Rule 93

“Appointment of

Guardians”

1.01 DIFFERENTIATE

INCOMPETENCY OF GUARDIAN

FROM INCOMPETENCY OF PERSON

UNDER GUARDIANSHIP.

The general power and duties are

the following:

Incompetency to act as executor

or administrator cannot be

equated with the incompetency

that justifies the placing of a person

under guardianship.

continuation...

From the fact that a person may

be incompetent to act as executor

or administrator, it does not follow

that he could be placed under

guardianship. But if a person is

incompetent to act as executor or

continuation...

administrator, then he is not the

incompetent person envisaged in

the law of guardianship.

1.02 DIFFERENTIATE THE PERSONS

WHO MAY PETITION FOR

APPOINTMENT OF GUARDIAN WITH

RESPECT TO A RESIDENT MINOR

FROM AN INCOMPETENT OTHER

THAN A MINOR.

With respect to a minor, the

following are the persons who

may petition to wit:

1. Any relative; or

2. Other person on behalf of the

minor; or

continuation...

3. The minor himself if 14 years of

age or over; or

4. The Secretary of Social Welfare

and by the Secretary of Health

in case of an insane minor who

needs to be hospitalized.

With respect to incompetent other

than a minor, the following

persons may petition:

1. Any relative; or

2. Friend; or

3. Other person on behalf of the

resident incompetent who has

continuation...

no parents or lawful guardian; or

4. The director of health in favor of

an insane person who should be

hospitalized or in favor of an

isolated leper;

5. Anyone interested in the estate

of a non-resident incompetent.

1.03 DIFFERENTIATE THE CONTENTS

OF PETITION FOR GUARDIANSHIP

OVER A MINOR FROM AN

INCOMPETENT OTHER THAN A

MINOR.

A. The contents of petition for

guardianship over a minor are

as follow:

1. The jurisdictional facts;

2. The name, age and residence

of the prospective ward;

continuation...

3. The ground rendering the

appointment necessary or

convenient;

4. The death of the parents of the

minor or the termination,

deprivation or suspension of their

parental authority;

continuation...

5. The remarriage of the minor’s

surviving parent;

6. The names, ages, and residences

of relative within the fourth civil

degree of minor and of persons

having him in their custody;

continuation...

7. The probable value, character

and location of the property of

the minor; and

8. The name, age and residence of

the person for whom letters of

guardianship are prayed.

B. The contents of petition for

guardianship over an incompetent

who is not a minor are as follow;

1. The jurisdictional facts;

2. The incompetency of the person

rendering the appointment of a

guardian necessary or

inconvenient;

continuation...

3. The probable value and

character of his estate;

4. The names, ages and residences

of the relatives of the

incompetent as well as the

persons having him under their

care;

continuation...

5. The names of the person for

whom letters of guardianship are

prayed.

1.04 CITE RELATED PROVISIONS OF

THE FAMILY CODE ON

GUARDIANSHIP.

Art. 222.

The courts may appoint a

guardian of the child’s property or a

guardian ad litem when the best

interests of the child so require.

Art. 223. The parent’s or in their

absence or incapacity, the

individual, entity or institution

exercising parental authority may

petition the proper court of the

place where the child resides, for an

order providing for disciplinary

continuation...

measures over the child. The child

shall be entitled to the assistance of

counsel, either of his choice or

appointed by the court, and a

summary hearing shall be

conducted wherein the petitioner

and the child shall be heard.

Art. 224. The measures referred to in

the preceding article may include

the commitment of the child for not

more than thirty days or in children’s

homes duly accredited by the

proper government agency.

Art. 226. The property of the

emancipated child earned or

acquired with his work and industry or

by onerous or gratuitous title shall

belong to the child in ownership and

shall be devoted exclusively to the

latter’s support and education, unless

the title or transfer provides otherwise.

Art. 227. If the parents entrust the

management or administration of

any of their properties to an

emancipated child, the net

proceeds of such property shall

belong to the owner. The child shall

be given a reasonable monthly

allowance in an amount not less

continuation...

than that which the owner would

have paid if the administrator were

a stranger, unless the owner grants

the entire proceeds to the child. In

any case, the proceeds thus given in

whole or in part shall not be

charged to the child’s legitimate.

2.01 ENUMERATE THE FACTORS

CONSIDERED IN APPOINTING A

GUARDIAN.

The factors taken into account in

the selection of a suitable guardian

are: the financial situation, the

physical condition, the sound

judgment, prudence and

trustworthiness, the moral character

and conduct, and the present and

continuation...

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 is necessary.

3.01 IS NOTICE TO A MINOR WHO

IS ABOVE 14 YEARS OF AGE

JURISDICTIONAL?

Yes. Non-compliance with the

required notice as provided under

Section 3 of Rule 93 of the Revised of

Court renders the guardianship

proceedings null and void.

4.01 SECTION 7 HAD BEEN

MODIFIED BY THE FAMILY CODE.

WHAT DOES THE CODE NOW

PROVIDE?

The Family Code expressly provides:

Art. 225. The father, or, in his

absence or incapacity, the mother,

shall be the legal guardian of the

property of the emancipated child

without the necessity of a court

appointment.

continuation...

Where the 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 not less

than ten percent per centum of the

continuation...

value of the property or annual

income, to guarantee the

performance of the obligations

prescribed for general guardians.

4.02

ALAMAYRI V. PABALE(G.R. No. 151243, April 30, 2008)

Issue: Is conclusiveness of

judgment applicable in special

proceedings?

Ruling: No contrary to Almayri’s

assertion conclusiveness of

judgment has no application to

the instant petition since there is

no identity of parties and issues

between SP Proc. No. 146-86-C

and Civil Case No. 675-84-C.

continuation...

A Guardian may appointed by the RTC

over the person and the estate of the

minor or an incompetent.

A petition for appointment of a

guardian is a special proceeding without

the usual parties, i.e. petitioner versus

respondent, in an ordinary civil case.

continuation...

The objectives of an RTC hearing a

petition for appointment of a guardian

under Rule 93 of the Rules of Court is to

determine, first, whether the person is

indeed a minor or an incompetent

who has no capacity to care for

himself and/or his properties; and,

continuation...

namely his relatives living within the

same province and/or the persons

caring for him.

4.03 Case

VANCIL V. BELMES(G.R. No. 132223, June 19, 2001)

Issue: Who between the

mother and grandmother of

the minor should be his

guardian?

Ruling: Stress should likewise be

made that our Civil Code

considers parents, the father, or

in the absence, the mother as

natural guardian of her minor

children. The law on parental

authority under the Civil Code

or P.D. 603 and now the New

continuation...

Family Code, (Art.225 of the Family

Code) ascribe to the same legal

pronouncements. Section 7 of Rule 93

of the Revised Rules of Court confirms

the designation of the parents as ispo

facto guardian of their minor children

without need of a court appointment

continuation...

The objectives of an RTC hearing a

petition for appointment of a guardian

under Rule 93 of the Rules of Court is to

determine, first, whether the person is

indeed a minor or an incompetent

who has no capacity to care for

himself and/or his properties; and,

continuation...

and only for good reason may another

person be named. Ironically, for the

petitioner, there is nothing on record of

any reason at all why Helen Belmes,

the biological mother, should be

deprived of her legal rights as natural

guardian of her minor children.

continuation...

petitioner cannot qualify as a

substitute guardian. It bears stressing

that she is an American citizen and a

resident of Colorado. Obviously, she

will not be able to perform the

responsibilities and obligations required

of a guardian. In fact, in her petition,

continuation...

she admitted the difficulty of

discharging the duties of a guardian

by an expatriate, like her. To be sure

she will merely delegate those duties

to someone else who may not also

qualify as a guardian.

continuation...

The appealed decision is affirmed,

with modification in the sense that

Valerie, who has attained the age of

majority, will no longer be under the

guardianship of respondent Helen

Belmes.