RULE ON GUARDIANSHIP OF MINORS - A.M. No.
03-02-05-SC
PETITION FOR APPOINTMENT OF GUARDIAN
WHO MAY FILE THE PETITION?
1. Any relative or other person on behalf of the minor
2. Minor himself if 14 years of age or over
3. Secretary of DSWD
4. Secretary of Health
(Section 2, AM NO. 03-02-05-SC)
VENUE
Family Court of the place where the MINOR RESIDES
(Section 3, AM NO. 03-02-05-SC)
GROUNDS OF THE PETITION
1. Death, continued absence or incapacity of his parents
2. Suspension, deprivation or termination of parental authority;
3. Remarriage of his surviving parent, if the latter is found unsuitable to
exercise parental authority; or
4. When the best interest of the minor so require.
(Section 4, AM NO. 03-02-05-SC)
WHAT TO CHECK IN THE PETITION
1. verified
2. certificate of non-forum shopping
(Section 7, AM NO. 03-02-05-SC)
QUALIFICATIONS OF GUARDIANS
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 minors; and
7. Ability to manage the property of the minor
(Section 5, AM NO. 03-02-05-SC)
RULE ON GUARDIANSHIP OF MINORS - A.M. No. 03-02-05-SC
ORDER OF PREFERENCE
1. parents
2. court-appointed guardian
3. surviving grandparent and in case several grandparents survive, the
court shall select any of them, taking into account all relevant
considerations
4. oldest brother or sister of the minor over 21 years of age, unless unfit or
disqualified
5. actual custodian of the minor over 21 years of age, unless unfit or
disqualified
6. any other person
(Section 6, AM NO. 03-02-05-SC )
TIME AND NOTICE OF HEARING
Upon receipt of petition, Court shall fix the TIME and PLACE of hearing,
and shall cause reasonable NOTICE to be given to the persons
mentioned in the petition, including the minor, if he is 14 years of age
or over
(Section 8, AM NO. 03-02-05-SC)
CASE STUDY REPORT
Court shall order a SOCIAL WORKER
1. to conduct a CASE STUDY of the MINOR and all the prospective
GUARDIANS
2. to submit his REPORT and RECOMMENDATION before the hearing
*Social worker may intervene on behalf of the minor if he finds that
the petition should be denied
(Section 9, AM NO. 03-02-05-SC -SC)
IF MINOR IS A NON-RESIDENT AND HAS PROPERTY IN PHIL.
WHO MAY FILE?
1. any relative of the minor
2. any friend of the minor
3. anyone interested in his property, in expectancy or otherwise
NOTICE OF HEARING shall be given to minor through PUBLICATION or
any other means, as the court may deem proper
The Court may DISPENSE with the presence of the non-resident minor
(Section 12, AM NO. 03-02-05-SC)
OPPOSITION TO PETITION
ANY INTERESTED PERSON may contest the petition by filing a written
opposition on grounds such as
a. majority of the minor
b. unsuitability of the person for whom letters are prayed
(Section 10, AM NO. 03-02-05-SC )
RULE ON GUARDIANSHIP OF MINORS - A.M. No. 03-02-05-SC
HEARING AND ISSUANCE OF LETTER OF GUARDIANSHIP
*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
*If warranted, the Court shall appoint a suitable guardian of the
person or property or both, of the minor
* At the discretion of the court, the hearing on guardianship may be
closed
(Section 11, AM NO. 03-02-05-SC )
SERVICE OF FINAL AND EXECUTORY JUDGMENT OR ORDER
FINAL and EXECUTORY JUDGMENT shall be served upon the:
1) LOCAL CIVIL REGISTRAR of the place where the MINOR RESIDES
2) REGISTER OF DEEDS of the place where his property or part thereof is
situated
The RD shall annotate the judgment in the title of the property and
REPORT to the COURT his compliance within 15 DAYS from receipt
of the Order
(Section 13, AM NO. 03-02-05-SC)
BOND OF PARENTS AS GUARDIANS OF PROPERTY OF MINOR
IF THE MARKET VALUE OF THE PROPERTY EXCEEDS P50,000.00: Parent
shall furnish a bond in such amount as the court may determine BUT
it shall not be LESS THAN 10 % of the VALUE OF THE PROPERTY or
ANNUAL INCOME
VERIFIED PETITION FOR APPROVAL OF THE BOND shall be filed in the
Family Court where the child resides or if child resides in a foreign
country, in the PLACE WHERE THE PROPERTY OR ANY PART THEREOF
IS SITUATED
Petition shall be docketed as SUMMARY SPECIAL PROCEEDING, in which
all incidents and issues shall be heard and resolved
(Section 16, AM NO. 03-02-05-SC)
RULE ON GUARDIANSHIP OF MINORS - A.M. No. 03-02-05-SC
BOND OF GUARDIAN
Before entering the execution of his trust, or letter of
guardianship issue, the appointed guardian MAY BE REQUIRED TO
POST A BOND in such sum as the Court shall determine, conditioned
as follows:
a) to make and return to the court, WITHIN 3 MONTHS, after the
issuance of the LOG, a TRUE and COMPLETE INVENTORY of all the
properties, real or personal of his ward, which shall come to his
possession or knowledge, or 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 interest of
the ward and to provide for his proper care, custody and educations;
c) to render a true and just account of all the property of the ward
in his hands, and 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
d) to perform all orders of the court and such other duties as may
GENERAL DUTIES OF GUARDIAN
(a) To PAY JUST DEBTS, with PERSONAL PROPERTY, if not
sufficient, with proceeds from SALE or ENCUMBRANCE of REAL
PROPERTY;
(b) To SETTLE all accounts, DEMAND and SUE, RECEIVE all
debts due him, or MAY, WITH THE APPROVAL OF THE COURT
to COMPOUND for the same and GIVE DISCHARGES and to
REPRESENT the ward in all actions, UNLESS ANOTHER
PERSON IS APPOINTED for that purpose;
(c) TO MANAGE PROPERTY of WARD, apply income and profits
for his COMFORTABLE and SUITABLE MAINTAINANCE;
(d) To CONSENT to PARTITION, UPON AUTHORITY
GRANTED BY THE COURT after hearing, notice to relatives of
BOND OF GUARDIAN
the ward, and a careful investigation as to the necessity and
propriety of the proposed action;
Before entering the execution of his trust, or letter of guardianship
(e) Toissue, the appointed
SUBMIT a VERIFIEDguardian MAY BE REQUIRED
INVENTORY TO POSTofAthe
of the properties BOND in
wardsuch
WITHIN
sum as3 the
MONTHS
Court shall
fromdetermine,
his appointment
conditioned
andasANNUALLY
follows:
THEREAFTER;
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(f) Toissuance
REPORT of DISCOVERED
the LOG, a TRUE and COMPLETE
PROPERTY, INVENTORY oftoall the
or SUCCEEDED
or ACQUIRED by the
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or personal 3 MONTHS
of his ward, after come
which shall such to his
discovery, succession, or acquisition; and
possession or knowledge, or any other person in his behalf
b) to faithfully
(g) To RENDER to theexecute the duties
court FOR of his trust, toanmanage
ITS APPROVAL and dispose
accounting
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of the propertyONE YEARtoFROM
according HIS
this Rule for APPOINTMENT
the best interest ofand
the ward
EVERY YEAR THEREAFTER.
and to provide for his proper care, custody and educations;
(Section 17, AM NO. 03-02-05-SC)
c) to render a true and just account of all the property of the ward in
his hands, and 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
RULE ON GUARDIANSHIP OF MINORS - A.M. No. 03-02-05-SC
POWER AND DUTY OF THE COURT
(a) Request the ASSISTANCE OF ONE OR MORE
COMMISSIONERS in the APPRAISAL of PROPERTIES;
(b) AUTHORIZE REIMBURSEMENT to the guardian , other than
a parent, and ALLOW PAYMENT OF COMPENSATION, not
exceeding 10 % of the income of the ward or in a
REASONABLE AMOUNT as the Court may determine;
(c) Upon complaint of the guardian or ward, REQUIRE a PERSON
TO APPEAR FOR EXAMINATION and ISSUE such orders AS
WOULD SECURE THE PROEPRTY AGAINST EMBEZZLEMENT,
CONCEALMENT or CONVEYANCE
(Section 18, AM NO. 03-02-05-SC)
PETITION TO SELL OR ENCUMBER PROPERTY
A VERIFIED PETITION may be filed when the interest of the ward
needs that his property be sold or encumbered.
It contains a prayer for an order to be issued AUTHORIZING THE
SALE or ENCUMBRANCE of a property.
(Section 18, AM NO. 03-02-05-SC)
ORDER TO SHOW CAUSE
(NOTICE OF HEARING)
If the sale is NECESSARY or BENEFICIAL to the ward, the COURT
SHALL ORDER HIS NEXT OF KIN and ALL PERSONS INTERESTED in
the PROPERTY to APPEAR at a hearing and SHOW CAUSE WHY THE
PETITION SHOULD NOT BE GRANTED.
(Section 20, AM NO. 03-02-05-SC)
HEARING ON RETURN OF ORDER
The Court shall HEAR the allegations and evidence of PETITIONER
and NEXT OF KIN and other PERSONS interested, together with
their witnesses and GRANT or DENY the PETITION as the BEST
INTEREST of the ward may require.
(Section 21, AM NO. 03-02-05-SC)
CONTENTS OF THE ORDER
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 MANNER OF PAYMENT IS DEFERRED.
GROUNDS FOR REMOVAL OR RESIGNATION OF GUARDIAN
The ORIGINAL BOND shall stand as SECURITY for the PROPER
TheAPPROPRIATION
Court may, aupon REASONABLE NOTICE, REMOVE
OF THE PROCEEDS, a guardian
but the and
court may,
REQUIREAN
REQUIRE him to surrenderBOND
ADDITIONAL the property on the grounds
as a condition for theofsale or
1. insanity
encumbrance.
2. incapacity
The AUTHORITY TO SELL OR ENCUMBER shall NOT extend
3.unsuitable
BEYOND
4. wasted 1 YEAR, unless
or mismanaged therenewed
propertyby
of the
the court.
ward
5. failed to render an account or make a return for 30 days after it is
(Section 22, AM NO. 03-02-05-SC)
due
(Section 24, AM NO. 03-02-05-SC)
