Specpro Bar Reviewer - Part II. Guardianship

B. Guardianship

1. Venue (Rule 92)

2. Appointment of Guardians (Rule 93)

3. General Powers and Duties of Guardians (Rule 96)

4. Termination of Guardianship (Rule 97)

Rule 92 Venue (92.1) - Incapable of pecuniary estimation. Thus, RTC.

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:

  1. When the ward acquired property in another province or municipality
  2. 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:

  1. Persons suffering under the penalty of civil interdiction
  2. Hospitalized lepers
  3. Prodigals
  4. Deaf and dumb who are unable to read and write
  5. Those of unsound mind, even though they have lucid intervals
  6. 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.

RULE 93 Appointment of Guardians -

Objects of Guardianship Appointment -

  1. Determine whether the person is indeed incompetent who has no capacity to care for himself and/or properties
  2. Determine who is most qualified to be appointed as guardian.

Summary of Procedure for Appointment of Guardians -


  1. Filing of petition for appointment [Sec.1]
  2. Court will then issue an order setting the time for hearing [Sec. 3]
  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
  1. Filing of the written opposition [Sec.4]
  2. Conduct of the hearing where the alleged incompetent must be present if able to attend [Sec. 5]
  3. If court decides that person is incompetent, it would appoint a suitable guardian of his person, estate or both.
  4. 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.


  1. GR: Ordinary rules on guardianship are suppletory to the special summary proceeding under the FC.


  2. 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:

  1. the persons mentioned (persons taking care of incompetent in the petition residing in the province AND
  2. 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

Considerations for Appointment of Guardians - In the appointment of a guardian the courts should take into consideration the competency, character and financial condition of the prospective guardian.

  • No person should be appointed as guardian if his interests conflict with those of the ward or if he is a nonresident of the Philippines.
  • No grounds for incompetency like executors and administrators.

Issuance of Letters During Pendency of Appeal - SC upheld the execution pending appeal in the appointment of a guardian.

Conclusiveness of Judgment - There is no such identity between a special proceeding for the appointment of a guardian and a civil case where the validity of a contract entered into by the alleged incompetent person is challenged.

  • A petition for appointment of a guardian is a specpro without the usual parties in an ordinary civil case (Petitioner v. Respondent).
  • In the guardianship case, there was no named respondents

Procedure where the ward is a Non-resident (93.6) - If a person liable to be put under guardianship is a non-resident but, the estate is in the PH.

Who may File Petition -

  1. Relative
  2. Friend
  3. Any one interested in his estate, in expectancy or otherwise

Notice and Hearing - Notice must be given to the non-resident incompetent. This may be given by publication or otherwise.

Grounds for Opposition -

  1. Age of majority of the alleged minor
  2. Competency of the alleged incompetent
  3. Unsuitability of the person for whom letters are prayed for

Prayers of the Oppositor -

  1. Dismiss the petition for appointment (because competent naman)
  2. Issue the letters of guardian to himself, or to any other suitable person named in the opposition

IMPLIED MODIFICATION BY RULE ON GUARDIANSHIP OF MINORS - This rule is deemed modified by this Rule because the ground of majority of the alleged minor can only be raised before the Family Court.

  • Family Court has exclusive jurisdiction over the guardianship of minors.

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 -

  1. Jurisdictional Facts - Incompetence and residence.
  2. Names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care
  3. Probative value and character of his estate
  4. Name of person for whom letters of guardianship are prayed for

For Minor -

  1. Name, age, and residence of ward
  2. Ground rendering the appointment necessary or convenient
  3. Death of the parents of the minor, or the termination, deprivation or suspension of their parental authority
  4. Remarriage of the minor’s surviving parent
  5. Names, ages, and residences of relatives within the 4th civil degree of the minor and of persons having him in their care and custody
  6. probative value, character, and location of the property of the minor
  7. Name, age and residence of the person for whom letters are prayed for.

Minor -

  1. Relative
  2. Other person on behalf of the minor
  3. Minor himself if 14 years old and above
  4. DSWD and DOH Secretary in case of an insane minor who needs to be hospitalized
  5. Anyone interested in the estate

Incompetent -

  1. Relative living in the same province
  2. Friend
  3. Other person on behalf of the incompetent who has no parent or lawful guardian
  4. Director of Health in favor of insane person who should be hospitalized or for insane leper
  5. Anyone interested in the estate

General Powers and Duties 96.1 - A guardian appointed shall shall have any of the following:

  1. Care and custody of person of his ward and management of his estate, or
  2. Management of estate only
  3. Management of property within Philippines (in case of non-resident ward)

Summary of Powers and Duties -

  1. Care and custody of the ward, the management of his estate, or both
  2. Payment of the ward’s just debts out of his personal estate, and the income of his real estate, if sufficient
  3. Settle accounts, collect debts, and appear in actions of the ward
  4. Manage the estate frugally and apply proceeds to the ward’s maintenance
  5. Join in partition proceedings on behalf of the ward after hearing
  6. Render an inventory within 3 months after his appointment and annually after such appointment → these must be under oath
  7. 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 -

  1. 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]
  1. SETTLE ACCOUNTS - To settle all accounts of his ward [Sec. 3, Rule 96]
  1. 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]
  1. 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]
  1. 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]
  1. 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]
  1. 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
  1. 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.

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

Notice of Hearing - Notification to the ward and the guardian is required merely as an assurance that the individual concerned shall have cognizance of what is being done, and gives him an opportunity to advise the court

Nature of Notice Requirement - Procedural, not jurisdictional. Thus, lack of notice only affects validity of proceedings if it prejudices parties involved. Notice here is not intended as a personal service process in the sense necessary to give the court jurisdiction over the ward

  • Rationale - Guardianship court already had jurisdiction of the cause and the parties

Right to Contest - On the trial, the guardian or relatives of the ward, and, in the discretion of the court, any other person, may contest the right to the relief demanded, and witnesses may be called and examined by the parties or by the court on its own motion.

Effect of Finding of Competency - If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease

Removal/Resignation of Guardian (97.2) -

  1. Guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefore
  2. Guardian has wasted or mismanaged the estate
  3. The guardian failed for 30 days after it is due to render an account or make a return

Other Modes of Termination of Guardianship (97.3)

  • The marriage or voluntary emancipation of a minor ward terminates the guardianship of the person of the ward, and shall enable the minor to administer his property as though he were of age, but he cannot borrow the money or alienate or encumber real property without the consent of his father or mother, or guardian.
    • He can sue and be sued in court only with the assistance of his father, mother or guardian. The guardian of any person may be discharged by the court when it appears, upon the application of the ward or otherwise, that the guardianship is no longer necessary.

Records and Service of Judgment (97.4-97.5)

Section 4. Record to be kept by the justice of the peace or municipal judge. — When court takes cognizance, the record of the proceedings shall be kept as in the Court of First Instance.

Section 5. Service of judgment. — Final orders of judgments under this rule shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated.

Incompetent Guaridan -

  1. Mental incapacity
  2. Conviction of crime
  3. Moral delinquency
  4. Physical disability
  5. Wasted or mismanaged the estate
  6. Failed for 30 days after its due to render an account or make a return
  7. Conflict of Interest - such as in instances where a mother and the child as the heirs of the deceased husband
  8. Immoral Conduct - Must be a very strong case to justify removal.

Scope of Court Authority - Removal of the guardian is a matter of discretion of the court

  • But the discretion of the court is limited to inquiring into the existence of the any of the above grounds in the Rules and jurisprudence.

Care Required of Guardians - Ordinary prudence and care. If guardian acts as a prudent man of business would do under similar circumstances in the management of his own affairs, and within the scope of his authority and in good faith, he will not be held responsible if a loss results

Circumstances which have been regarded as neglect or misconduct or the guardian warranting removal:

  • Extravagnt Expindutres
  • Commingling of Funds

Procedure for Resignation - File petition fror permission to resign his trust.

  • Must state the grounds therefor
  • And accompanied by report of the state of his account, an offer to settle the account and deliver the estate over to the court

Partial Removal of Guardian - Where the interest of the infant so requires, a guardian may be retained as guardian of the person although removed as guardian of the estate

Grounds for Termination of Guardianship (97.1) -

  1. Incompetent -
  • Ward has been determined to be competent by the guardianship court
  • Guardianship is no longer necessary
  • Death of the guardian or ward
  1. Minor -
  • Ward attains the age of majority
  • Ward gets married or becomes voluntarily emancipated
  • Guardian or ward has died