BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 93
APPOINTMENT OF GUARDIANS
SECTIONS 1-3
SECTION 1. WHO MAY PETITION FOR APPOINTMENT OF GUARDIAN FOR RESIDENT.
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 the court having jurisdiction for the appointment of a general guardian for the person or estate or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health in favor of an insane person who should be hospitalized, or in favor of an isolated leper.
If the interested person is a creditor and a mortgagee of the estate of a minor , he cannot be appointed guardian of the person and property of the latter. No man can serve two masters (Garchitorena vs Sotelo)
SECTION 2. CONTENTS OF PETITION.
A petition for the appointment of a general guardian must show, so far as known to the petitioner:
(a) The jurisdiction facts;
(b) The minority or incompetency rendering the appointment necessary or convenient;
(c) The names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care;
(d) The probable value and character of his estate;
(e) The name of the person for whom letters of guardianship.
The petition shall be verified; but no defect in the petition or verification shall render void the issuance of letters of guardianship.
SECTION 3. COURT TO SET TIME FOR HEARING. NOTICE THEREOF.
When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to 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, and may direct other general or special notice thereof to be given.
Notice of Application and Hearing
Notice for the hearing of the petition shall be served by the court to:
(1) the persons mentioned in the petition residing in the Philippines; (2) the minor himself if above 14 years of age and the incompetent himself.
A statutory requirement as to the giving of notice ordinarily is deemed to be mandatory and should be strictly complied with. As to the effect of failure to notify an alleged insane person, where such notice is required, it has sometimes been held that the appointment of a guardian without notice to the former is a jurisdictional defect which renders the appointment void and subject to collateral attack.
Service of the notice upon the minor if above 14 years of age or upon the incompetent, is jurisdictional. Without such notice the court acquired no jurisdiction to appoint a guardian.
SECTIONS 4-6
SECTION 4. Opposition to petition
Any interested person may, by filing a written opposition, contest the petition on the ground of :
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majority of the alleged minor,
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competency of the alleged incompetent, or
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the unsuitability of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.
SECTION 5. Hearing and order for letters to issue
At the hearing of the petition the alleged incompetent must:
a. be present if able to attend, and
b. it must be shown that the required notice has been given.
Thereupon the court shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall appoint a:
a. suitable guardian of his person or
b. estate, or
c. both with the powers and duties hereinafter specified.
SECTION 6.When and how guardian for non-resident appointed. Notice
When a person liable to be put under guardianship resides without the Philippines but has estate therein, any relative or friend of such person, or any one interested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such person and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such non-resident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.
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In the appointment of a guardian the courts should take into consideration the competency, character and financial condition of the prospective guardian. No person should be appointed guardian if his interests conflict with those of the ward or if he is a non-resident of the Philippines.
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The court has no jurisdiction to appoint a guardian over the person of a non-resident minor but there can be guardianship over the property of such non-resident minor.
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The appointment of a guardian is good until set aside and despite an appeal therefrom, the guardian can do whatever is necessary under the direction of the court, for the protection of the ward or his property.
SECTIONS 7-8
SECTION 7.Parents as Guardians
This provision may be deemed to have been modified by the provisions of the Family Code on Guardianship particularly Articles 225 and 220.
Art. 220
The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the following rights and duties:
1.To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;
2.To give them love and affection, advice and counsel, companionship and understanding;
3.To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;
4.To enhance, protect, preserve and maintain their physical and mental health at all times;
5. To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;
6. To present them in all matters affecting their interests;
7. To demand from them respect and obedience;
8. To impose discipline on them as may be required under the circumstances; and
9. To perform such other duties as are imposed by law upon parents and guardians.
Art. 225
The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a Court appointment. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the Court may determine, but not less than 10% of the value of their property or annual income
A verified petition for approval of the bond shall be filed in the proper Court of the place where the child resides, or if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.
Natural Guardian Cannot Dispose the Property of the Child
A father or mother, as the natural guardian of the minor under parental authority, does not have the power to dispose or encumber the property of the latter, such power is granted by law only to a judicial guardian of the ward’s property and even then only with Court’s prior approval secured in accordance with the proceedings set forth by the Rules of Court.
Remedy Against the Guardian who Disposed of the Property.
Vendee’s remedy against the natural guardian is not to recover ownership and possession of the properties sold but only to recover damages.
Section 8. Service of Judgment
Civil Registrar of the place where the minor or incompetent resides or where the property is situated shall be served with a copy of judgment.