file:spcpro_part3a.htm

3.  GUARDIANS

1. Necessity For
Guardianship

A court will have no jurisdiction to render
judgment against one adjudged physically and mentally incompetent to manage her
affairs where no guardian was appointed upon whom summons and notice of the proceedings
might be served.137

1.
The ‘incompetent’ as the subject of guardianship.- The incompetent
includes (1) persons suffering from the penalty of civil interdiction; (2)
hospitalized lepers; (3) prodigals; (4) deaf and dumb who are unable to read and
write; (5) those who are of unsound mind even though they may have lucid
intervals; and (6) those who are not 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.138

2.
Parents as guardians

When the
property of the child under parental authority is worth Php 2,000.00 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 Php
2,000.00, 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 the rules. For good reasons the court may,
however, appoint another suitable person.139

2.  Jurisdiction
and Venue

1. Where to file petition for
guardianship

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 for the
appointment of a general guardian for the person or estate, or both, of such
minor or incompetent.140

2. Transfer of venue

If the ward transfers his bona fide residence,
the court may transfer the guardianship case to the court of the place of his
residence wherein he has acquired real property, and additional court fees are
not required.141

3.  Petition For
Guardianship

1. Who may file

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 for the
appointment of a general guardian for the person or estate, or both, of such
minor or incompetent.142

2. Contents of petition

The petition shall allege:

(1) The jurisdictional facts;

(2) The minority or
incompetency;

(3) The names, ages and
residences of the relatives of the minor or incompetent, and of the persons
having him in their care;

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

(5) The names of the person
for whom letters of guardianship are prayed.143

3. Notice of hearing

Reasonable notice of the hearing of the petition
shall 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. The court may direct other general or special notice to be given.144

4. Grounds for opposition

The petition may be opposed on the grounds of (a)
majority of the alleged minor; (b) competency of the alleged incompetent; or
(c) unsuitability of the proposed guardian.145

5. Order

At the hearing, the alleged incompetent must be
present as much as possible. Evidence will be heard and if it be proved that
the person in question is a minor or incompetent, the court shall appoint a
suitable guardian of his person or estate, or both.146

6. Guardian for the estate
of a nonresident

On notice, by publication or otherwise, and after
the hearing, a guardian may be appointed for the estate in the Philippines of a
nonresident minor or incompetent.147

4. Guardian’s Bond

The guardian shall give a bond conditioned: (a)
to make a true and complete inventory within three months; (b) to manage and
dispose of the estate, and to provide for the proper care, custody and
education of the ward; (c) to render a true and just account; and (d) to
perform all orders of the court.148

1. New bond

A new bond
may be required and the old sureties discharged whenever it is deemed
necessary, after due notice to interested persons, when no injury can result
therefrom to those interested in the estate.149

2. Bond to be filed; actions thereon

Every bond
of a guardian shall be filed in the office of the clerk of the court. In case
of the breach of a condition thereof, it may be prosecuted in the same
proceeding or in a separate action.150

5.  
General Powers and Duties

The guardian has the care and custody of the
person of the ward and/or the management of his estate. The guardian should pay
the ward’s just debts from his personal property and income of his real estate;
if insufficient, out of the sale or encumbrance of real estate as authorized by
the court. The estate should be managed frugally.151

1. A
person suspected of embezzling or concealing property of the ward may be asked
to appear for examination.152

2. After
making an inventory after three (3) months, the guardian is required to file an
inventory and accounting annually.153

3.
Compensation and expenses

The
guardian is allowed reasonable expenses and such compensation as the court
deems just, not exceeding 15% of the net income of the ward.154

4. Grounds
for removal

A guardian
may be removed when (a) he becomes insane, (2) is otherwise incapable of
discharging his trust, (3) is unsuitable therefor, (4) has wasted or mismanaged
the estate, or (5) has failed for thirty (30) days to render an account or make
a return.155

5.
Advanced age

The
conclusion by the trial court that the guardian of advanced age is not fit to
continue, is not to be disturbed, particularly with his delay in making an
accounting and filing an inventory. While age alone is not a controlling
criterion, it may be a factor for consideration.156

6.  Sale or
encumbrance:

1. Real property of the ward may be sold or
encumbered by authority of the court upon a verified petition when the income
is not sufficient to maintain the ward and his family or to educate him, or
when it is for his benefit that the property be sold, mortgaged or otherwise encumbered
and the proceeds put out at interest or invested in some productive security,
or in the improvement or security of other real estate of the ward.157

2. Bond for the sale

The original bond of the guardian shall answer
for the proceeds of the sale, but the court may require an additional bond.158 The order to sell is valid for one (1)
year.159

3. A court order authorizing the sale of a ward’s
property, is subject to appeal, not certiorari and mandamus.160

7. Petition for
termination of Guardianship

1. A person who has been declared incompetent for
any reason, or his guardian, relative, or friend, may file a verified petition
to have his present competency judicially determined. If it be found after
hearing that the person is no longer incompetent, his competency shall be
adjudged and the guardianship shall cease.161

2. Grounds for removal

A guardian may be removed when (a) he becomes
insane, (b) is otherwise incapable of discharging his trust, (c) is unsuitable
therefor, (d) has wasted or mismanaged the estate, or (e) has failed for thirty
(30) days to render an account or make a return.162

3. Other termination

Marriage or voluntary emancipation of a minor
ward terminates the guardianship of the person of the ward, and shall enable the
minor to administer his property as though he were of age, but he cannot borrow
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. Upon the application of the ward
or otherwise, the guardians may be discharged if the guardianship is no longer
necessary.163

4. Advanced age

The conclusion by the trial court that the
guardian of advanced age is not fit to continue, is not to be disturbed,
particularly with his delay in making an accounting and filing an inventory.
While age alone is not a controlling criterion, it may be a factor for
consideration.164

5. Guardianship court

The guardianship court cannot adjudicate title.165