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Specpro Bar Reviewer - Part II. Guardianship - Coggle Diagram

- - - - 3. General Powers and Duties of Guardians (Rule 96)
        
        4. Termination of Guardianship (Rule 97)
        
        Temporary nature of Guardianship - When the minority has passed or the incapacity has ceased, guardianship also terminates.
        
        Who may file Petition to Restore Capacity - Person previously declared incompetent, his guardian, relative or friend
        
        Nature of Petition to Determine Competency (97.1) - Guardian or ward need not institute another proceeding for the declaration of the ward’s competency. This is considered a continuation of the guardianship proceedings.
        
        Contents of Petition - Verified by oath and shall state the person is competent
        
        1 more item...
        
        Removal/Resignation of Guardian (97.2) -
        
        Guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefore
        
        Guardian has wasted or mismanaged the estate
        
        The guardian failed for 30 days after it is due to render an account or make a return
        
        6 more items...
        
        Grounds for Termination of Guardianship (97.1) -
        
        Incompetent -
        
        Ward has been determined to be competent by the guardianship court
        
        Guardianship is no longer necessary
        
        Death of the guardian or ward
        
        Minor -
        
        Ward attains the age of majority
        
        Ward gets married or becomes voluntarily emancipated
        
        Guardian or ward has died
        
        General Powers and Duties 96.1 - A guardian appointed shall shall have any of the following:
        
        Care and custody of person of his ward and management of his estate, or
        
        Management of estate only
        
        Management of property within Philippines (in case of non-resident ward)
        
        Summary of Powers and Duties -
        
        Care and custody of the ward, the management of his estate, or both
        
        Payment of the ward’s just debts out of his personal estate, and the income of his real estate, if sufficient
        
        Settle accounts, collect debts, and appear in actions of the ward
        
        Manage the estate frugally and apply proceeds to the ward’s maintenance
        
        Join in partition proceedings on behalf of the ward after hearing
        
        Render an inventory within 3 months after his appointment and annually after such appointment → these must be under oath
        
        Render an account to the court after one year from his appointment, and as often thereafter as may be required
        
        Specific Powers and Duties of Guardians -
        
        PAY DEBTS - To pay just debts of ward out of
        Personal estate and income of his real estate of the ward
        
        If that is not sufficient, real property of ward upon obtaining an order for its sale or encumbrance [Sec. 2, Rule 96]
        
        SETTLE ACCOUNTS - To settle all accounts of his ward [Sec. 3, Rule 96]
        
        COLLECT DEBT DUE TO WARD OR CONDONE IT WITH COURT APPROVAL - To demand, sue for, and receive all debts due him, or, with the approval of the court, compound for the same and give discharges to debtor, on receiving a fair and just dividend of estate and effects [Sec. 3, Rule 96]
        
        APPEAR AND REPRESENT WARD IN ALL ACTIONS -
        
        GR - To appear for and represent ward in all actions and special proceedings,
        
        XCPN unless another person is appointed for that purpose (guardian ad litem) [Sec. 3, Rule 96]
        
        MANAGE PROPERTY AND APPLY PROFIT TO MAINTAIN WARD AND HIS FAMILY - To manage property of ward frugally and without waste, and apply income and profits thereon, insofar as may be necessary, to comfortable and suitable maintenance of ward and his family. If such income and profits be insufficient for that purpose, to sell or encumber the real estate, upon being authorized by the court to do so, and apply proceeds to such maintenance [Sec. 4, Rule 96]
        
        AGREE TO PARTITION OF WARD’S PROPERTY - To assent to 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 ward, and
        
        Careful investigation as to the necessity and propriety of proposed action [Sec. 5, Rule 96]
        
        SUBMIT INVENTORY - To submit to court a verified sworn inventory of the property of the ward either:
        
        Within 3 months, after appointment and after the discovery, succession or acquisition of property of the ward not included in the inventory, and
        
        Annually
        
        RENDER SWORN ACCOUNT - To render sworn account to court for settlement and allowance
        
        Annually after appointment, which may be compelled upon application of an interested person [Sec. 7-8, Rule 96]
        
        As often as may be required after one year from appointment [Sec. 8, Rule 96]
        
        In case of embezzlement of ward’s properties (96.6) - Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment or conveyance.
      - RULE 93 Appointment of Guardians -
        
        Objects of Guardianship Appointment -
        
        Determine whether the person is indeed incompetent who has no capacity to care for himself and/or properties
        
        Determine who is most qualified to be appointed as guardian.
        
        Summary of Procedure for Appointment of Guardians -
        
        Filing of petition for appointment [Sec.1]
        
        Court will then issue an order setting the time for hearing [Sec. 3]
        
        Sending of reasonable notice to the incompetent and persons mentioned in the petition [Sec. 3.]
        
        Publication NOT required if incompetent is a resident of the PH
        
        Notice by publication MAY be required if incomptent is non-resident of the PH
        
        Filing of the written opposition [Sec.4]
        
        Conduct of the hearing where the alleged incompetent must be present if able to attend [Sec. 5]
        
        If court decides that person is incompetent, it would appoint a suitable guardian of his person, estate or both.
        
        Final orders and judgments shall be served upon the Civil Register where the incompetent resides or where his property is situated [Sec. 8]
        
        Parents as Guardians (93.7) - Now revised by Art. 225 of the FC, which provides that
        
        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 such amount as the court may determine, but not less than ten per centum (10%) of the value of the 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 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.
        
        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 Article shall be heard and resolved.
        
        The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.
        
        GR: Ordinary rules on guardianship are suppletory to the special summary proceeding under the FC.
        
        EXC: The ordinary rules on guardianship shall apply in the following instances:
        
        (1) When the child is under substitute parental authority
        
        (2) Guardian is a stranger
        
        (3) Parent has remarried
        
        Where Ward is a Resident (93.1) - The person who files differs depending if the ward is a minor or an incompetent.
        
        Rationale - The Rules assume that these people are those who could best help the RTC settle such issues given that they are those who are closest or most familiar with the supposed minor or incompetent.
        
        Contents of Petition 93.2 -
        
        Notice of Hearing for Petition 93.3 - Served on:
        
        the persons mentioned (persons taking care of incompetent in the petition residing in the province AND
        
        the minor if above 14 years or the incompetent himself
        
        Service of notice to the minor above 14 or incompetent is jurisdictional.
        
        Without such notice, the court acquires no jurisdiction to appoint a guardian.
        
        Filing of Opposition 93.4 - Any interested person may, by filing a written opposition, contest the petition
        
        Hearing and Issuance of Letters 93.5 - 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.
        
        Thereupon the courts 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 be appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified
        
        2 more items...
        
        Grounds for Opposition -
        
        Age of majority of the alleged minor
        
        Competency of the alleged incompetent
        
        Unsuitability of the person for whom letters are prayed for
        
        2 more items...
        
        Publication Not Required - Unlike in other types of special proceedings, publication is NOT required in a petition for appointment of guardians.
        
        A notice of hearing of the petition served on persons mentioned in the petition
        
        Bautista reviewer: This is the biggest difference between settlement of estate and guardianship. Hence, guardianship is NOT an in rem proceeding
        
        For Incompetent -
        
        Jurisdictional Facts - Incompetence and residence.
        
        Names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care
        
        Probative value and character of his estate
        
        Name of person for whom letters of guardianship are prayed for
        
        For Minor -
        
        Name, age, and residence of ward
        
        Ground rendering the appointment necessary or convenient
        
        Death of the parents of the minor, or the termination, deprivation or suspension of their parental authority
        
        Remarriage of the minor’s surviving parent
        
        Names, ages, and residences of relatives within the 4th civil degree of the minor and of persons having him in their care and custody
        
        probative value, character, and location of the property of the minor
        
        Name, age and residence of the person for whom letters are prayed for.
        
        Minor -
        
        Relative
        
        Other person on behalf of the minor
        
        Minor himself if 14 years old and above
        
        DSWD and DOH Secretary in case of an insane minor who needs to be hospitalized
        
        Anyone interested in the estate
        
        Incompetent -
        
        Relative living in the same province
        
        Friend
        
        Other person on behalf of the incompetent who has no parent or lawful guardian
        
        Director of Health in favor of insane person who should be hospitalized or for insane leper
        
        Anyone interested in the estate
    - - Where Filed - RTCs have jurisdiction over guardianship under the ROC.
        
        When ward is resident: RTC in the province where the ward resides
        
        When ward resides in a foreign country: RTC in the province where the property is situated
        
        Transfer of Venue (92.3) - The court with jurisdiction may transfer the proceeding to the court of another province in the following instances:
        
        When the ward acquired property in another province or municipality
        
        When the ward transferred his bona fide residence
        
        Effect of Transfer - Upon the transfer, the latter court shall have full jurisdiction to continue the proceedings, without the payment of additional court fees.
      - Definition of Incompetent 92.2 - includes the following:
        
        Persons suffering under the penalty of civil interdiction
        
        Hospitalized lepers
        
        Prodigals
        
        Deaf and dumb who are unable to read and write
        
        Those of unsound mind, even though they have lucid intervals
        
        Persons not being of unsound mind, but by reason of age, disease, weak mind or other similar causes, cannot, without outside aid, take care of themselves and manage their properties, becoming thereby an easy prey for deceit and exploitation.
        
        Determination of Incompetency - A finding that a person is incompetent should be anchored on clear, positive and definite evidence.