Special Rules and Proceedings: Rule 92

 General Guardians and Guardianship


GENERAL GUARDIANS AND GUARDIANSHIP

 and GUARDIANSHIP OF MINORS



Guardianship Defined

  • Guardianship is a trust relation in which one person, called a "guardian," acts for another, called a "ward," whom the law regards as incapable of managing his own affairs. 

  • A guardianship is designed to further the ward's well-being, not that of the guardian. 

  • It is intended to preserve the ward's property, as well as to render any assistance that the ward may personally require. 

  • In particular, a guardian is a person in whom the law has entrusted the custody and control of the person, estate, or both, of an infant, insane, or other person incapable of managing his own affairs. 

  • While custody involves immediate care and control, guardianship indicates not only those responsibilities but also those of one in loco parentis as well.

    • "In loco parentis" is a Latin phrase that translates to "in the place of a parent."


Basis of Guardianship

  • Where minors are involved, the State acts as parens patriae. It is the duty of the State to protect the rights of persons or individuals who, because of age or incapability, are in an unfavorable position vis-Γ -vis other parties.


Purpose and Nature of Guardianship

  • A guardian is appointed to safeguard the rights and interests of minors and incompetent persons, such that courts should be vigilant to ensure that the rights of such persons are properly protected. 

  • A guardianship is designed to further the ward's well-being, not that of the guardian. It is intended to preserve the ward's property, as well as to render any assistance that the ward may personally require. 

  • It has been stated that while custody involves immediate care and control, guardianship indicates not only those responsibilities but also those of one in loco parentis as well.


Removal of an Incompetent Guardian

  • A guardian is or becomes incompetent to serve the trust if he is disqualified by:

    1. mental incapacity, 

    2. conviction of crime,

    3. moral delinquency, or

    4. physical disability that prevents him from properly discharging the duties of his office. 

  • A guardian, once appointed, may be removed if:

    1. he becomes insane or otherwise incapable of discharging his trust, 

    2. is unsuitable for the role, 

    3. has wasted or mismanaged the estate, or 

    4. has failed for 30 days after it is due to render an account or make a return.


Factors in Selecting a Guardian


  • Since a guardianship proceeding is instituted for the benefit and welfare of the ward, the selection of a guardian must suit this purpose. 

  • In determining the selection of a guardian, the court may consider the:

    • financial situation, 

    • physical condition, 

    • sound judgment,

    • prudence,

    • trustworthiness,

    • morals,

    • character, and

    • conduct of the prospective appointee, as well as 

    • the probability of his ability to exercise the powers and duties of a guardian for the full period during which guardianship will be necessary.


Rule on Guardianship of Minors

  • Guardianship of minors, as distinguished from "incompetents" other than minority, is now governed by A.M. No. 003-03-05-SC, or the Rule on Guardianship of Minors, which took effect on May 1, 2003. 

  • This was promulgated by the Supreme Court pursuant to the Family Courts Act of 1997, which vested in the Family Courts exclusive jurisdiction over guardianship of minors.

  • Sections 1 and 27 of the Rule on Guardianship of Minors make it clear that it shall apply only to petitions for guardianship over the person, property, or both, of a minor. 

    • Petitions for guardianship of incompetents who are not minors shall continue to be governed by Rules 92-97 and heard and tried by regular Regional Trial Courts. 

  • Thus, Rules 92-97 may therefore be deemed modified by the Rule on Guardianship of Minors.

  • Aside from the Rule on Guardianship of Minors, the Supreme Court has issued the following rules pursuant to the Family Courts Act:

  1. Rule on Examination of a Child Witness (A.M. No. 00-4-07-SC), effective December 15, 2000

  2. Rule on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC), effective April 15, 2002

  3. Rule on Commitment of Children (A.M. No. 02-1-19-SC), effective April 15, 2002

  4. Rule on Domestic and Inter-Country Adoption (A.M. No. 02-6-02-SC), effective August 22, 2002

  5. Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC), effective March 15, 2003

  6. Rule on Legal Separation (A.M. No. 02-11-11-SC), effective March 15, 2003

  7. Rule on Provisional Orders (A.M. No. 02-11-12-SC), effective March 15, 2003

  8. Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Minors (A.M. No. 03-04-04-SC), effective May 15, 2003

  9. Rule on Violence Against Women and Their Children (A.M. No. 04-10-11-SC), effective November 15, 2004, following the enactment of RA 9262 (Anti-VAWC Law), effective March 27, 2004

  • For purposes of determining which rules shall apply, a minor refers to a person below 18 years of age. 

  • Rules 92-97 govern guardianship over incompetents, which include the following persons:

    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, and other similar causes, cannot, without outside aid, take care of themselves and manage their property.


Kinds of Guardians

  • There are three kinds of guardians:

    1. Legal guardians

    2. Guardian ad litem

    3. Judicial guardians

  • A legal guardian is such by provision of law without the need for judicial appointment. 

    • For instance, parents are the legal guardians over the persons of their minor children or in respect of their minor children's property where the value does not exceed P50,000.00.

  • A guardian ad litem is a competent person appointed by the court for purposes of a particular action or proceeding involving a minor.

  • A judicial guardian is a person appointed by the court for the person, property, or both of the ward to represent the latter in all acts and litigations.

  • In resolving whether to appoint a guardian ad litem for the respondent, the appellate court needed only to determine whether the individual for whom a guardian was proposed was so incapable of handling personal and financial affairs as to warrant the need for the appointment of a temporary guardian.

  • It only needed to make a finding that, based on clear and convincing evidence, the respondent is incompetent and that it is more likely than not that his welfare requires the immediate appointment of a temporary guardian. A finding that the person for whom a guardian ad litem is proposed is incapable of managing his own personal and financial affairs by reason of his mental illness is enough.

  • Guardians ad litem are considered officers of the court in a limited sense, and the office of such guardian is to represent the interest of the incompetent or the minor. Whether or not to appoint a guardian ad litem for the petitioners is addressed to the sound discretion of the court where the petition was filed, taking into account the best interest of the incompetent or the minor.

  • The court has discretion in appointing a guardian ad litem that will best promote the interest of justice. The appointment of a guardian ad litem is designed to assist the court in its determination of the incompetent's best interest.


Parents as Guardians

  • When the property of the child under parental authority is worth P2,000.00 or less, the father or the mother, without the necessity of court appointment, shall be his legal guardian.

  • When the property of the child is worth more than P2,000.00, the father or the mother shall be considered guardian of the child's property, with the duties and obligations of guardians under these Rules, and shall file the petition required by Section 2 hereof. For good reasons, the court may, however, appoint another suitable person.

  • This is deemed to have been modified by the Family Code (E.O. 209). Article 225 thereof provides:

    • "When the market value of the property or the annual income of the child exceeds P50,000.00, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but in no case less than ten percentum (10%) of the value of such property or annual income, to guarantee the performance of the obligations prescribed for general guardians."

  • A similar provision is found in the Rule on Guardianship of Minors, particularly in Section 16 thereof, which states:

    • "Sec. 16. Bond of parents as guardians of property of the 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 10% of the value of such property or annual income, to guarantee the performance of the obligations prescribed for general guardians."






RULE 92


Venue


Section 1. Where to institute proceedings. — 

Guardianship of a person or estate of a minor or incompetent  may be instituted in the Court of First Instance of the province,  or in the justice of the peace court of the municipality,  or in the municipal court chartered city where the minor or incompetent persons resides,  and if he resides in a foreign country,  in the Court of First Instance of the province  wherein his property or the party thereof is situated;  provided, however, that where the value of the property  that jurisdiction  of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance.


In the City of Manila the proceedings shall be instituted  in the Juvenile and Domestic Relations Court.



Venue

  • Regional Trial Courts have jurisdiction over guardianship proceedings under the Rules of Court. 

    • Where the ward is a resident, the proceedings should be filed in the Regional Trial Court in the province where such ward resides. 

    • If the ward resides in a foreign country, the petition must be filed in the Regional Trial Court of the province where his property is situated.


Section 2. Meaning of word "incompetent." — 

Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.


Meaning of "Incompetent"

  • The term "incompetent" includes:

  1. Persons suffering from civil interdiction

  2. Hospitalized lepers

  3. Prodigals (those who recklessly waste their resources)

  4. Deaf and dumb persons who cannot read and write

  5. Persons of unsound mind, even with lucid intervals

  6. Persons who are not of unsound mind but, due to:

    1. Age

    2. Disease

    3. Weak mind

    4. Similar causes,

Cannot take care of themselves or manage their property, making them vulnerable to deceit and exploitation

  • A finding that a person is incompetent should be anchored on clear, positive, and definite evidence.

  • Where the sanity of a person is at issue, expert opinion is not necessary, such that the observations of the trial judge, coupled with evidence establishing the person's state of mental sanity, will suffice.



Section 3. Transfer of venue. — 

The court taking cognizance of a guardianship proceeding, may transfer the same to the court of another province or municipality wherein the ward has acquired real property, if he has transferred thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees.


Transfer of Venue

  • When can the case be transferred?

    • If the ward transfers residence to another province/municipality where they acquire real property

  • Effect of Transfer:

  • The court in the new location assumes full jurisdiction over the case

  • No need to pay additional court fees for the transfer

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