Special Rules and Proceedings: Rule 93

RULE 93


Appointment of Guardians


  • The objectives of an RTC hearing a petition for appointment of a guardian under Rule 93 are:

    1. To determine whether a person is indeed a minor or an incompetent who has no capacity to care for himself and/or his properties.

    2. To determine who is most qualified to be appointed as his guardian.

  • Alamayri v. Pabale, G.R. No. 151243, April30, 2008.

  • This ruling is deemed modified by the Rule on Guardianshipof Minors, in that the RTC will only determine whether a person is an incompetent, as it is the Family Court which determines whether a person is a minor.



Section 1. Who may petition for appointment of guardian for resident. — 

Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper.


Who May Petition

  • The rules reasonably assume that the people who could best help the trial court settle such issues would be those closest to and most familiar with the supposed minor or incompetent, namely, his relatives living within the same province and/or the persons caring for him.

  • For an Incompetent Person: RFO-DA

    1. Relative

    2. Friend

    3. Other person on behalf of the incompetent who has no parent or lawful guardian

    4. Director of Health – in favor of an insane person who should be hospitalized or in favor of an isolated leper

    5. Any person interested in the estate

  • For a Minor: ROM-SA

    1. Relative 

    2. Other person on behalf of the minor

    3. The minor himself (if 14 years of age or over)

    4. Secretary of the Department of Social Welfare and Development (DSWD) and Secretary of the Department of Health (DOH) – in case of an insane minor who needs to be hospitalized

    5. Any person interested in the estate of a non-resident minor



Section 2. Contents of petition. — 

A petition for the appointment of a general guardian must show, so far as known to the petitioner:


(a) The jurisdiction facts;

(b) The minority or incompetency rendering the appointment necessary or convenient;

(c) The names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care;

(d) The probable value and character of his estate;

(e) The name of the person for whom letters of guardianship.


The petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship.


Contents of Petition

  • A petition for the appointment of a general guardian must include the following, as far as known to the petitioner:

    1. Jurisdictional facts –

    2. Minority or incompetency 

    3. Names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care

    4. Probable value and character of the estate

    5. Name of the person for whom letters of guardianship

  • The petition must be verified

  • Defects in the petition or verification do not invalidate the issuance of letters of guardianship


Jurisdictional Facts

  • The jurisdictional facts that must be alleged in a petition for appointment of a guardian are:

    1. The incompetency of the person for whom guardianship is sought.

    2. That the ward is domiciled in the Philippines.

  • However, the specific jurisdictional facts that must be alleged in the petition depend on whether the proposed ward is an incompetent or a minor.


Contents of a Petition

  • For an Incompetent Person:

    1. Jurisdictional facts

    2. Incompetency rendering the appointment necessary or convenient

    3. Names, ages, and residence of the relatives of the minor or incompetent and of the person having him in their care

    4. Probable value and character of his estate

    5. Name of the person for whom letters of guardianship are prayed


  • For a Minor:

    1. Jurisdictional facts

    2. Name, age, and residence of the prospective ward

    3. Ground rendering the appointment necessary or convenient

    4. Death of the parents of the minor or the termination, deprivation, or suspension of their parental authority

    5. Remarriage of the minor’s surviving parent

    6. Names, ages, and residences of relatives within the fourth civil degree of the minor, and of persons having him in their care and custody

    7. Probable value, character, and location of the property of the minor

    8. Name, age, and residence of the person for whom letters of guardianship are prayed



Section 3. Court to set time for hearing. Notice thereof. — 

When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age or the incompetent himself, and may direct other general or special notice thereof to be given.


Court to Set Time for Hearing and Notice

  • Once the petition is filed, the court shall set a time and place for the hearing

  • Persons to be notified:

    • Those mentioned in the petition residing in the province

    • The minor (if 14 years old or above) or the incompetent

  • The court may order other general or special notices to be given


Notice of Application and Hearing

  • 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 the persons mentioned in the petition who are residing in the Philippines, as well as on the incompetent himself, is sufficient for the court to acquire jurisdiction.


Notice as a Jurisdictional Requirement

  • Service of notice upon the minor (if 14 years of age or over) or upon the incompetent is jurisdictional.

  • Without such notice, the court acquires no jurisdiction to appoint a guardian.

  • The rules do not require that creditors of the minor or incompetent be identified and notified. 

  • The reason is simple: their presence is not essential to the proceedings for appointment of a guardian. They may argue that the supposed minor or incompetent is actually capacitated to enter into contracts to preserve the validity of said contracts and keep the supposed minor or incompetent obligated to comply with them.



Section 4. Opposition to petition. — 

Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the insuitability of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.


Opposition to Petition

  • Any interested person may file a written opposition

  • Grounds for opposition:

    • The alleged minor is actually of legal age

    • The alleged incompetent is actually competent

    • The proposed guardian is unsuitable

  • Relief that may be sought in the opposition:

    • Dismissal of the petition

    • Issuance of letters of guardianship to:

      • The oppositor

      • Any other suitable person named in the opposition


Implied Modification of the Rule

  • This rule is deemed modified by the Rule on Guardianship of Minors because the issue of whether an alleged minor has reached the age of majority can only be raised before the Family Court, which has exclusive jurisdiction over guardianship of minors. 

  • In fact, Section 10 of the Rule on Guardianship of Minors (RGM) specifically mentions this ground.



Section 5. Hearing and order for letters to issue. — 

At the hearing of the petition the alleged in competent 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.


Hearing and Issuance of Letters of Guardianship

  • The presence of the alleged incompetent must be present at the hearing if able to attend

  • The court must verify that the required notice was given.

  • The court hears evidence from both parties supporting their claims

  • If the court finds the person to be a minor or incompetent, it shall:

    • Appoint a suitable guardian

    • The guardian may have authority over the person, estate, or both


Issuance of Letters of Guardianship During Pendency of Appeal

  • Francisco v. Court of Appeals, G.R. No. L-57438, January 31, 1984:

    • The Supreme Court upheld the propriety of execution pending appeal in appointing the respondent as guardian to succeed the petitioner while the latter's appeal was still pending.

  • Upon urgent and compelling reasons, execution pending appeal is a matter of sound discretion on the part of the trial court. The appellate court will not interfere, control, or inquire into the exercise of this discretion unless there has been an abuse thereof.

  • Since the primary objective of guardianship is the protection of the ward, there is more than sufficient reason for the immediate execution of the lower court's judgment for the replacement of the first guardian.



Section 6. When and how guardian for non-resident appointed. Notice. — 

When a person liable to be put under guardianship resides without the Philippines but the estate therein, any relative or friend of such person, or any one interested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such person and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such non-resident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.


Appointment of Guardian for a Non-Resident

  • When Applicable?

    • The person to be placed under guardianship resides outside the Philippines

    • However, they have an estate within the Philippines

  • Who May Petition?

    • Relatives

    • Friends

    • Any person interested in the estate (whether as an heir, creditor, etc.)

  • Process:

    • The court gives notice to the non-resident minor/incompetent

    • Notice may be through publication or other means as the court deems proper

    • Hearing is conducted

    • If the court determines that guardianship is necessary or convenient, it may appoint a guardian for the estate of the non-resident



Section 7. Parents as guardians. —

When the property of the child under parental authority is worth two thousand pesos or less, the father of the mother, without the necessity of court appointment, shall be his legal guardian. When the property of the child is worth more than two thousand pesos, the father or the mother shall be considered guardian of the child's property, with the duties and obligations of guardians under this rules, and shall file the petition required by section 2 hereof. For good reasons the court may, however, appoint another suitable person.


Parents as Guardians

  • If the child’s property is worth PHP 2,000 or less:

    • The father or mother automatically becomes the legal guardian

    • No court appointment needed

  • If the child’s property exceeds PHP 2,000:

    • The father or mother is still considered guardian

    • But they must:

      • Assume the duties and obligations of a court-appointed guardian

      • File a petition for guardianship as required in Section 2

    • Exception:

      • The court may appoint another suitable person for good reasons



Section 8. Service of judgment. —

Final orders or 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.


Service of Judgment

  • Final orders or judgments in guardianship cases must be served upon the civil registrar of the:

    • Municipality/city where the minor or incompetent resides

    • Municipality/city where their property (or part of it) is located



Goyena vs. Ledesma-Gustilo (G.R. No. 147148, January 13, 2003)

  • Respondent Amparo Ledesma Gustilo filed a petition for letters of guardianship over her sister Julieta Ledesma, alleging that:

    1. Julieta was elderly, suffering from health issues, and unable to care for herself.

    2. She owned real estate and other properties worth approximately ₱1 million.

    3. A guardian was necessary to manage her personal and financial affairs.

    4. Julieta’s nearest kin, including Amparo’s other siblings, consented to the petition.

    5. Amparo had business management experience and could oversee Julieta’s medical needs.

  • Pilar Y. Goyena, Julieta’s close friend and companion of over 60 years, opposed the petition, arguing:

    1. Julieta was still competent to manage her affairs.

    2. Amparo was unfit to be a guardian due to conflicting interests.

    3. If guardianship was necessary, other individuals should be appointed instead of Amparo.

  • RTC: Ruled in favor of Amparo, finding Julieta incompetent and appointing Amparo as her guardian.

  • CA: Affirmed the RTC decision.

  • Whether the Court of Appeals erred in affirming Amparo’s appointment as Julieta’s guardian despite allegations of conflicting interests.

  • The Supreme Court denied the petition and upheld the lower court rulings.

  • No clear antagonistic interests existed between Amparo and Julieta, as alleged by Pilar.

  • Amparo’s appointment was supported by Julieta’s family, while Pilar’s advanced age (90 years) made her unfit to serve as guardian.

  • The courts’ findings deserved respect in the absence of a clear showing of grievous error.

  • Thus, Amparo’s appointment as guardian over Julieta’s person and property was finalized.

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