A.M. NO.

03-02-05-SC [MAY 01, 2003] RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS RESOLUTION Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this Courts consideration and approval the Proposed Rule on Guardianship of Minors, the Court Resolved to APPROVE the same !he Rule shall ta"e effect on Ma# $, %&&' follo(ing its publication in a ne(spaper of general circulation not later than April $), %&&' chan robles virtual la( librar# April $, %&&' Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Car io, !ustria-Martinez, Corona, Car io-Moralez,Calle"o Sr., !z#una, JJ., #on#ur

RULE ON GUARDIANSHIP OF MINORS *ection $ Applicabilit# of the Rule + !his Rule shall appl# to petitions for guardianship over the person or propert#, or both, of a minor chan robles virtual la( librar# !he father and the mother shall ,ointl# e-ercise legal guardianship over the person and propert# of their unemancipated common child (ithout the necessit# of a court appointment .n such case, this Rule shall be suppletor# to the provisions of the /amil# Code on guardianship
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*ec % 0ho ma# petition for appointment of guardian + On grounds authori1ed b# la(, an# relative or other person on behalf of a minor, or the minor himself if fourteen #ears of age or over, ma# petition the /amil# Court for the appointment of a general guardian over the person or propert#, or both, of such minor !he petition ma# also be filed b# the *ecretar# of *ocial 0elfare and 2evelopment and b# the *ecretar# of 3ealth in the case of an insane minor (ho needs to be hospitali1ed chan robles
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*ec ' 0here to file petition + A petition for guardianship over the person or propert#, or both, of a minor ma# be filed in the /amil# Court of the province or cit# (here the minor actuall# resides .f he resides in a foreign countr#, the petition shall be flied (ith the /amil# Court of the province or cit# (here his propert# or an# part thereof is situated *ec 4 Grounds of petition 5 !he grounds for the appointment of a guardian over the person or propert#, or both, of a minor are the follo(ing6 7a8 death, continued absence, or incapacit# of his parents9 7b8 suspension, deprivation or termination of parental authorit#9 chan robles virtual la(
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7c8 remarriage of his surviving parent, if the latter .s found unsuitable to e-ercise parental authorit#9 or

7d8 (hen the best interests of the minor so re:uire *ec ) ;ualifications of guardians + .n appointing a guardian, the court shall consider the guardians6 7a8 moral character9 chan
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7b8 ph#sical, mental and ps#chological condition9 7c8 financial status9 7d8 relationship of trust (ith the minor9 chan robles
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7e8 availabilit# to e-ercise the po(ers and duties of a guardian for the full period of the guardianship9 7f8 lac" of conflict of interest (ith the minor9 and 7g8 abilit# to manage the propert# of the minor *ec < 0ho ma# be appointed guardian of the person or propert#, or both, of a minor + .n default of parents or a court5 appointed guardian, the court ma# appoint a guardian of the person or propert#, or both, of a minor, observing as far as practicable, the follo(ing order of preference6 7a8 the surviving grandparent and .n case several grandparents survive, the court shall select an# of them ta"ing .nto account all relevant considerations9 7b8 the oldest brother
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or sister of the minor over t(ent#5one #ears of age, unless unfit or dis:ualified9 7c8 the actual custodian of the minor over t(ent#5one #ears of age, unless unfit or dis:ualified9 and 7d8 an# other person, (ho in the sound discretion of the court, (ould serve the best interests of the minor *ec = Contents of petition + A petition for the appointment of a general guardian must allege the follo(ing6 7a8 !he ,urisdictional facts9 7b8 !he name, age and residence of the prospective (ard9 chan
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7c8 !he ground rendering the appointment necessar# or convenient9 chan robles
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7d8 !he death of the parents of the minor or the termination, deprivation or suspension of their parental authorit#9 7e8 !he remarriage of the minors surviving parent9 7f8 !he names, ages, and residences of relatives (ithin the 4th civil degree of the minor, and of persons having him in their care and custod#9 7g8 !he probable value, character and location

of the propert# of the minor9 and 7h8 !he name, age and residence of the person for (hom letters of guardianship are pra#ed !he petition shall be verified and accompanied b# a certification against forum shopping 3o(ever, no defect in the petition or verification shall render void the issuance of letters of guardianship *ec > !ime and notice of hearing + 0hen a petition for the appointment of a general guardian is filed, the court shall fi- a time and place for its hearing, and shall cause reasonable notice to be given to the persons mentioned in the petition, including the minor if he is fourteen #ears of age or over, and ma# direct other general or special notice to be given *ec ? Case stud# report + !he court shall order a social (or"er to conduct a case stud# of the minor and all the prospective guardians and submit his report and recommendation to the court for its guidance before the scheduled hearing !he social (or"er ma# intervene on behalf of the minor if he finds that the petition for guardianship should be denied chan robles virtual la( librar# *ec $& Opposition to petition + An# interested person ma# contest the petition b# filing a (ritten opposition based on such grounds as the ma,orit# of the minor or the unsuitabilit# of the person for (hom letters are pra#ed, and pra# that the petition be denied, or that letters
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of guardianship issue to himself, or to an# suitable person named in the opposition *ec $$ 3earing and order for letters to issue + At the hearing of the petition, it must be sho(n that the re:uirement of notice has been complied (ith !he prospective (ard shall be presented to the court !he court shall hear the evidence of the parties in support of their respective allegations .f (arranted, the court shall appoint a suitable guardian of the person or propert#, or both, of the minor chan robles virtual la( librar# At the discretion of the court, the hearing on guardianship ma# be closed to the public and the records of the case shall not be released (ithout its approval *ec $% 0hen and ho( a guardian of the propert# for non5 resident minor is appointed9 notice + 0hen the minor resides outside the Philippines but has propert# in the Philippines, an# relative or friend of such minor, or an# one interested in his propert#, in e-pectanc# or other(ise, ma# petition the /amil# Court for the appointment of a guardian over the propert# @otice of hearing of the petition shall be given to the minor b# publication or an# other means as the court ma# deem proper !he court ma# dispense (ith the presence of the non5resident minor .f after hearing the court is satisfied that such non5resident is a minor and a guardian is necessar# or convenient, it ma# appoint a guardian over his propert# chan robles virtual la( librar#
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*ec $' *ervice of final and e-ecutor# ,udgment or order + !he final and e-ecutor# ,udgment or order shall be served upon the Aocal Civil Registrar of the municipalit# or cit# (here the minor resides and the Register of 2eeds of the place (here his propert# or part thereof is situated shall annotate the same in the corresponding title, and report to the court his compliance (ithin fifteen da#s from receipt of the order *ec $4 Bond of guardian9 amount9 conditions 5 Before he enters upon the e-ecution of his trust, or letters of guardianship issue, an appointed guardian ma# be re:uired to post a bond in such sum as the court shall determine and conditioned as follo(s6 7a8 !o ma"e and return to the court, (ithin three months after the issuance of his letters of guardianship, a true and complete .nventor# of all the propert#, real and personal, of his (ard (hich shall come to his possession or "no(ledge or to the possession or "no(ledge of an# other person in his behalf9 7b8 !o faithfull# e-ecute the duties of his trust, to manage and dispose of the propert# according to this rule for the best interests of the (ard, and to provide for his proper care, custod#
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and education9 7c8 !o render a true and Cust account of all the propert# of the (ard in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated b# this rule and such other times as the court directs9 and at the e-piration of his trust, to settle his accounts (ith the court and deliver and pa# over all the propert#, effects, and monies remaining in his hands, or due from him on such settlement, to the person la(full# entitled thereto9 and chan robles
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7d8 !o perform all orders of the court and such other duties as ma# be re:uired b# la( *ec $) 0here to file the bond9 action thereon + !he bond posted b# a guardian shall be filed in the /amil# Court and, .n case of breach of an# of its conditions, the guardian ma# be prosecuted in the same proceeding for the benefit of the (ard or of an# other person legall# interested in the propert# 0henever necessar#, the court ma# re:uire the guardian to post a ne( bond and ma# discharge from further liabilit# the sureties on the old bond after due notice
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to interested persons, if no in,ur# ma# result therefrom to those interested in the propert# chan robles virtual la( librar# *ec $< Bond of parents as guardians of propert# of minor + .f the mar"et value of the propert# or the annual .ncome of the child e-ceeds P)&,&&& &&, the parent concerned shall furnish a bond .n such amount as the court ma# determine, but in no case less than ten per centurn of the value of such propert# or annual income, to guarantee the performance of the obligations prescribed for general guardians A verified petition for approval of the bond shall be flied in the /amil# Court of the place (here the child resides or, if the child resides in a foreign countr#, in the /amil# Court of the place (here the propert# or an# part thereof is situated !he petition shall be doc"eted as a summar# special proceeding .n (hich all incidents and issues regarding the performance of the obligations of a general guardian shall be heard and resolved chan
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*ec $= General duties of guardian + A guardian shall have the care and custod# of the person of his (ard and the management of his propert#, or onl# the management of his propert# !he guardian of the propert# of a nonresident minor shall have the management of all his propert# (ithin the Philippines A guardian shall perform the follo(ing duties6 7a8 !o pa# the ,ust
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debts of the (ard out of the personal propert# and the income of the real propert# of the (ard, .f the same is sufficient9 other(ise, out of the real propert# of the (ard upon obtaining an order for its sale or encumbrance9 7b8 !o settle all accounts of his (ard, and demand, sue for, receive all debts due him, or ma#, (ith the approval of the court, compound for the same and give discharges to the debtor on receiving a fair and ,ust dividend of the propert# and effects9 and to appear for and represent the (ard in all actions and special proceedings, unless another person is appointed for that purpose9 7c8 !o manage the propert# of the (ard frugall# and (ithout (aste, and appl# the income and profits thereon, insofar as ma# be necessar#, to the comfortable and suitable maintenance of the (ard9 and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal propert#, upon being authori1ed b# the court to do so9 7d8 !o consent to a

partition of real or personal propert# o(ned b# the (ard ,ointl# or in common (ith others upon authorit# granted b# the court after hearing, notice to relatives of the (ard, and a careful investigation as to the necessit# and propriet# of the proposed action9 7e8 !o submit to the court a verified inventor# of the propert# of his (ard (ithin three months after his appointment, and annuall# thereafter, the rendition of (hich ma# be re:uired upon the application of an interested person9 chan
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7f8 !o report to the court an# propert# of the (ard not included in the inventor# (hich is discovered, or succeeded to, or ac:uired b# the (ard (ithin three months after such discover#, succession, or ac:uisition9 and 7g8 !o render to the court for its approval an accounting of the propert# one #ear from his appointment, and ever# #ear thereafter or as often as ma# be re:uired *ec $> Po(er and dut# of the court + !he court ma#6 chan robles
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7a8 Re:uest the assistance of one or more commissioners in the appraisal of the propert# of the (ard reported in the initial and subse:uent inventories9 7b8 Authori1e reimbursement to the guardian, other than a parent, of reasonable e-penses incurred in the e-ecution of his trust, and allo( pa#ment of compensation for his services as the court ma# deem ,ust, not e-ceeding ten per centum of the net income of the (ard, if an#9 other(ise, in such amount the court determines to be a reasonable compensation for his services9 and 7c8 Dpon complaint of the guardian or (ard, or of an# person having actual or prospective interest in the propert# at the (ard, re:uire an# person suspected of having embe11led, concealed, or disposed of an# mone#, goods or interest, or a (ritten instrument belonging to the (ard or his propert# to appear for e-amination concerning an# thereof and issue such orders as (ould secure the propert# against such
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embe11lement, concealment or conve#ance *ec $? Petition to sell or encumber propert# 5 0hen the income of a propert# under guardianship is insufficient to maintain and educate the (ard, or (hen it is for his benefit that his personal or real propert# or an# part thereof be sold, mortgaged or other(ise encumbered, and the proceeds invested in safe and productive securit#, or in the improvement or securit# of other real propert#, the guardian ma# file a verified petition setting forth such facts, and pra#ing that an order issue authori1ing the sale or encumbrance of the propert# chan robles virtual la( librar# *ec %& Order to sho( cause + .f the sale or encumbrance is necessar# or (ould be beneficial to the (ard, the court shall order his ne-t of "in and all personEs interested in the propert# to appear at a reasonable time and place therein specified and sho( cause (h# the petition should not be granted *ec %$ 3earing on return of order9 costs + At the time and place designated in the order to sho( cause, the court shall hear the allegations and evidence of the petitioner and ne-t of "in, and other persons interested, together (ith their (itnesses, and grant or den# the petition as the best interests of the (ard ma# re:uire *ec %% Contents of order for sale or encumbrance and its duration9 bond + .f, after full e-amination, it is necessar#, or
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(ould be beneficial to the (ard, to sell or encumber the propert#, or some portion of it, the court shall order such sale or encumbrance the proceeds of (hich shall be e-pended for the maintenance or the education of the (ard, or invested as the circumstances ma# re:uire !he order shall specif# the grounds for the sale or encumbrance and ma# direct that the propert# ordered sold be disposed of at public sale, sub,ect to such conditions as to the time and manner of pa#ment, and securit# (here a part of the pa#ment is deferred !he original bond of the guardian shall stand as securit# for the proper appropriation of the proceeds of the sale or encumbrance, but the court ma#, if deemed e-pedient, re:uire an additional bond as a condition for the sale or encumbrance !he authorit# to sell or encumber shall not e-tend be#ond one #ear, unless rene(ed b# the court chan robles
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*ec %' Court ma# order investment of proceeds and direct management of propert# + !he court ma# authori1e and re:uire the guardian to invest the proceeds of sales or encumbrances, and an# other mone# of his (ard in his hands, in real or personal propert#, for the best interests of the (ard, and ma# ma"e such other orders for the management, investment, and disposition of the propert# and effects, as circumstances ma# (arrant *ec %4 Grounds for removal or resignation of guardian + 0hen
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a guardian becomes insane or other(ise incapable of discharging his trust or is found thereafter to be unsuitable, or has (asted or mismanaged the propert# of the (ard, or has failed to render an account or ma"e a return for thirt# da#s after it is due, the court ma#, upon reasonable notice to the guardian, remove him as such and re:uire him to surrender the propert# of the (ard to the person found to be la(full# entitled thereto !he court ma# allo( the guardian to resign for ,ustifiable causes Dpon the removal or resignation of the guardian, the court shall appoint a ne( one chan robles virtual la(
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@o motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting of the propert# of the (ard and the court has approved the same *ec %) Ground for termination of guardianship + !he court motu proprio or upon verified motion of an# person allo(ed to file a petition for guardianship ma# terminate the guardianship on the ground that the (ard has come of age or has died !he guardian shall notif# the court of such fact (ithin ten da#s of its occurrence *ec %< *ervice of final and e-ecutor# ,udgment or order + !he final and e-ecutor# ,udgment or order shall be served upon the Aocal Civil Registrar of the municipalit# or cit# (here the minor resides and
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the Register of 2eeds of the province or cit# (here his propert# or an# part thereof is situated Both the Aocal Civil Registrar and the Register of 2eeds shall enter the final and e-ecutor# ,udgment or order in the appropriate boo"s in their offices *ec %= Effect of the rule + !his Rule amends Rules ?% to ?= inclusive of the Rules of Court on guardianship of minors Guardianship of incompetents (ho are not minors shall continue to be under the ,urisdiction of the regular courts and governed b# the Rules of Court chan robles virtual la( librar# *ec %> Effectivit# 5 !his Rule shall ta"e effect on Ma# $, %&&' follo(ing its publication in a ne(spaper of general circulation not later than April $), %&&'
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