Special Rules and Proceedings: Rule 97

RULE 97


Termination of Guardianship


Section 1. Petition that competency of ward be adjudged, and proceedings thereupon. — 

A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. Upon receiving the petition, the court shall fix a time for hearing the questions raised thereby, and cause reasonable notice thereof to be given to the guardian of the person so declared incompetent, and to the ward. 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. If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease.


Petition for Adjudication of Competency

  • A petition to declare a ward competent may be filed by:

    1. The ward (formerly declared incompetent).

    2. The guardian, a relative, or a friend.

  • The petition must be verified by oath and state that the person is now competent.

  • A hearing date is set, with reasonable notice to the guardian and ward.

  • The guardian, relatives, and other interested persons may contest the petition.

  • The court may call and examine witnesses on its own motion.

  • If competency is established, the guardianship ceases.


  • The guardian or the ward need not institute another proceeding for the declaration of the ward's competency. The petition for such declaration is merely a continuation of the guardianship proceedings.



Section 2. When the guardian removed or allowed to resign. New appointment. — 

When a guardian becomes insane or otherwise incapable of discharging his trust or unsuitable therefor, or has wasted or mismanaged the estate, or failed for thirty (30) days after it is due to render an account or make a return, the court may, upon reasonable notice to the guardian, remove him, and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto. A guardian may resign when it appears proper to allow the same; and upon his resignation or removal the court may appoint another in his place.


Removal or Resignation of Guardian & New Appointment

  • A guardian may be removed by the court if they:

    1. Become insane, incapable, or unsuitable to fulfill duties.

    2. Mismanage or waste the estate.

    3. Fail to submit required accounts or reports within 30 days.

  • Upon resignation or removal, the court appoints a new guardian.


  • The grounds for the removal or resignation of a guardian are as follows: 

  1. The guardian becomes insane or otherwise incapable of discharging his trustor unsuitable therefor; 

  2. The guardian has wasted or mismanaged the estate; or 

  3. The guardian failed for 30 days after it is due to render an account or make a return.


Section 3. Other termination of guardianship. — 

The marriage or voluntary emancipation of a minor ward terminates the guardianship of the peson 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.


Other Causes for Termination of Guardianship

  • Marriage or voluntary emancipation of a minor:

    • Ends guardianship over the person but not automatically over the estate.

    • The minor may manage their property as an adult but needs parental/guardian consent to:

      • Borrow money.

      • Sell, mortgage, or encumber real property.

    • The minor can sue and be sued but must be assisted by a parent or guardian.

  • The court may discharge a guardian if the guardianship is no longer necessary.

  • Incompetent

    • Ward has been determined to be competent by the guardianship court

    • Guardianship is no longer necessary

  • Minor

    • Ward attains the age of majority



Section 4. Record to be kept by the justice of the peace or municipal judge. — 

When a justice of the peace or municipal court takes cognizance of the proceedings in pursuance of the provisions of these rules, the record of the proceedings shall be kept as in the Court of First Instance.


Court Records of Guardianship Proceedings

  • If a justice of the peace or municipal judge handles the case, the records must be kept similarly to those in a 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.


Service of Judgment

  • Final orders or judgments under this rule must be served to the:

  1. Civil registrar of the municipality/city where the ward resides.

  2. Civil registrar where the ward’s property (or part of it) is located.

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