Anda di halaman 1dari 5

Guardianship (Rules 92 97)

(1)
Guardianship is the power of protective authority given by law and imposed on an
individual who is free and in the enjoyment of his rights, over one whose weakness on account of
his age or other infirmity renders him unable to protect himself (Cyclopedic Law Dictionary,
908). Guardianship may also describe the relation subsisting between the guardian and the ward.
It involves the taking of possession of an management of, the estate of another unable to act for
himself.
(2) A guardian is a person lawfully invested with power and charged with the duty of taking
care of a person who for some peculiarity or status or defect of age, understanding or self-control
is considered incapable of administering his own affairs (Blacks Law Dictionary, Fifth Editoin).
(3)

Kinds of guardians:

(a)

According to scope or exent

a)
Guardian of the person one who has been lawfully invested with the care of the person
of minor whose father is dead. His authority is derived out of that of the parent;
b)
Guardian of the property that appointed by the court to have the management of the
estate of a minor or incompetent person;
c)
General guardians those appointed by the court to have the care and custody of the
person and of all the property of the ward.
(b)

According to constitution

1)
Legal those deemed as guardians without need of a court appointment (Art. 225, Family
Court);
2)
Guardian ad litem those appointed by courts of justice to prosecute or defend a minor,
insane or person declared to be incompetent, in an action in court; and
3)
Judicial those who are appointed by the court in pursuance to law, as guardian for insane
persons, prodigals, minor heirs or deceased was veterans and other incompetent persons.
(4) Under the Family Courts Act of 1997 (RA 8369), the Family Courts are vested with
exclusive original jurisdiction over the following cases:

(a) Criminal case where one or more of the accused is below 18 years of age but less than 9
years of age, or where one or more of the victims is a minor at the time of the commission of the
offense;
(b)

Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

(c)

Petitions for adoption of children and the revocation thereof;

(d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating
to marital status and property relations of husband and wife or those living together under
different status and agreements, and petitions for dissolution of conjugal partnership of gains;
(e)

Actions for support and acknowledgment;

(f)

Summary judicial proceedings brought under the provisions of EO 209, the Family Code;

(g)
Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children; the suspension,
termination, or restoration of parental authority and other cases cognizable under PD 603, EO 56
(s. 1986), and other related laws;
(h)

Petitions for the constitution of family home;

(i)

Cases against minors cognizable under the Dangerous Drugs Act, as amended;

(j)

Violations of RA 7610, the Anti-Child Abuse Law, as amended by RA 7658;

(k)

Cases of domestic violence against women and children;

General powers and duties of guardians (Rule 96)


(1)

The powers and duties of a guardian are:

(a) To have care and custody over the person of his ward, and/or the management of his estate
(Sec. 1);
(b)

To pay the just debts of his ward out of the latters estate (Sec. 2);

(c) To bring or defend suits in behalf of the ward, and, with the approval of the court,
compound for debts due the ward and give discharges to the debtor (Sec. 3);

(d) To manage the estate frugally and without waste, and apply the income and profits to the
comfortable and suitable maintenance of the ward and his family (Sec. 4);
(e)

To sell or encumber the real estate of the ward upon being authorized to do so (Sec. 4);

(f)
To join in an assent to a partition of real or personal estate held by the ward jointly or in
common with others (Sec. 5).
Conditions of the bond of the guardian
(1)

Under Sec. 1, Rule 94, the conditions for the bond of a guardian are:

(a)

To file with the court complete inventory of the estate of the ward within 3 months;

(b) To faithfully execute the duties of his trust to manage and dispose of the estate according to
the Rules for the best interests of the ward, and to provide for the proper use, custody, and
education of the ward;
(c) To render a true account of all the estate, and of the management and disposition of the
same;
(d) To settle his accounts with the court and deliver over all the estate remaining in his hands
to the person entitled thereto;
(e) To perform all orders of the court by him to be performed (Sec. 1; Sec. 14, AM 03-02-05SC).
Rule on Guardianship over Minors (AM 03-02-05-SC)
(1)
The father and mother shall jointly exercise legal guardianship over the person and
property of their unemancipated common child without the necessity of a court appointment. The
Rule shall be suppletory to the provisions of the Family Code on guardianship (Sec. 1).
(2) On grounds authorized by law, any relative or other person on behalf of a minor, or the
minor himself if 14 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 DSWD and of the DOH in the case of an insane minor who needs to be
hospitalized (Sec. 1).
(3)

Grounds of petition (Sec. 4):

(a)

Death, continued absence, or incapacity of his parents;

(b)

Suspension, deprivation or termination of parental authority;

(c) Remarriage of his surviving parent, if the latter is found unsuitable to exercise parental
authority; or
(d)

When the best interest of the minor so require.

(4)

Qualifications of guardians (Sec. 4);

(a)

Moral character;

(b)

Physical, mental and psychological condition;

(c)

Financial status;

(d)

Relationship of trust with the minor;

(e) Availability to exercise the powers and duties of a guardian for the full period of the
guardianship;
(f)

Lack of conflict of interest with the minor; and

(g)

Ability to manage the property of the minor.

(5) Order of preference in the appointment of guardian or the person and/or property of minor
(Sec. 6):
(a) The surviving grandparent and in case several grandparents survive, the court shall select
any of them taking into account all relevant considerations;
(b)

The oldest brother or sister of the minor over 21 years of age, unless unfit or disqualified;

(c)

The actual custodian of the minor over 21 years of age, unless unfit or disqualified; and

(d) Any other person, who in the sound discretion of the court, would serve the best interests
of the minor.
(6)

Factors to consider in determining custody:

(a) Any extrajudicial agreement which the parties may have bound themselves to comply with
respecting the rights of the minor to maintain direct contact with the non-custodial parent on a

regular basis, except when there is an existing threat or danger of physical, mental, sexual or
emotional violence which endangers the safety and best interests of the minor;
(b) The desire and ability of one parent to foster an open and loving relationship between the
minor and the other parent;
(c)

The health, safety and welfare of the minor;

(d) Any history of child or spousal abuse by the person seeking custody or who has had any
filial relationship with the minor, including anyone courting the parent;
(e)

The nature and frequency of contact with both parents;

(f)

Habitual use of alcohol, dangerous drugs or regulated substances;

(g)

Marital misconduct;

(h)
The most suitable physical, emotional, spiritual, psychological and educational
environment for the holistic development and growth of the minor; and
(i)
The preference of the minor over 7 years of age and of sufficient discernment, unless the
parent chosen is unfit (Sec. 14, AM No. 03-04-04-SC).
(7) 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.

Anda mungkin juga menyukai