Republic
of
the Philippines
Supreme
Court
Manila
A.M. NO.
03-02-05-SC
[MAY 01,
2003]
RE:
PROPOSED RULE
ON GUARDIANSHIP OF MINORS
R E S O
L U T
I O N
Acting on the letter
of the Chairman of the Committee on Revision of the Rules of Court
submitting
for this Court’s consideration and approval the Proposed Rule on
Guardianship
of Minors, the Court Resolved to APPROVE the same.
The Rule shall take
effect on May 1, 2003 following its publication in a newspaper of
general
circulation not later than April 15, 2003.chan
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April 1, 2003.
Davide,
Jr. C.J.,
Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Moralez,Callejo
Sr., Azcuna, JJ., concur
RULE
ON GUARDIANSHIP
OF MINORS
Section 1. Applicability
of the Rule. – This Rule shall apply to petitions for guardianship over
the person or property, or both, of a minor.chan
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The father and the
mother shall jointly exercise legal guardianship over the person and
property
of their unemancipated common child without the necessity of a court
appointment.
In such case, this Rule shall be suppletory to the provisions of the
Family
Code on guardianship.cralaw:red
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.chan
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Sec. 3. Where to
file petition. – A petition for guardianship over the person or
property,
or both, of a minor 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 flied with the Family Court of the province or
city
where his property or any part thereof is situated.cralaw:red
Sec. 4. Grounds of
petition. - The grounds for the appointment of a guardian over the
person
or property, or both, of a minor are the following:chanroblesvirtuallawlibrary
(a)
death,
continued absence, or incapacity of his parents;
(b)
suspension, deprivation
or termination of parental authority;chan
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(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.cralaw:red
Sec. 5.
Qualifications
of guardians. – In appointing a guardian, the court shall consider the
guardian’s:chanroblesvirtuallawlibrary
(a)
moral
character;chan robles
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law library
(b)
physical, mental
and psychological condition;
(c)
financial status;
(d)
relationship
of trust with the minor;chan
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(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 cralaw:red
(g)
ability to manage
the property of the minor.cralaw:red
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 court may appoint a guardian
of the person or property, or both, of a minor, observing as far as
practicable,
the following order of preference:chanroblesvirtuallawlibrary
(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 cralaw:red
(d) any
other person,
who in the sound discretion of the court, would serve the best
interests
of the minor.cralaw:red
Sec. 7.
Contents of
petition. – A petition for the appointment of a general guardian must
allege
the following:chanroblesvirtuallawlibrary
(a)
The
jurisdictional facts;
(b)
The name,
age and residence of the prospective ward;chan
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(c)
The ground
rendering the appointment necessary or convenient;chan
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(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 care and custody;
(g) The
probable
value, character and location of the property of the minor; and cralaw:red
(h) The
name, age
and residence of the person for whom letters of guardianship are prayed.cralaw:red
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. – When a petition for the appointment of a general
guardian
is filed, 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.cralaw:red
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.chan
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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.cralaw:red
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.chan
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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.cralaw:red
Sec. 12. When and
how a guardian of the property for non-resident 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 any one
interested
in his property, in expectancy or otherwise, may petition the Family
Court
for the appointment of a guardian over the property.cralaw:red
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.cralaw:red
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.chan
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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.cralaw:red
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:chanroblesvirtuallawlibrary
(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; andchan
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(d)
To perform all orders of the court and such other duties as may be
required
by law.cralaw:red
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.chan
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Sec. 16. Bond of
parents as guardians of property of minor. – If the market value of the
property or the annual Income of the child exceeds P50,000.00, the
parent
concerned shall furnish a bond In such amount as the court may
determine,
but in no case less than ten per centurn of the value of such property
or annual income, to guarantee the performance of the obligations
prescribed
for general guardians.cralaw:red
A verified petition
for approval of the bond shall be flied 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.cralaw:red
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.chan
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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. The guardian of the property of a nonresident minor
shall
have the management of all his property within the Philippines.cralaw:red
A guardian shall
perform the following duties:chanroblesvirtuallawlibrary
(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;chan
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(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 cralaw:red
(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.cralaw:red
Sec. 18. Power
and duty
of the court – The court may:chan
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(a)
Request the assistance of one or more commissioners in the appraisal of
the property of the ward reported in the initial and subsequent
inventories;
(b)
Authorize
reimbursement to the guardian, other than a parent, of reasonable
expenses
incurred in the execution of his trust, and allow payment of
compensation
for his services as the court may deem just, not exceeding ten per
centum
of the net income of the ward, if any; otherwise, in such amount the
court
determines to be a reasonable compensation for his services; and cralaw:red
(c) Upon
complaint
of the guardian or ward, or of any person having actual or prospective
interest in the property at the ward, require any person suspected of
having
embezzled, concealed, or disposed of any money, goods or interest, or a
written instrument belonging to the ward or his property to appear for
examination concerning any thereof and issue such orders as would
secure
the property against such embezzlement, concealment or conveyance.cralaw:red
Sec. 19.
Petition to
sell or encumber property. - When the income of a property under
guardianship
is insufficient to maintain and educate the ward, or when it is for his
benefit that his personal or real property or any part thereof be sold,
mortgaged or otherwise encumbered, and the proceeds invested in safe
and
productive security, or in the improvement or security of other real
property,
the guardian may file a verified petition setting forth such facts, and
praying that an order issue authorizing the sale or encumbrance of the
property.chan robles
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Sec. 20. Order to
show cause. – If the sale or encumbrance is necessary or would be
beneficial
to the ward, the court shall order his next of kin and all person/s
interested
in the property to appear at a reasonable time and place therein
specified
and show cause why the petition should not be granted.cralaw:red
Sec. 21. Hearing
on return of order; costs. – At the time and place designated in the
order
to show cause, the court shall hear the allegations and evidence of the
petitioner and next of kin, and other persons interested, together with
their witnesses, and grant or deny the petition as the best interests
of
the ward may require.cralaw:red
Sec. 22. Contents
of order for sale or encumbrance and its duration; bond. – If, after
full
examination, it is necessary, or would be beneficial to the ward, to
sell
or encumber the property, or some portion of it, the court shall order
such sale or encumbrance the proceeds of which shall be expended for
the
maintenance or the education of the ward, or invested as the
circumstances
may require. 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.chan
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Sec. 23. Court may
order investment of proceeds and direct management of property. – The
court
may authorize and require the guardian to invest the proceeds of sales
or encumbrances, and any other money of his ward in his hands, in real
or personal property, for the best interests of the ward, and may make
such other orders for the management, investment, and disposition of
the
property and effects, as circumstances may warrant.cralaw:red
Sec. 24. Grounds
for removal or resignation of guardian. – When a guardian becomes
insane
or otherwise incapable of discharging his trust or is found thereafter
to be unsuitable, or has wasted or mismanaged the property of the ward,
or has failed to render an account or 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.cralaw:red
The court may allow
the guardian to resign for justifiable causes.cralaw:red
Upon the removal
or resignation of the guardian, the court shall appoint a new one.chan
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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.cralaw:red
Sec. 25. Ground for
termination of guardianship. – The court motu proprio 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 age or has
died.
The guardian shall notify the court of such fact within ten days of its
occurrence.cralaw:red
Sec. 26. 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
province
or city where his property or any part thereof is situated. Both the
Local
Civil Registrar and’ the Register of Deeds shall enter the final and
executory
judgment or order in the appropriate books in their offices.cralaw:red
Sec. 27. Effect of
the rule. – This Rule amends Rules 92 to 97 inclusive of the Rules of
Court
on guardianship of minors. Guardianship of incompetents who are not
minors
shall continue to be under the jurisdiction of the regular courts and
governed
by the Rules of Court.chan
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Sec. 28. Effectivity.
- This Rule shall take effect on May 1, 2003 following its
publication
in a newspaper of general circulation not later than April 15, 2003.
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