Spec Pro Class 2020

SECTION 1: WHERE TO INSTITUTE PROCEEDINGS

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• Guardianship of the person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province, or in the Justice of the Peace of court of the municipality, or in the Municipal Court of the chartered city where the minor or incompetent person resides;and if he resides in a foreign country, in the Court of First Instance  of the province wherein his property or part thereof is situated;Provided, however, that where the value of the property of such minor or incompetent exceeds the jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance.

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• In the City of Manila, the proceedings shall be instituted in the Juvenile and Domestic Relations Court.

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• NOTE:

   Rules 92-97 of the Rules of Court governs the Guardianship over incompetents while Guardianship on Minors is now governed by the Rule on Guardianship of Minors (A.M. No. 03-02-05-SC)

 

• GUARDIANSHIP- is a trust relation of the most sacred character, in which one person, called a “guardian” acts for another called the “ward” whom the law regards as incapable of managing his own affairs.

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• GUARDIAN- Is a person in whom the law has entrusted the custody of the person or estate or both of an infant, insane, or other person incapable of managing his own affairs.

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CLASSIFICATION AND KINDS OF GUARDIAN:

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• According to Scope and Powers:

          1) GENERAL GUARDIAN-one whose responsibility is over the person                    of the ward and/or over his property.

          2) LIMITED GUARDIAN- one whose responsibility is over the ward’s                    property only.

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• According to the Constitution:

          1) GENERAL GUARDIAN

         2) LEGAL GUARDIAN- is a person who, without the need of judicial                     appointment, is designated as such by provision of law as in the                    case of the parents over the persons of their minor children.

          3) GUARDIAN AD LITEM- any competent person appointed by the                        Court to prosecute or defend a minor, insane or person declared                    to be incompetent, in an action in court.

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JURISDICTION AND VENUE OF A GUARDIANSHIP PROCEEDINGS:

 

• A) Guardianship OVER INCOMPETENTS       

               * the RTC of the place where the incompetent resides.

               * if a non-resident, with the RTC of the place where the                                    incompetent’s property or part thereof is situated

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• B) Guardianship over MINORS

               * Family Court of the place where the minor resides.

               * If non-resident, with the Family  Court  of  the place where the                       minor’s property or part thereof is situated. (A.M No. 03-02-05-                     SC, Rule on Guardianship over Minors, effective May 1, 2003)

 

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SECTION 2: MEANING OF WORD “INCOMPETENT”

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      Under this rule, the word “incompetent” includes:

             a. persons suffering the penalty of civil interdiction; or who are

             b. hospitalized lepers

             c. prodigals

             d. deaf and dumb who are unable to read and write

             e. those who are of unsound mind even though they have lucid                           intervals, and

             f.  persons not being 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.

 

 

SECTION 3: TRANSFER OF VENUE.

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      The Court taking cognizance of a guardianship proceeding, may transfer the same to the court of another province or wherein the ward has acquired real property, if he has transferred thereto his bona fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees. 

 

• NOTE:

      The purpose of this Section is to provide convenience to the ward.

      It lies only upon the exclusive jurisdiction of the Court.

 

• QUESTION:

   MAY THE COURT TAKING COGNIZANCE OF A GUARDIANSHIP PROCEEDING TRANSFER THE SAME TO ANOTHER COURT?

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• ANSWER:

       YES. The Court taking cognizance od a guardianship proceeding, may transfer the same to the court of another province or municipality wherein the ward has acquired real property, if he has transferred thereto his bona fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees. (Rule 92, Sec 3)