RULE ON GUARDIANSHIP OF MINORS (c) remarriage of his surviving parent, if the

latter Is found unsuitable to exercise

Section 1. Applicability of the Rule. – This parental authority; or
Rule shall apply to petitions for (d) when the best interests of the minor so
guardianship over the person or property, require. cralaw

or both, of a minor. chan robles virtual law library Sec. 5. Qualifications of guardians. – In

The father and the mother shall jointly appointing a guardian, the court shall
exercise legal guardianship over the person consider the guardian’s: chanroblesvirtuallawlibrary

and property of their unemancipated (a) moral character; chan robles virtual law library
common child without the necessity of a (b) physical, mental and psychological
court appointment. In such case, this Rule condition;
shall be suppletory to the provisions of the (c) financial status;
Family Code on guardianship. cralaw (d) relationship of trust with the minor; chan
robles virtual law library
Sec. 2. Who may petition for appointment
of guardian. – On grounds authorized by (e) availability to exercise the powers and
law, any relative or other person on behalf duties of a guardian for the full period of
of a minor, or the minor himself if fourteen the guardianship;
years of age or over, may petition the (f) lack of conflict of interest with the minor;
Family Court for the appointment of a and  cralaw

general guardian over the person or (g) ability to manage the property of the
property, or both, of such minor. The minor. cralaw

petition may also be filed by the Secretary Sec. 6. Who may be appointed guardian of
of Social Welfare and Development and by the person or property, or both, of a minor.
the Secretary of Health in the case of an – In default of parents or a court-appointed
insane minor who needs to be guardian, the court may appoint a guardian
hospitalized. chan robles virtual law library of the person or property, or both, of a
Sec. 3. Where to file petition. – A petition minor, observing as far as practicable, the
for guardianship over the person or following order of preference: chanroblesvirtua llawlibrary

property, or both, of a minor may be filed in (a) the surviving grandparent and In case
the Family Court of the province or city several grandparents survive, the court shall
where the minor actually resides. If he select any of them taking Into account all
resides in a foreign country, the petition relevant considerations;
shall be flied with the Family Court of the (b) the oldest brother or sister of the minor
province or city where his property or any over twenty-one years of age, unless unfit
part thereof is situated. cralaw
or disqualified;
Sec. 4. Grounds of petition. - The grounds (c) the actual custodian of the minor over
for the appointment of a guardian over the twenty-one years of age, unless unfit or
person or property, or both, of a minor are disqualified; and  cralaw

the following: chanroblesvirtua llawlibrary

(d) any other person, who in the sound
(a) death, continued absence, or incapacity discretion of the court, would serve the best
of his parents; interests of the minor. cralaw

(b) suspension, deprivation or termination Sec. 7. Contents of petition. – A petition for

of parental authority; chan robles virtual law library the appointment of a general guardian must
allege the following: chanroblesvirtuallawlibrary
(a) The jurisdictional facts; Sec. 10. Opposition to petition. – Any
(b)  The name, age and residence of the interested person may contest the petition
prospective ward; chan robles virtual law library by filing a written opposition based on such
(c)  The ground rendering the appointment grounds as the majority of the minor or the
necessary or convenient; chan robles virtual law library unsuitability of the person for whom letters
(d) The death of the parents of the minor or are prayed, and pray that the petition be
the termination, deprivation or suspension denied, or that letters of guardianship issue
of their parental authority; to himself, or to any suitable person named
(e) The remarriage of the minor’s surviving in the opposition. cralaw

parent; Sec. 11. Hearing and order for letters to

(f) The names, ages, and residences of issue. – At the hearing of the petition, it
relatives within the 4th civil degree of the must be shown that the requirement of
minor, and of persons having him in their notice has been complied with. The
care and custody; prospective ward shall be presented to the
(g) The probable value, character and court. The court shall hear the evidence of
location of the property of the minor; and  cralaw the parties in support of their respective
(h) The name, age and residence of the allegations. If warranted, the court shall
person for whom letters of guardianship are appoint a suitable guardian of the person or
prayed. cralaw property, or both, of the minor. chan robles virtual
law library
The petition shall be verified and
accompanied by a certification against At the discretion of the court, the hearing
forum shopping. However, no defect in the on guardianship may be closed to the public
petition or verification shall render void the and the records of the case shall not be
issuance of letters of guardianship. released without its approval. cralaw

Sec. 8. Time and notice of hearing. – When Sec. 12. When and how a guardian of the
a petition for the appointment of a general property for non-resident minor is
guardian is filed, the court shall fix a time appointed; notice. – When the minor
and place for its hearing, and shall cause resides outside the Philippines but has
reasonable notice to be given to the property in the Philippines, any relative or
persons mentioned in the petition, friend of such minor, or any one interested
including the minor if he is fourteen years of in his property, in expectancy or otherwise,
age or over, and may direct other general or may petition the Family Court for the
special notice to be given. cralaw
appointment of a guardian over the
Sec. 9. Case study report. – The court shall property. cralaw

order a social worker to conduct a case Notice of hearing of the petition shall be
study of the minor and all the prospective given to the minor by publication or any
guardians and submit his report and other means as the court may deem proper.
recommendation to the court for its The court may dispense with the presence
guidance before the scheduled hearing. The of the non-resident minor. cralaw

social worker may intervene on behalf of If after hearing the court is satisfied that
the minor if he finds that the petition for such non-resident is a minor and a guardian
guardianship should be denied. chan robles virtual is necessary or convenient, it may appoint a
law library guardian over his property. chan robles virtual law
library
Sec. 13. Service of final and executory (d)     To perform all orders of the court and
judgment or order. – The final and such other duties as may be required by
executory judgment or order shall be law. cralaw

served upon the Local Civil Registrar of the Sec. 15. Where to file the bond; action
municipality or city where the minor resides thereon. – The bond posted by a guardian
and the Register of Deeds of the place shall be filed in the Family Court and, In
where his property or part thereof is case of breach of any of its conditions, the
situated shall annotate the same in the guardian may be prosecuted in the same
corresponding title, and report to the court proceeding for the benefit of the ward or of
his compliance within fifteen days from any other person legally interested in the
receipt of the order.cralaw property.
Sec. 14. Bond of guardian; amount; Whenever necessary, the court may require
conditions. - Before he enters upon the the guardian to post a new bond and may
execution of his trust, or letters of discharge from further liability the sureties
guardianship issue, an appointed guardian on the old bond after due notice to
may be required to post a bond in such sum interested persons, if no injury may result
as the court shall determine and therefrom to those interested in the
conditioned as follows: chanroblesvirtua llawlibrary property. chan robles virtual law library
(a)     To make and return to the court, Sec. 16. Bond of parents as guardians of
within three months after the issuance of property of minor. – If the market value of
his letters of guardianship, a true and the property or the annual Income of the
complete Inventory of all the property, real child exceeds P50,000.00, the parent
and personal, of his ward which shall come concerned shall furnish a bond In such
to his possession or knowledge or to the amount as the court may determine, but in
possession or knowledge of any other no case less than ten per centurn of the
person in his behalf; value of such property or annual income, to
(b)     To faithfully execute the duties of his guarantee the performance of the
trust, to manage and dispose of the obligations prescribed for general
property according to this rule for the best guardians. cralaw

interests of the ward, and to provide for his A verified petition for approval of the bond
proper care, custody and education; shall be flied in the Family Court of the
(c)     To render a true and Just account of all place where the child resides or, if the child
the property of the ward in his hands, and resides in a foreign country, in the Family
of all proceeds or interest derived Court of the place where the property or
therefrom, and of the management and any part thereof is situated.cralaw

disposition of the same, at the time The petition shall be docketed as a

designated by this rule and such other times summary special proceeding In which all
as the court directs; and at the expiration of incidents and issues regarding the
his trust, to settle his accounts with the performance of the obligations of a general
court and deliver and pay over all the guardian shall be heard and resolved. chan
robles virtual law library
property, effects, and monies remaining in
his hands, or due from him on such Sec. 17. General duties of guardian. – A
settlement, to the person lawfully entitled guardian shall have the care and custody of
thereto; and chan robles virtual law library the person of his ward and the
management of his property, or only the may be required upon the application of an
management of his property. The guardian interested person; chan robles virtual law library
of the property of a nonresident minor shall (f) To report to the court any property of
have the management of all his property the ward not included in the inventory
within the Philippines. cralaw which is discovered, or succeeded to, or
A guardian shall perform the following acquired by the ward within three months
duties:
chanroblesvirtuallawlibrary after such discovery, succession, or
(a) To pay the just debts of the ward out of acquisition; and  cralaw

the personal property and the income of (g) To render to the court for its approval an
the real property of the ward, If the same is accounting of the property one year from
sufficient; otherwise, out of the real his appointment, and every year thereafter
property of the ward upon obtaining an or as often as may be required. cralaw

order for its sale or encumbrance; Sec. 18. Power and duty of the court – The
(b) To settle all accounts of his ward, and court may: chan robles virtual law library
demand, sue for, receive all debts due him, (a)  Request the assistance of one or more
or may, with the approval of the court, commissioners in the appraisal of the
compound for the same and give discharges property of the ward reported in the initial
to the debtor on receiving a fair and just and subsequent inventories;
dividend of the property and effects; and to (b)  Authorize reimbursement to the
appear for and represent the ward in all guardian, other than a parent, of
actions and special proceedings, unless reasonable expenses incurred in the
another person is appointed for that execution of his trust, and allow payment of
purpose; compensation for his services as the court
(c) To manage the property of the ward may deem just, not exceeding ten per
frugally and without waste, and apply the centum of the net income of the ward, if
income and profits thereon, insofar as may any; otherwise, in such amount the court
be necessary, to the comfortable and determines to be a reasonable
suitable maintenance of the ward; and if compensation for his services; and  cralaw

such income and profits be insufficient for (c) Upon complaint of the guardian or ward,
that purpose, to sell or encumber the real or of any person having actual or
or personal property, upon being prospective interest in the property at the
authorized by the court to do so; ward, require any person suspected of
(d) To consent to a partition of real or having embezzled, concealed, or disposed
personal property owned by the ward of any money, goods or interest, or a
jointly or in common with others upon written instrument belonging to the ward or
authority granted by the court after his property to appear for examination
hearing, notice to relatives of the ward, and concerning any thereof and issue such
a careful investigation as to the necessity orders as would secure the property against
and propriety of the proposed action; such embezzlement, concealment or
(e) To submit to the court a verified conveyance. cralaw

inventory of the property of his ward within Sec. 19. Petition to sell or encumber
three months after his appointment, and property. - When the income of a property
annually thereafter, the rendition of which under guardianship is insufficient to
maintain and educate the ward, or when it
is for his benefit that his personal or real encumbrance, but the court may, if deemed
property or any part thereof be sold, expedient, require an additional bond as a
mortgaged or otherwise encumbered, and condition for the sale or encumbrance. The
the proceeds invested in safe and authority to sell or encumber shall not
productive security, or in the improvement extend beyond one year, unless renewed by
or security of other real property, the the court. chan robles virtual law library
guardian may file a verified petition setting Sec. 23. Court may order investment of
forth such facts, and praying that an order proceeds and direct management of
issue authorizing the sale or encumbrance property. – The court may authorize and
of the property. chan robles virtual law library require the guardian to invest the proceeds
Sec. 20. Order to show cause. – If the sale or of sales or encumbrances, and any other
encumbrance is necessary or would be money of his ward in his hands, in real or
beneficial to the ward, the court shall order personal property, for the best interests of
his next of kin and all person/s interested in the ward, and may make such other orders
the property to appear at a reasonable time for the management, investment, and
and place therein specified and show cause disposition of the property and effects, as
why the petition should not be granted. cralaw circumstances may warrant. cralaw

Sec. 21. Hearing on return of order; costs. – Sec. 24. Grounds for removal or resignation
At the time and place designated in the of guardian. – When a guardian becomes
order to show cause, the court shall hear insane or otherwise incapable of
the allegations and evidence of the discharging his trust or is found thereafter
petitioner and next of kin, and other to be unsuitable, or has wasted or
persons interested, together with their mismanaged the property of the ward, or
witnesses, and grant or deny the petition as has failed to render an account or make a
the best interests of the ward may require. cralaw return for thirty days after it is due, the
Sec. 22. Contents of order for sale or court may, upon reasonable notice to the
encumbrance and its duration; bond. – If, guardian, remove him as such and require
after full examination, it is necessary, or him to surrender the property of the ward
would be beneficial to the ward, to sell or to the person found to be lawfully entitled
encumber the property, or some portion of thereto.cralaw

it, the court shall order such sale or The court may allow the guardian to resign
encumbrance the proceeds of which shall for justifiable causes. cralaw

be expended for the maintenance or the Upon the removal or resignation of the
education of the ward, or invested as the guardian, the court shall appoint a new
circumstances may require. The order shall one. chan robles virtual law library
specify the grounds for the sale or No motion for removal or resignation shall
encumbrance and may direct that the be granted unless the guardian has
property ordered sold be disposed of at submitted the proper accounting of the
public sale, subject to such conditions as to property of the ward and the court has
the time and manner of payment, and approved the same. cralaw

security where a part of the payment is Sec. 25. Ground for termination of
deferred. The original bond of the guardian guardianship. – The court motu proprio or
shall stand as security for the proper upon verified motion of any person allowed
appropriation of the proceeds of the sale or to file a petition for guardianship may
terminate the guardianship on the ground final and executory judgment or order in
that the ward has come of age or has died. the appropriate books in their offices. cralaw

The guardian shall notify the court of such Sec. 27. Effect of the rule. – This Rule
fact within ten days of its occurrence.
cralaw amends Rules 92 to 97 inclusive of the Rules
Sec. 26. Service of final and executory of Court on guardianship of minors.
judgment or order. – The final and Guardianship of incompetents who are not
executory judgment or order shall be minors shall continue to be under the
served upon the Local Civil Registrar of the jurisdiction of the regular courts and
municipality or city where the minor resides governed by the Rules of Court. chan robles virtual
law library
and the Register of Deeds of the province or
city where his property or any part thereof Sec. 28. Effectivity. -  This Rule shall take
is situated. Both the Local Civil Registrar effect on May 1, 2003 following its
and’ the Register of Deeds shall enter the publication in a newspaper of general
circulation not later than April 15, 2003.