GENERAL

GUARDIANS AND
GUARDIANSHIP
Guardianship of minors is now governed by
the Rule on Guardianship of Minors (A.M.
No. 03-02-05-SC) which took effect on May
1, 2003 while guardianship of incompetents
who are not minors is still governed by the
provisions of the Rules of Court on
Guardianship (Rule 92 to Rule 97) (Sec. 27,
A.M. No. 03-02-05-SC).
Guardianship
The power of protective authority given by law
and imposed in an individual who is free and in
enjoyment of his rights over one whose
weakness on account of his age or other
infirmity renders him unable to protect himself
(Herrera, p. 235).
Basis: Parens patriae
Purpose: To safeguard
the right and interests of
minors and incompetent
persons.
Guardian
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 (Herrera, p. 235).
Note: The court, in guardianship
proceedings, is solely concerned with the
ward’s custody and proper administration of
his properties. Conflicts regarding ownership
or title in the hands of a guardian, in his
capacity as such should be litigated in a
separate proceeding (Festin, p.126).
In guardianship proceedings, the court cannot
actually order the delivery of the ward’s
property found to be embezzled, concealed or
conveyed except when the title of the ward to
the same is clear and indisputable. Absent the
exception, the recovery of such property must
be made in a separate proceeding (Cui v.
Piccio, G.R. No. L- 5131, July 31, 1952).
Kinds of Guardians
A. According to scope:
1. Guardian of the person – one who
has been lawfully invested with the
care of the person of the minor;
2. Guardian of the property –
one appointed to have the
management of the estate of a
minor or incompetent;
3. General guardian – one appointed
to have the care and custody of the
person and of all the property of the
ward (Herrera, p. 237).
B.According to constitution:
1. Legal guardian – without need of judicial
appointment;
2. Guardian ad litem – 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 gurdian – appointed
in pursuance to law, as
guardian for insane persons,
prodigals, minors, etc. (Herrera,
p. 237).
Courts with jurisdiction
1. Regional Trial Courts – B.P. Blg. 129 provides
that RTCs have jurisdiction over actions and
special proceedings falling within the exclusive
original jurisdiction of the Juvenile and Domestic
Relations Court (Herrera, p. 238). RTC has
jurisdiction over proceedings on guardianship of
incompetents.
2. Family Courts – R.A. No. 8369
otherwise known as Family Courts
Act of 1997 vested the Family Courts
with exclusive original jurisdiction on
guardianship of minors (Herrera, p.
238).
Procedure for Guardianship for Incompetent Persons who
are not Minors

Petition for the Appointment of a

Guardian

Court Order fixing the hearing of the

petition
 Notice of the hearing

Hearing and Appointment of the

guardian

Service of Judgment on the Local Civil

Registrar
 Filing of Bond by the guardian

Issuance of “Letters of Guardianship”

Termination of guardianship
 RULE 92 VENUE
SECTION 1. WHERE TO INSTITUTE
PROCEEDINGS

Jurisdiction:
Resident – RTC of his residence
Non-Resident – RTC of the place where his
property is located
SECTION 2. MEANING OF THE WORD
“INCOMPETENT”

Incompetent includes: (CLeP DUN)

1. Those suffering from penalty of civil
interdiction;
2. Hospitalized lepers;
3. Prodigals;
Note: A prodigal is synonymous to a spendthrift or a
person who by excessive drinking, gaming, idleness or
debauchery of any kind shall so spend, waste or lessen
his estate as to expose himself or his family to want or
suffering or expose the town to charge or expense for the
support of himself or his family (Cyclopedic Law
Dictionary, 811).
4.Deaf and dumb who are
unable to read and write;
5. Those of unsound mind
though they may 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 and manage their
property.
SECTION 3. TRANSFER
OF VENUE
RULE 93 : APPOINTMENT OF GUARDIANS

SECTION 1. WHO MAY PETITION FOR

APPOINTMENT OF GUARDIAN FOR RESIDENT
(AFOD)
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.
SECTION 2. CONTENTS OF
PETITION
1. The jurisdictional facts;
2.The incompetency rendering the
appointment necessary or convenient;
3. The names, ages, and residences of the
relatives of the incompetent, and of the persons
having him in thei care;
4. The probable value and character of his estate;
and
5.The name of the person for whom letters of
guardianship are prayed.
SECTION 3. COURT TO SET TIME FOR
HEARING. NOTICE THEREOF
To whom notice served:
1. Persons mentioned in the petition residing in the
Philippines;
2. The incompetent. There is no requirement for
publication, only notice except in case of a
nonresident incompetent.
However, service of notice upon the persons
mentioned in the petition, including the
incompetent who is not a minor, is mandatory
and jurisdictional.

If the person is insane, service of notice upon

the Director of the Hospital where he is
hospitalized is sufficient.
SECTION 4. OPPOSITION
TO PETITION Must be in
writing; need not be verified
Grounds:
1.Competency of alleged incompetent;
2. Unsuitability of the person for whom letters are
prayed. If the interested person is a creditor and
mortgagee of the estate of the minor, he cannot be
appointed guardian of the person and property of the
latter. No man can serve two masters (Garchitorena v.
Sotelo, G.R. No. L-47867, November 13, 1942).
SECTION 5. HEARING AND ORDER FOR
LETTERS TO ISSUE
At the hearing:
1. The alleged incompetent must be present
if able to attend;
2. It must be shown that the required notice
has been given.
SECTION 6. WHEN AND HOW GUARDIAN
FOR NONRESIDENT APPOINTED, NOTICE
Any relative, friend or anyone interested in the
estate of a person liable to be put under
guardianship may file a petition for
guardianship over the property of such person.
Notice shall be given through publication or
otherwise.
Ancillary guardianship
Ancillary guardianship refers to the
guardianship in a state other than
that in which guardianship is
originally granted (Herrera, p. 276).
SECTION 7. PARENTS AS GUARDIANS
This provision may be deemed to have
been modified by the provisions of the
Family Code on Guardianship
particularly Articles 225 and 220
(Herrera, p. 278).
SECTION 8. SERVICE OF
JUDGMENT Civil Registrar of the
place where the minor or
incompetent resides or where the
property is situated shall be served
with a copy of the judgment.
RULE 94 BONDS OF GUARDIANS

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.
Conditions: (IFAP)
1. To make and return to the court,
within 3 months, a true and complete
inventory of all the estate of his ward
which shall come to his possession or
knowledge or to the possession or
knowledge of any other person for him;
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 the proper care,
custody, and education of the ward;
3. 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;
4.To perform all orders of the court by him to be performed.
Purpose of the bond: For the
protection of the property of the
minor or incompetent to the end
that he may be assured of an
honest administration of his
funds (Herrera, p. 282).
Necessity of the bond: When
required by statutes to give a bond,
no person can qualify and act as
guardian without complying with this
condition precedent (Herrera, p.
282).
Time when bond takes effect:
At the time of appointment
notwithstanding the bond
being filed later (Herrera, p.
282).
SECTION 2. WHEN NEW BOND MAY BE
REQUIRED AND OLD SURETIES DISCHARGED
A new bond may be required when the guardian is
about to receive funds not in contemplation when
the original bond was executed and should be given
as a condition of the payment of a legacy or
distributive share to the guardian when there is any
express statutory requirement to that effect
(Herrera, p.283).
SECTION 3. BONDS TO BE FILED.
ACTIONS THEREON
In case of breach of the bond’s conditions,
the bond may be prosecuted in the same
proceeding or in a separate action, for the
use and benefit of the ward or of any
person legally interested in the estate.
The bond of the guardian is a continuing one
against the obligors and their estates until all of its
conditions are fulfilled. The mere fact that
defendant was removed as guardian did not
relieve her or her bondsmen from liability during
the time she was duly acting as such guardian
(Guerrero v. Teran, G.R. No. L-4898, March 19,
1909).
 RULE 95
SELLING AND ENCUMBERING
PROPERTY OF WARD

SECTION 1. PETITION OF GUARDIAN FOR

LEAVE TO SELL OR ENCUMBER ESTATE
A.Grounds
1. When the income of estate is
insufficient to maintain the ward and his
family or;
2. When it appears that it is for the
benefit of the ward.
B.Requirements
1. Petition must be verified;
2. Notice must be given to the next of
kin; and
3. Hearing so that they may show cause
why petition should not be granted.
Sale of the ward’s realty by the guardian
without authority from 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 (Lindain v. Court of Appeals,
G.R. No. 95305, August 20, 1992).
For the sale or encumbrance of the
property, a verified petition is required
(Sec 1 of this Rule), but no such
verification is required for that purpose
with respect to the estate of a decedent
(Secs 1 and 4, Rule 89) and a mere
motion therein will suffice.
SECTION 2. ORDER TO SHOW CAUSE
THEREUPON
The court shall make an order directing the
next of kin, and all persons interested in
the estate, to show cause why the petition
under this Rule must not be granted.
Next of Kin
Next of kin does not mean the next of kindred
but pertains to those relatives who are entitled to
share in the estate of the ward under the Law on
Intestate Succession including those who inherit
per stirpes or by right of representation (Lopez v.
Teodoro, Sr., G.R. No. L-3071, May 29, 1950).
Note: Notice to next of kin and
interested persons is jurisdictional.
Failure to notify the next of kin shall be
a ground for dismissal of the petition
under this Rule (Singco v. Longa, G.R.
No. L-27962, February 14, 1928).
However, notice is not necessary where the next
of kin to the ward and all persons interested in
the estate are her mother and guardian, uncles
and aunts who agreed to make the transfer of
their respective shares in the property to the
corporation to be organized (Pardo de Tavera v.
El Hogar Filipino, Inc. and Magdalena Estate,
G.R. No. L-5893, February 28, 1956).
SECTION 3. HEARING ON RETURN OF
ORDER. COSTS

SECTION 4. CONTENTS OF ORDER FOR

SALE OR ENCUMBRANCE, AND HOW LONG
EFFECTIVE
 The order of sale must specify the grounds.
General Rule: Sale must first
be confirmed by the court, and
that until such confirmation,
not even equitable title passes
(Herrera, p. 289).
Exception: The court’s order expressly authorized
the guardian to execute and deliver to the
purchaser definitely named, a deed of
conveyance to a parcel of land specifically
described at a price already fixed and it was
intended to be the approval itself of the sale that
was already perfected or agreed upon by the
seller and the buyers,
needing only a judicial go-ahead signal
to reduce the agreement to the
statutory form and it had been made
without departure from the terms of the
order (Soriano, et. al. v. Latono, G.R.
No. L-3408, December 23, 1950).
Duration of the order of 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 guardian, among others, cannot
acquire by purchase even at a public or
judicial auction, either in person or through
the mediation of another, the property of
the person or persons who may be under
his guardianship (Art. 1491, NCC).
The authority to sell or encumber shall not extend
beyond 1 year unless renewed by the court.

Appeal is the proper remedy against an order of

the court authorizing the sale of the ward’s
property (Lopez v. Teodoro, G.R. No. L- 3071,
May 29, 1950).
Note: There being a presumption that the
sale of the ward’s estate is valid, it cannot
be attacked collaterally in the registration
proceedings. A separate action to avoid or
rescind the sale on the grounds specified by
law should be filed (Margate v. Rabacal,
G.R. No. L-14302, April 30, 1963).
SECTION 5. COURT MAY ORDER INVESTMENT OF
PROCEEDS AND DIRECT MANAGEMENT OF ESTATE

Sections 1 & 2 of this Rule relate only to the investment of

proceeds from the sale or encumbrance of the estate and
investment of other funds is covered by Section 5 of this Rule.
While Section 5 requires judicial authority in order that a guardian
may invest the ward’s money, it does not provide that said
authority must always be either prior to or expressed (Philippine
Trust Co. v. Ballesteros, G.R. No. L-8532, October 11, 1957).
 RULE 96
GENERAL POWERS
AND DUTIES OF
GUARDIANS
SECTION 1. TO WHAT GUARDIANSHIP SHALL
EXTEND
Conflicts regarding the ownership or title to the property
in the hands of the guardian in his capacity as such
should be litigated in a separate proceeding, the court
in guardianship proceeding being solely concerned with
the ward’s care and custody and proper administration
of his properties (Viloria v. Administrator of Veteran
Affairs, G.R. No. L-9620, June 28, 1957).
SECTION 2. GUARDIAN TO PAY DEBTS OF
WARD

Order of liability of ward’s property:

1. Personal estate and income of real estate;
2. Real estate
SECTION 3. GUARDIAN TO SETTLE ACCOUNTS,
COLLECT DEBTS AND APPEAR IN ACTIONS FOR WARD
 Ordinarily, a guardian ad litem has no authority to act or
bind a minor in any transaction with regard to his estate,
but he can, however, do so with the approval of the court,
such as the amicable settlement of a case affecting the
property of the minor, duly approved by the court (Santo
Domingo v. Santo Domingo, G.R. No. L-10886, April 18,
1958).
SECTION 4. ESTATE TO BE MANAGED FRUGALLY
AND PROCEEDS APPLIED TO MAINTENANCE OF
WARD
The guardian is bound to exercise such diligence and
prudence as reasonable men ordinarily employ in the
conduct of their own affairs and will be held liable for
any loss which results from his failure to exercise
such prudence and diligence (Herrera, p. 301).
SECTION 5. GUARDIAN MAY BE
AUTHORIZED TO JOIN IN PARTITION
PROCEEDINGS AFTER HEARING
Requisites:
1. Hearing;
2. Notice to relatives of the ward; and
3. Careful investigation as to the necessity and
propriety of the proposed action.
SECTION 6. PROCEEDING WHEN PERSON
SUSPECTED OF EMBEZZLING OR CONCEALING
PROPERTY OF WARD

Purpose: To secure evidence from persons suspected of

embezzling, concealing or conveying any property of the
ward so as to enable the guardian to institute the
appropriate action to obtain the possession of and secure
title to said property (Cui v. Piccio, G.R. No. L-5131, July
31, 1952).
Only in extreme cases where
property clearly belongs to the ward
or where his title thereto has been
already decided, may the court direct
its delivery to the guardian (Cui v.
Piccio, supra).
SECTION 7. INVENTORIES
AND ACCOUNTS OF
GUARDIANS, AND
APPRAISEMENT OF ESTATE
SECTION 8. WHEN GUARDIAN’S ACCOUNTS
PRESENTED FOR SETTLEMENT, EXPENSES
AND COMPENSATION ALLOWED
The guardian shall be allowed the amount of his
reasonable expenses incurred in the execution
of his trust and such compensation for his
services, not exceeding 15% of the net income
of the ward.
General powers and duties of guardians
(MSICAP)
1.Manage the estate of the ward frugally,
and apply the proceeds to maintenance
of the ward (Sec. 4);
2. Settle accounts, collect debts and
appear in actions for ward (Sec. 3);
3. Render a verified inventory
within 3 months after his
appointment and annually
thereafter, and upon application
of interested persons (Sec. 7);
4. To have the care and custody
of the person of the ward, and the
management of his estate, or the
management of the estate only,
as the case may be (Sec. 1);
5. Render to court for its approval an
accounting of the property for 1 year
from his appointment and every year
thereafter, and upon application of
interested persons (Sec. 8); and
6. Pay the debts of the ward (Sec. 2). A
guardian, just like a trustee, is prohibited
under Article 736 of the Civil Code from
making a donation of the properties
entrusted to him (Araneta v. Perez, G.R.
No. L- 18872, July 15, 1966).
 RULE 97 TERMINATION OF
GUARDIANSHIP
SECTION 1. PETITION THAT COMPETENCY OF WARD BE
ADJUDGED, AND PROCEEDINGS THEREUPON
Who may file:
1. Person who has been declared incompetent;
2. His guardian;
3. Relative; or
4. Friend.
Petition shall be verified by oath and shall state
that such person is then competent.
Grounds for termination:
1.Competency of the ward has been judicially
determined;
2. Guardianship is no longer necessary;
3. Death of guardian;
4. Death of ward.
Note: Notice of hearing of the petition is
not intended as a personal service
process in the sense necessary to give
the court jurisdiction over the ward (In
Re Guardianship of Incompetent Jose
de Inchausti v. Soler, G.R. No. L- 15119,
January 19, 1920).
Who may oppose:
1. Guardian;
2. Relative of the ward; or
3. Any other person, in the
discretion of the court.
SECTION 2. WHEN GUARDIAN REMOVED OR
ALLOWED TO RESIGN. NEW APPOINTMENT

Grounds for removal of a guardian

1. Insanity;
2. Incapability or unsuitability to discharge functions;
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.
The remedy of a guardian from
the order of removal is to appeal
(Olarte v. Enriquez, G.R. No. L-
16098, October 31, 1960).
The guardian may file a petition before the
guardianship court for permission to resign is
trust, stating the grounds therefore, and
accompanied by a report of the state of his
account and an offer to settle the account and
deliver the estate over the court (Herrera, p.
314).
SECTION 3. OTHER TERMINATION OF
GUARDIANSHIP
Voluntary emancipation under the
amendments introduced by R.A. No. 6809,
is no longer recognized as a ground for the
termination of parental authority or
guardianship (Herrera, p. 315).
SECTION 4. RECORD TO BE KEPT
BY JUSTICE OF THE PEACE OR
MUNICIPAL JUDGE

SECTION 5. SERVICE OF
JUDGMENT
Estate/Intestate Court Guardianship Court
Rules 73-90 Rules 92-97
Statute of non-claims No statute of non-
claims
Can pass upon the Cannot pass upon the
merits merits of the claim
of the claim
Estate/Intestate Court
Sale of personal properties
first
(Rule 89)
Bond defeats the “petition
for authority to Sell”
Publication (Rule 89)
Guardianship Court
Sale of personal or real
properties first (Rule 95)
Bond does not defeat the
“Petition for Authority to
Sell”
Personal notice (Rule 95)
Estate/Intestate Court Guardianship Court
Indefinite effectivity of 1 year effectivity of
“authority to sell” “authority to sell”
May appoint a special No such thing as a special
administrator guardian
(Remedy: Appeal from
order appointing the
guardian)
 RULE ON
GUARDIANSHIP OF
MINORS
(A.M. No. 03-02-05-SC, effective May 1, 2003)
SECTION 1. APPLICABILITY OF
THE RULE
The Rule applies to petitions for
Guardianship over the person or
property, or both of a minor.
 The father and the mother shall jointly
exercise legal guardianship over the
person and property of their minor without
the necessity of a court appointment. In
such case, this Rule shall be suppletory
to the provisions of the Family Code on
Guardianship.
Who may petition
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
5. The Secretary of Health in case of an insane
minor who needs to be hospitalized (Sec. 2).
Where to file petition: Family Court of
the province or the city where the minor
actually resides. If he resides in a
foreign country, with the Family Court of
the Province or city where his property
or any part thereof is situated (Sec. 3).
The petition shall be verified and accompanied by a
certification of non-forum shopping (Sec.7).

Grounds of petition (D SuRe Best)

1.Death, continued absence, or incapacity of his parents;
2. Suspension, termination or deprivation of parental authority;
3. Remarriage of his surviving parent, if the latter is found
unsuitable to exercise parental authority;
4. When the best interests of the minor so require (Sec. 4).
Considerations in appointing guardians
(MP – FRALA)
1.Moral character;
2. Physical, mental and psychological
condition;
3. Financial status;
4.Relationship of trust with the minor;
5.Availability to exercise the powers and
duties of a guardian for the full period of
the guardianship;
6. Lack of conflict of interest with the
minor;
7.Ability to manage the property of the
minor (Sec. 5).
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 court may appoint a
guardian of a minor, observing as far as
practicable, the following order of
preference: (G-BAO)
1. The surviving grandparent and in case
several grandparents survive, the court shall
select any of them taking into account all
relevant considerations;
2. The oldest brother or sister of the minor
over twentyone years of age, unless unfit or
disqualified;
3. The actual custodian of the minor
over twenty-one years of age, unless
unfit or disqualified; and
4. Any other person, who in the sound
discretion of the court would serve the
best interests of the minor (Sec. 6).
Contents of petition
1. The jurisdictional facts;
2. The name, age and residence of
the prospective ward;
3.The ground rendering the
appointment necessary or convenient;
4. The death of the parents of the
minor or the termination, deprivation
or suspension of their parental
authority;
5. The remarriage of the minor’s
surviving parent;
6. The names, ages, and residences of
relatives within the 4th civil degree of minor,
and of persons having him in their care and
custody;
7. The probable value, character and location
of the property of the minor, and the name, age
and residence of the person for whom letters of
guardianship are prayed (Sec. 7).
Time and notice of hearing:
Notice must be given to
persons named in the petition
and to the minor if over 14
years of age (Sec. 8).
Note: Notice to a minor who is
above 14 year old is
jurisdictional. Non-compliance
with this renders the
proceedings null and void.
Case study report: The court shall order a
social worker to conduct a case study of
the minor and all prospective guardians
and submit his report and
recommendation (3 days before hearing)
to the court for its guidance before the
scheduled hearing (Sec. 9).
Opposition to petition: Must be in writing; need not be
verified (Sec. 10).

Grounds for opposition:

1. Majority of alleged minor;
2. Unsuitability of the person for whom letters are prayed.
Contents of opposition to the petition
1. Ground relied upon;
2. Prayer that the petition be denied; or
3. Prayer that letters of guardianship
issue to himself or to any suitable
person named in the opposition.
Bond of guardian; amount and
conditions: Before the guardian enters
upon the execution of his trust or letters
of guardianship he may be required to
post a bond in the amount set by the
court under the following conditions:
1. 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;
2. 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;
3. 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
4.To perform all orders of
the court and such other
duties as may be required
by law (Sec. 14).
Bond of parents as guardian of the
property of the minor: The parents shall
post a bond if the market value of the
child’s properties or income exceeds
PhP50,000 and the bond shall not be
less than 10% of the value of the
properties or income (Sec. 16).
Petition to sell or encumber property Grounds:
1. When the income of estate is insufficient to
maintain and educate ward when a minor; or
2. When it appears that it is for the benefit of
the ward. The authority to sell or encumber
shall not extend beyond one year, unless
renewed by the court (Sec.19).
Grounds for removal or resignation of guardian
Guardian:
1. Becomes insane or otherwise incapable of
discharging his trust;
2. Is found thereafter to be unsuitable;
3. Has wasted or mismanaged the property of the ward;
4. Has failed to render an account or make a return 30
days after it was due (Sec.24).
Note: Before a motion for removal or
resignation may be granted under
Sec. 24, the guardian must submit
the proper accounting of the property
of the ward and the court has to
approve the same.
Grounds for termination of guardianship
1. The ward has come of age; or
2. Has died (Sec. 25). Guardianship’s
termination may be motu proprio or by a verified
motion by any person allowed to file a petition
for guardianship on the grounds of majority
and/or death of the ward (in case of death, notify
the court within ten (10) days).
 Minor
Who may file
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
5. The Secretary of Health in case of an
insane minor who needs to be
hospitalized (Sec.2 AM 03-02-05-SC).
Incompetents Who Are
Not Minors
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. Anyone interested in the estate of a
non-resident incompetent (Sec. 6).
 Minor
Contents of Petition
1. The jurisdictional facts;
2. The name, age and residence of the
prospective ward;
3. The ground rendering the appointment
necessary or convenient;
4. The death of the parents of the minor
or the termination, deprivation or
suspension of their parental authority;
Incompetents Who Are
Not Minors
1. The jurisdictional facts;
2. The incompetency rendering the
appointment necessary or convenient;
3. The names, ages, and residences of the
relatives of the incompetent, and of the
persons having him in their care;
 Minor Incompetents Who Are
Not Minors
Contents of Petition
5. The remarriage of the minor’s surviving 4. The probable value and character of his
parent; estate;
6. The names, ages, and residences of relative 5. The name of the person for whom
within the 4th civil degree of minor, and of letters of guardianship are prayed (Sec. 2 Rule
persons having him in their care and custody; 93).
7. The probable value, character and location of
the property of the minor; and
8. The name, age and residence of the person for
whom letters of guardianship are prayed (Sec. 7,
AM 03- 02-05-SC).
 Minor Incompetents Who Are
Not Minors
Grounds for Termination
1. The ward has come of age; or 1.Competency of the ward has
2. Has died (Sec. 25, AM 03-02-05- been judicially determined;
SC). 2. Guardianship is no longer
necessary;
3. Death of guardian;
4. Death of ward.
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. However, no defect in the
petition or verification shall render void
the issuance of letters of guardianship.
 Executor/ Guardian Trustee
Administrator
Accounts are not Accounts must be Accounts must be
under oath and under oath and filed under oath and filed
except for initial and annually. annually.
final submission of
accounts, they shall
be filed only at such
times as may be
REQUIRED by the
court.
 Executor/ Guardian Trustee
Administrator
Court that has Court which has Court which has
jurisdiction may be jurisdiction is RTC jurisdiction is RTC or MTC
MTC or RTC. (incompetent) or if appointed to carry into
Family Court effect provisions of a will;
(minors). if trustee dies, resigns or
removed in a contractual
trust, RTC has jurisdiction
in the appointment of new
trustee.
 Executor/ Guardian Trustee
Administrator
May sell, encumber or May sell or encumber May sell or encumber
Mortgage property if it is property of ward if income of property of estate held
necessary for the purpose of paying estate is in trust if
debts, expenses of administration or insufficient to maintain ward necessary or expedient
legacies, or for the preservation of and his family upon
property or if sale will be beneficial and educate ward or the sale order of the court.
to or encumbrance is for the
heirs, legatees or devisees (upon benefit of ward upon order of
application to the the court.
court with written notice to the
heirs).
 Executor/ Guardian Trustee
Administrator
Order of sale has no time Order of sale is valid Order of sale has no
limit. for only 1 year after time limit.
grant of the same.
Appointed by the court to Appointed as Appointed to carry into
settle guardian. effect the provisions of
estate of decedent. a will or written
instrument
(contractual trust).
 Executor/ Guardian Trustee
Administrator
Not exempted from filing Must always file a May be exempted
bond bond. from
even if such exemption is filing bond if
provided in the will provided in the will
(bond is only or if beneficiaries
conditioned upon requested
payment of exemption.
debts).
 Executor/ Guardian Trustee
Administrator
Services of Guardianship is Trusteeship is
executor or terminated upon terminated upon
administrator is attainment of age turning over the
terminated upon of majority of the property to
payment of debts minor or upon beneficiary after
of the estate and gaining expiration of trust
distribution of competency in (period may be
property to heirs. the case of an provided for in
incompetent the will or trust
(need court order contract).
for the latter).
 Executor/ Guardian Trustee
Administrator
Must pay the Must pay the No obligation
debts of the debts of the to
estate. ward. pay debts of
beneficiary or
trustor.