. 1. the ward has come of age; or 1. competency of the ward has been judicially
2. has died; determined ;
Section 3. Court to set time for hearing. 3. death of guardian. 2. guardianship is no longer necessary;
(Sec. 25, AM 03-02-05 SC) 3. death of guardian;
Notice thereof. 4. death of ward.

There is NO requirement for publication only notice however, in guardianship proceedings for
non-resident wards/incompetent, publication of notice is an option .
HOWEVER, service of NOTICE upon minor if 14 years of age or over or upon incompetent is WHEN GUARDIAN REMOVED OR ALLOWED TO RESIGN.
mandatory and jurisdictional. 1. insanity;
If the person is insane, service of notice upon the Director of Hospital where he is hospitalized is 2. incapability or unsuitability to discharge functions;
sufficient. 3. wastage or mismanagement of the property of the ward; and
4. failure to render an account or make a return within 30 days after it was due.
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2. That such positive acts of repudiation have been known to the cestui que trust; and 3.
TRUSTEES The evidence thereon should be clear and conclusive. (Ceniza v. CA, G.R. No. L-46345,
1990)
A trustee is a person in whom confidence is reposed as regards property for the benefit of
another person. (Civil Code, Art. 1440)
A trustee shall be appointed by the REGIONAL TRIAL COURT where the will was EXECUTOR/ GUARDIAN TRUSTEE
allowed or where the property affected by the trust is situated. (Rule 98, Sec. 1) ADMINISTRATOR
Accounts are not under Accounts must be under Accounts must be under
A Trustee May Be Appointed oath and except for initial cash and filed annually oath and filed annually
and final submission of
1. Under a will – where the testator has omitted in his will to appoint a trustee in the accounts, they shall be
Philippines. (Rule 98, Sec. 2) filed only at such times as
may be required by the
Note: Notice to and consent of the beneficiary are NOT essential for the creation of the
trust for appointment under a will.
court.
Court that has jurisdiction Court which has Court which has
2. Under a written instrument – when a trustee under a written instrument declines, may be MTC or RTC jurisdiction is RTC jurisdiction is MTC or
resigns, dies or is removed before the objects of the trust are accomplished and no (incompetent) or Family RTC if appointed to carry
adequate provision is made as to supplying vacancy. (Rule 98, Sec. 3) court (Minors) into effect provisions of a
will, if trustee dies, resigns
Where Trustee Appointed Abroad or removed in a contractual
When land in the Philippines is held in trust for a resident by a trustee who derives trust, RTC has jurisdiction
authority outside the Philippines, he shall file a petition for appointment as trustee in the in the appointment of new
Regional Trial Court where the land is located. Otherwise, the court shall declare the trust trustee
vacant and shall appoint a new trustee. (Rule 98, Sec. 4)
May sell, encumber or May sell or encumber May sell or encumber
General Rule: Before entering his duties, a trustee must file a bond with the Clerk of mortgage property if t property of ward if income property of estate held in
Court in an amount fixed by the court, payable to the Philippine government and necessary for the purpose of estate is insufficient to trust if necessary or
sufficient and available to protect any party in interest. of paying debts, expenses maintain ward and his expedient upon order of the
Failure to file bond is considered as an act of declining or refusal of the trust or of the of administration or family and educate ward or court
resignation of the trustee, as the case may be. (Rule 98, Sec. 5) legacies, or for the the dale encumbrance is for
preservation of property or the benefit of ward upon
Exception: The Trustee may be exempted by the court from giving a bond when if sale will beneficial to order of the court
requested by: heirs, legatees or devisees
Order of sale has no time Order of sale is valid for Order of sale has no time
a. A trustee under a will, if the testator so directed/requested; or limit only 1 year after grant of limit
b. Any trustee, if all persons beneficially interested are of full age and request the exemption.
the same
The court may cancel the bond exemption anytime; the trustee shall then file the bond. (Rule Appointed by he curt t Appointed as guardian Appointed to carry into
98, Sec. 5) settle estate of decedent effect he provisions of a
will or written instrument
Conditions Included in the Bond (contractual trust)
Not exampled from filing Must always file as bond May be exempted from
1. That the trustee will make and return to the court, at such time as it may order, a true bond even if such filing bond if provided in
inventory of all the real and personal estate belonging to him as trustee, which at the time exception is provided in the will or if beneficiaries
of the making of such inventory shall have come to his possession or knowledge; the will (bond is only requested exemption
conditioned upon payment
2. That he will manage and dispose of all such estate, and faithfully discharge his trust in
of debts)
relation thereto, according to law and the will of the testator or the provisions of the
instrument or order under which he is appointed; Services of executor or Guardianship is terminated Trusteeship is terminated
administrator is terminated upon attainment of age of upon turning over the
3. That he will render upon oath at least once a year until his trust is fulfilled, unless he is upon payment of debts of majority of the minor or property to beneficiary
excused therefrom in any year by the court, a true account of the property in his hands the estate and distribution upon gaining competency after expiration of trust
and of the management and disposition thereof, and will render such other accounts as the of property to heirs in the case of an (period may be provided
court may order; incompetent (need coir for in the will or trust
order for the latter) contract)
4. That at the expiration of his trust he will settle his accounts in court and pay over and Must pay the debts of the Must pay the debs of the No obligation to pay debts
deliver all the estate remaining in his hands, or due from him on such settlement, to the estate ward of beneficiary or trustor.
person or persons entitled thereto. (Rule 98, Sec. 6)
EXTENT OF AUTHORITY OF TRUSTEE
REQUISITES FOR REMOVAL AND RESIGNATION OF A TRUSTEE
The powers of a trustee appointed by a Philippine court cannot extend beyond the territory of
1. Petition of interested parties
the Philippines.
2. Due notice to the trustees
3. Hearing (Rule 98, Sec. 8)
Basis: A trustee’s authority cannot extend beyond the jurisdiction of the country under whose
courts he was appointed In the execution of trusts, the trustee is bound to comply with the
Who May Petition Parties beneficially interested. (Rule 98, Sec. 8)
directions contained in the trust instrument defining the extent and limits of his authority, and
a. If essential to the interests of the party petitioning the removal;
the nature of his power and duties.
b. If trustee becomes insane, or
c. The trustee is otherwise incapable OR unsuitable of discharging the trust. (Rule 98, Sec. 8)
Appointment Under Will
Resignation of a Trustee
A trustee may resign his trust if the court deems it proper to allow such resignation - whether
The trustee, in whom the estate shall vest, shall have the same rights, powers and duties as if he
the trustee was appointed by the court or by a will.(Rule 98, Sec. 8)
had been appointed by the testator.

No person succeeding to the trust as executor or administrator of a former trustee shall be

Sale and Encumbrance of Trust Estate
required to accept such trust. (Rule 98, Sec. 2)
When the sale or encumbrance of any real or personal estate held in trust is NECESSARY or
EXPEDIENT, the court may, on petition and after NOTICE and HEARING, order such sale or
encumbrance.
The petition, notice, hearing, order of sale or encumbrance, and record of proceedings, SHALL
Appointment Under Written Instrument
CONFORM as nearly as maybe to the provisions concerning the sale or encumbrance by
GUARDIANS of the property of their wards. (Rule 98, Sec. 9)
Such new trustee shall have and exercise the same powers, rights and duties as if he had been
originally appointed, and the trust estate shall vest in him in like manner as it had vested or
Acquisition of Trust Estate
would have vested in the trustee in whose place he is substituted. (Rule 98, Sec. 3)
General Rule: A trustee cannot acquire the trust estate by prescription because for the
purpose of prescription, the possession of the property by the trustee is not an adverse
possession, but only a possession in behalf of the owner of the same. (Canezo v. Rojas,
G.R. No. 148788, 2007)
Exception: The trustee’s possession may constitute adverse prescription when the
following requisites concur:

1. The trustee has performed unequivocal acts of repudiation amounting to ouster of the
cestui que trust;