Special Rules and Proceedings: Rule on Guardianship of Minors + Flowchart

A.M. NO. 03-02-05-SC RULE ON GUARDIANSHIP OF MINORS

SEC. 1. Applicability of the Rule.

This Rule shall apply to petitions for guardianship over the person or property, or both, of a minor.

The father and the mother shall jointly exercise legal guardianship over the person and property of their unemancipated common child without the necessity of a court appointment. In such case, this Rule shall be suppletory to the provisions of the Family Code on guardianship.

Vancil v. Belmes, G.R. No. 132223, June 19, 2001

Sometime in May of 1987, Bonifacia Vancil commenced before the Regional Trial Court of Cebu City a guardianship proceeding over the persons and properties of minors Valerie and Vincent. At the time, Valerie was only six years old while Vincent was a two-year-old child.
It is claimed in the petition that the minors are residents of Cebu City, Philippines, and have an estate consisting of proceeds from their father's death pension benefits with a probable value of ₱100,000.00.
On July 15, 1987, petitioner Bonifacia Vancil was appointed legal and judicial guardian over the persons and estate of Valerie Vancil and Vincent Vancil, Jr.
On August 13, 1987, the natural mother of the minors, Helen Belmes, submitted an opposition to the subject guardianship proceeding as she had already filed a similar petition for guardianship before the Regional Trial Court of Pagadian City.
Thereafter, Helen Belmes followed her opposition with a Motion for the Removal of Guardian and Appointment of a New One, asserting that:
She is the natural mother in actual custody of and exercising parental authority over the minors at Maralag, Dumingag, Zamboanga del Sur, where they are permanently residing.
The petition was filed under an improper venue.
At the time the petition was filed, Bonifacia Vancil was a resident of Colorado, U.S.A., as she was a naturalized American citizen.
On October 12, 1988, after due proceedings, the trial court denied Belmes' motion to remove and/or disqualify Bonifacia as guardian of Valerie and Vincent, Jr. Instead, it ordered petitioner Bonifacia Vancil to enter the office and perform her duties as such guardian upon the posting of a bond of ₱50,000.00.
On appeal, the Court of Appeals rendered its assailed decision, reversing the RTC order of October 12, 1988, and dismissing Special Proceedings No. 1618-CEB.
Who Between the Mother and Paternal Grandmother Should Be the Guardian of a Minor?
HELD: The mother.
We agree with the ruling of the Court of Appeals that the respondent, being the natural mother of the minor, has the preferential right over that of petitioner to be his guardian. This ruling finds support in Article 211 of the Family Code, which provides:

"Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary."

Indeed, being the natural mother of minor Vincent, respondent has the corresponding natural and legal right to his custody. In Sagala-Eslao v. Court of Appeals, this Court held:

"Of considerable importance is the rule long accepted by the courts that 'the right of parents to the custody of their minor children is one of the natural rights incident to parenthood,' a right supported by law and sound public policy. The right is an inherent one, which is not created by the state or decisions of the courts, but derives from the nature of the parental relationship."

Petitioner's claim to be the guardian of said minor can only be realized by way of substitute parental authority pursuant to Article 214 of the Family Code, which states:

"Art. 214. In case of death, absence, or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent."

In Santos, Sr. v. Court of Appeals, this Court ruled:

"The law vests on the father and mother joint parental authority over the persons of their common children. In case of absence or death of either parent, the parent present shall continue exercising parental authority. Only in case of the parents' death, absence, or unsuitability may substitute parental authority be exercised by the surviving grandparent."

Petitioner, as the surviving grandparent, can exercise substitute parental authority only in case of death, absence, or unsuitability of respondent. Considering that respondent is very much alive and has continuously exercised parental authority over Vincent, petitioner must prove, in asserting her right to be the minor's guardian, respondent’s unsuitability.
Petitioner, however, has not presented convincing evidence proving that respondent is unfit to be the guardian of Vincent. Petitioner merely insists that respondent is morally unfit as guardian of Valerie, considering that her (respondent’s) live-in partner raped Valerie several times. However, Valerie, being of major age, is no longer a subject of this guardianship proceeding.
Even assuming that respondent is unfit as guardian of minor Vincent, petitioner cannot qualify as a substitute guardian. It is important to note that:

She is an American citizen and a resident of Colorado
She will not be able to perform the responsibilities and obligations required of a guardian.
In her petition, she admitted the difficulty of discharging the duties of a guardian as an expatriate.
She will merely delegate those duties to someone else who may also not qualify as a guardian.

Section 2. Who may petition for appointment of guardian. –

On grounds authorized by law, any relative or other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the Family Court for the appointment of a general guardian over the person or property, or both, of such minor. The petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health in the case of an insane minor who needs to be hospitalized.

Only the following persons may file a petition for the appointment of guardian of a minor:

Relative or other person on behalf of the minor;
Minor himself if 14 years of age or over; and
Secretary of Social Welfare and Development and Secretary of Health, in case of an insane minor who needs to be hospitalized.

The petition may be for the appointment of a general guardian over the:

person,
property, or
both of such minor

Section 3. Where to file petition. –

A petition for guardianship over the person or property, or both, of a minor may be filed in the Family Court of the province or city where the minor actually resides. If he resides in a foreign country, the petition shall be flied with the Family Court of the province or city where his property or any part thereof is situated.

Section 4. Grounds of petition. –

The grounds for the appointment of a guardian over the person or property, or both, of a minor are the following:

death, continued absence, or incapacity of his parents;
suspension, deprivation or termination of parental authority;
remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or
when the best interests of the minor so require.

Grounds for appointment of a guardian

Section 1, Rule 93 of the Rules of Court only mentions two grounds for the appointment of a guardian - where the minor or incompetent has no parent and where he has no lawful guardian.
More grounds are provided under Section 4 above, including a general ground founded on the primordial purpose of guardianship — when the best interests of the minor require.

Section 5. Qualifications of guardians. –

In appointing a guardian, the court shall consider the guardian’s:

moral character;
physical, mental and psychological condition;
financial status;
relationship of trust with the minor;
availability to exercise the powers and duties of a guardian for the full period of the guardianship;
lack of conflict of interest with the minor; and
ability to manage the property of the minor.

While the Rule on Guardianship of Minors provides guidelines on the appointment of such guardian, Rules 92-97 do not contain any provisions on the qualifications which the court may consider in a guardian.
The qualifications were taken mainly from Francisco v. Court of Appeals, with the addition of relationship of trust and lack of conflict of interest with the minor.

Non-resident guardians not to be appointed

Vancil v. Belmes:

The Supreme Court held that courts should not appoint persons as guardians who are not within the jurisdiction of our courts for they will find it difficult to protect the wards.
Cited therein was the rationale in Guerrero s. Teran, viz .:

"Notwithstanding the fact that there is nothing in the law which requires the courts to appoint residents only as administrators or guardians, the courts, charged with the responsibilities of protecting the estates of deceased persons, wards of the estate, etc., will find much difficulty in complying with this duty by appointing administrators and guardians who are not personally subject to their jurisdiction."

Section 6. Who may be appointed guardian of the person or property, or both, of a minor. –

In default of parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or both, of a minor, observing as far as practicable, the following order of preference:

the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations;
the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;
the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and
any other person, who in the sound discretion of the court, would serve the best interests of the minor.

Order of preference in appointment of a guardian

The above order of preference was lifted from Article 216 of the Family Code.
However, the last item ("any person, who in the sound discretion of the court would serve the best interests of the minor") was added to cover the situation where all of the persons enumerated do not qualify as guardians.
Also, the application of Article 216 was extended to guardianship over the person or property, or both, of a minor. Significantly, courts are directed to observe the order of preference "as far as practicable," pursuant to the principle that in the selection of a guardian, the best interest of the minor is the primary consideration.

Section 7. Contents of petition. –

A petition for the appointment of a general guardian must allege the following:

The jurisdictional facts;
The name, age and residence of the prospective ward;
The ground rendering the appointment necessary or convenient;
The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;
The remarriage of the minor’s surviving parent;
The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having him in their care and custody;
The probable value, character and location of the property of the minor; and
The name, age and residence of the person for whom letters of guardianship are prayed.

The petition shall be verified and accompanied by a certification against forum shopping. However, no defect in the petition or verification shall render void the issuance of letters of guardianship.

Section 8. Time and notice of hearing. –

When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the persons mentioned in the petition, including the minor if he is fourteen years of age or over, and may direct other general or special notice to be given.

The notice of hearing of the petition must be served on the following:

Persons mentioned in the petition residing in the Philippines; and
the minor if he is 14 years of age or over.

Where the minor is at least 14 years old, service of notice upon such minor is jurisdictional, without which the court does not ácquire jurisdiction over the petition.

Section 9. Case study report. –

The court shall order a social worker to conduct a case study of the minor and all the prospective guardians and submit his report and recommendation to the court for its guidance before the scheduled hearing. The social worker may intervene on behalf of the minor if he finds that the petition for guardianship should be denied.

Section 10. Opposition to petition. –

Any interested person may contest the petition by filing a written opposition based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.

The petition may be opposed on the following grounds:

Majority of the minor; or
Unsuitability of the person for whom letters are prayed for.

Section 11. Hearing and order for letters to issue. –

At the hearing of the petition, 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 of the parties in support of their respective allegations. 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 to the public and the records of the case shall not be released without its approval.

Section 12. When and how a guardian of the property for non-resident minor is appointed; notice. –

When the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the appointment of a guardian over the property.

Notice of hearing of the petition shall be given to the minor by publication or any other means as the court may deem proper. The court may dispense with the presence of the non-resident minor.

If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or convenient, it may appoint a guardian over his property.

Section 13. Service of final and executory judgment or order. –

The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the place where his property or part thereof is situated shall annotate the same in the corresponding title, and report to the court his compliance within fifteen days from receipt of the order.

Annotation of judgment or order on title of minor

The Register of Deeds is required to annotate the judgment or order appointing a guardian on the minor's title to property.
This will serve as notice to third parties dealing with the property of the existence of the guardianship and the limited authority of the guardian.
The Register of Deeds must report to the court his compliance within 15 days from receipt of the order.

Section 14. Bond of guardian; amount; conditions. –

Before he enters upon the execution of his trust, or letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall determine and conditioned as follows:

To make and return to the court, within three months after the issuance of his letters of guardianship, a true and complete Inventory of all the property, real and personal, of his ward which shall come to his possession or knowledge or to the possession or knowledge of any other person in his behalf;
To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule for the best interests of the ward, and to provide for his proper care, custody and education;
To render a true and just account of all the property of the ward in his hands, and of 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
To perform all orders of the court and such other duties as may be required by law.

Section 15. Where to file the bond; action thereon. –

The bond posted by a guardian shall be filed in the Family Court and, in case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding for the benefit of the ward or of any other person legally interested in the property.

Whenever necessary, the court may require the guardian to post a new bond and may discharge from further liability the sureties on the old bond after due notice to interested persons, if no injury may result therefrom to those interested in the property.

Section 16. Bond of parents as guardians of property of 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 ten per centum of the value of such property or annual income, to guarantee the performance of the obligations prescribed for general guardians.

A verified petition for approval of the bond shall be filed in the Family Court of the place where the child resides or, if the child resides in a foreign country, in the Family Court of the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations of a general guardian shall be heard and resolved.

Section 17. General duties of guardian. –

A guardian shall have the care and custody of the person of his ward and the management of his property, or only the management of his property. The guardian of the property of a nonresident minor shall have the management of all his property within the Philippines. A guardian shall perform the following duties:

To pay the just debts of the ward out of the personal property and the income of the real property of the ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its sale or encumbrance;

To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor on receiving a fair and just dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings, unless another person is appointed for that purpose;

To manage the property of the ward frugally and without waste, and apply the income and profits thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court to do so;

To consent to a partition of real or personal property owned by the ward jointly or in common with others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful investigation as to the necessity and propriety of the proposed action;

To submit to the court a verified inventory of the property of his ward within three months after his appointment, and annually thereafter, the rendition of which may be required upon the application of an interested person;

To report to the court any property of the ward not included in the inventory which is discovered, or succeeded to, or acquired by the ward within three months after such discovery, succession, or acquisition; and

To render to the court for its approval an accounting of the property one year from his appointment, and every year thereafter or as often as may be required.

Section 18. Power and duty of the court –

The court may:

Request the assistance of one or more commissioners in the appraisal of the property of the ward reported in the initial and subsequent inventories;

Authorize reimbursement to the guardian, other than a parent, of reasonable expenses incurred in the execution of his trust, and allow payment of compensation for his services as the court may deem just, not exceeding ten per centum of the net income of the ward, if any; otherwise, in such amount the court determines to be a reasonable compensation for his services; and

Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the property at the ward, require any person suspected of having embezzled, concealed, or disposed of any money, goods or interest, or a written instrument belonging to the ward or his property to appear for examination concerning any thereof and issue such orders as would secure the property against such embezzlement, concealment or conveyance.

Section 19. Petition to sell or encumber property.-

When the income of a property under guardianship is insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and productive security, or in the improvement or security of other real property, the guardian may file a verified petition setting forth such facts, and praying that an order issue authorizing the sale or encumbrance of the property.

Section 20. Order to show cause. –

If the sale or encumbrance is necessary or would be beneficial to the ward, the court shall order his next of kin and all person/s interested in the property to appear at a reasonable time and place therein specified and show cause why the petition should not be granted.

Section 21. Hearing on return of order; costs. –

At the time and place designated in the order to show cause, the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or deny the petition as the best interests of the ward may require.

Section 22. Contents of order for sale or encumbrance and its duration; bond. –

If, after full examination, it is necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the court shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance or the education of the ward, or invested as the circumstances may require. 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 a part of the payment is deferred. The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the sale or encumbrance, but the court may, if deemed expedient, require an additional bond as a condition for the sale or encumbrance. The authority to sell or encumber shall not extend beyond one year, unless renewed by the court.

Section 23. Court may order investment of proceeds and direct management of property. –

The court may authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other money of his ward in his hands, in real or personal property, for the best interests of the ward, and may make such other orders for the management, investment, and disposition of the property and effects, as circumstances may warrant.

Section 24. Grounds for removal or resignation of guardian. –

When a guardian becomes insane or otherwise incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or mismanaged the property of the ward, or has failed to render an account or make a return for thirty days after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require him to surrender the property of the ward to the person found to be lawfully entitled thereto.

The court may allow the guardian to resign for justifiable causes.

Upon the removal or resignation of the guardian, the court shall appoint a new one.

No motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting of the property of the ward and the court has approved the same.

Section 25. Ground for termination of guardianship. –

The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward has come of age or has died. The guardian shall notify the court of such fact within ten days of its occurrence.

Grounds for termination of guardianship

There are only two grounds for termination of guardianship:

the ward has come of age(emancipation);
the ward has died

Emancipation takes place when the ward turns 18.
Before the amendment of Article 234 of the Family Code, emancipation also took place by the marriage of the minor or by the recording in the Civil Registry of an agreement in a public instrument executed by the parents exercising parental authority and the minor at least 18 years of age.
Republic Act No. 6809 (approved on December 18, 1989) amended this Article by limiting emancipation to only one ground attainment of age of majority, and lowering the majority age from 21 to 18.
Thus, termination of guardianship does not include marriage of the minor and voluntary emancipation as grounds.

Section 26. Service of final and executory judgment or order. –

The final and executory judgment or order shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the Register of Deeds of the province or city where his property or any part thereof is situated. Both the Local Civil Registrar and’ the Register of Deeds shall enter the final and executory judgment or order in the appropriate books in their offices.

Considering that the Register of Deeds is required under Section 13 to annotate on the corresponding title the final and executory judgment or order of the court appointing a guardian of a minor, likewise, a copy of the final and executory judgment or order terminating the guardianship is required to be served on the Register of Deeds to enable him to enter the same in the appropriate book in his office.

Section 27. Effect of the rule. –

This Rule amends Rules 92 to 97 inclusive of the Rules of Court on guardianship of minors. Guardianship of incompetents who are not minors shall continue to be under the jurisdiction of the regular courts and governed by the Rules of Court.

Section 28. Effectivity. -

This Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not later than April 15, 2003.

Distinguish Rules 92-97 from Rule on Guardianship of Minors

Rules 92-97 (Incompetent Persons)

Applicability:

Covers the person, property, or both of an incompetent person.

Who May Petition: FRO-DA

Relative
Friend
Other person on behalf of the incompetent who has no parent or lawful guardian
Director of Health for an insane person who should be hospitalized or an isolated leper
Any interested person in the estate, but only in case the incompetent is a non-resident with property with in the Philippines

Where to File:

Over the person and property:

Regional Trial Court (RTC)

Over the property:

RTC or Municipal Trial Court (MTC), depending on the property's value

Qualifications of Guardians: FPS-PMPP

Financial situation
Physical condition
Sound judgment
Prudence and trustworthiness
Morals, character and conduct
Present and past history of a prospective appointee, as well as the probability of his being able to exercise the powers and duties of guardian for the full period during which guardianship will be necessary.

Who May Be Appointed:

Contents of the Petition: JIN-PN

Jurisdictional facts
Incompetency rendering the appointment necessary and convenient
Names, ages, and residences of the relatives of the minor or incompetent, and of the person having him in their care
Probable value and character of the estate
Name of the person for whom letters of guardianship

Grounds to Oppose:

Competency of the alleged incompetent person
Unsuitability of the proposed guardian

Rule on Guardianship of Minors

Applicability:

Covers the person, property, or both of a minor.

Who May Petition: ROM-SA

Relative
Other person on behalf of the minor
Minor himself if 14 years of age or older
Secretary of the DSWD or DOH for an insane minor needing hospitalization
Any interested person in the estate of a non-resident minor in case the minor is a non-resident with property within the Philippines

Where to File:

Family Court

Qualifications of Guardians: MPF-RALA

Moral character
Physical, mental, and psychological condition
Financial status
Relationship of trust with the minor
Availability to exercise the powers and duties of a guardian for the full period of guardianship
Lack of conflict of interest with the minor
Ability to manage the property of the minor

Who May Be Appointed:

Default: Parent or court-appointed guardian
Otherwise: SOAA

the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations;
the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;
the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and
any other person, who in the sound discretion of the court, would serve the best interests of the minor.

Contents of the Petition: JN-GDR-NPN

The jurisdictional facts;
The name, age and residence of the prospective ward;
The ground rendering the appointment necessary or convenient;
The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;
The remarriage of the minor’s surviving parent;
The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having him in their care and custody;
The probable value, character and location of the property of the minor; and
The name, age and residence of the person for whom letters of guardianship are prayed.

Grounds to Oppose:

Majority of the Minor
Unsuitability of the proposed guardian

Conditions of the Bond

Inventory of Property:

Make and submit an inventory of all the property of the ward that comes into his possession or knowledge or the possession or knowledge of any other person in his behalf,
Submit the inventory within three months from the issuance of the letters of guardianship.

Management and Care of the Ward:

Faithfully execute the duties of the trust.
Manage and dispose of the property according to the rule for the best interests of the ward.
Provide for the proper care, custody, and education of the ward.

Accounting and Reporting:

Render a true and just account of all the property of the ward in his hands.
Report all proceeds or interest derived from the ward’s property.
Provide details on the management and disposition of the property.
At the expiration of the trust, settle all accounts with the court.
Deliver and pay over all remaining property, effects, and money to the person lawfully entitled thereto.

Compliance with Court Orders:

Perform all orders of the court.
Fulfill other duties as may be required by law.

General Powers and Duties of the Guardian

Pay the just debts of the ward.
Settle all accounts, and demand, sue for, and receive all debts due him.

With the approval of the court, compound for the same and give discharges to the debtor upon receiving a fair and just dividend of the property and effects.
Appear for and represent the ward in all actions and special proceedings unless another person is appointed for that purpose.

Manage the property of the ward frugally and without waste.

Apply the income and profits to the comfortable and suitable maintenance of the ward.
If such income and profits are insufficient, sell or encumber the real or personal property upon being authorized by the court to do so.

Consent to a partition of real or personal property upon authority granted by the court.
Submit to the court a verified inventory of the property of his ward:

Within three months after his appointment.
Annually thereafter.

FLOWCHART: GUARDIANSHIP

Petition for the Appointment of Guardian (Rule 93)

Filed in the appropriate court to establish guardianship.

Notice of Court-Ordered Time and Place of Hearing

If the ward is a resident: Reasonable notice must be provided (Sec. 3, Rule 93).
If the ward is a non-resident: Notice must be given in a manner deemed proper by the court, such as by publication or other means (Sec. 6, Rule 93).

Opposition, if any

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

Hearing

The court conducts a hearing to determine the necessity and appropriateness of appointing a guardian.

Filing of Bond (Rule 94)

If the court approves the petition, the appointed guardian must file a bond to ensure faithful performance of duties.

Service of Judgment on the Local Civil Registrar (Sec. 8, Rule 93)

The judgment appointing a guardian must be served on the Local Civil Registrar for official recording.

Termination of Guardianship (Rule 97)

Guardianship ends upon any of the following:

Guardian:

becomes insane, incapable, or unsuitable to fulfill duties.
mismanage or waste the estate
fail to submit required accounts or reports within 30 days.

Ward:

has been determined to be competent by the guardianship court
attains the age of majority

FLOWCHART: SELLING OR ENCUMBERING PROPERTY OF THE WARD

Verified Petition for Leave to Sell or Encumber Estate

Guardian files a petition requesting permission to sell or encumber the ward's property.
Grounds for Selling or Encumbering the Property:

Income of the estate is insufficient to maintain the ward and his family.
It appears for the benefit of the ward.
Proceeds will be put out at interest or invested in some productive security.

Notice

Given to the next of kin and any other person interested in the ward’s estate.

Hearing

Interested parties may show cause why the petition should not be granted.
The court hears proofs and allegations of the petitioner, next of kin, other interested persons, and their witnesses.

Court Order

If granted, the court issues an order allowing the sale or encumbrance.
Specifies the causes why the sale or encumbrance is necessary or beneficial.
May direct that the estate be disposed of at either public or private sale, subject to conditions regarding time, manner of payment, and security where a part of the payment is deferred, at the court's discretion.
May require the guardian to put up an additional bond.

Sale or Encumbrance

Proceeds must be expended for the maintenance of the ward and his family.
Proceeds may also be put at interest or invested as the circumstances require.

Effectivity

The order remains valid for one (1) year from the granting of the petition.