Guardianship

A judicial guardian is a competent person appointed by the court over the person and/or
properties of either a minor or an incompetent ward to represent the latter in all of her civil acts
and transactions (Florenz D. Regalado, Remedial law Compendium Volume II, 10th Revised
Edition, 2004).

“Sec. 2. Meaning of word “incompetent.” – Under this rule, the word “incompetent” includes
persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf
and dumb who are unable to read and write, those who are of unsound mind, even though they
have lucid intervals, and 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.”
(Rule 92, Revised Rules of Court).

“Sec. 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. xxx” (Rule 93, Revised Rules of Court).

The appointed judicial guardian acts as the administrator and manager of the properties and
affairs of the ward. The general duties and responsibilities of a guardian are likewise laid down
under Rule 96 of the Revised Rules of Court which includes among others: payment of the
ward’s debts, settling of her accounts, collecting debts, rendering an inventory of the ward’s
estate, appearing in court in actions for the ward, and other duties specified by the said rule.