SALIENT PROVISIONS ON THE RULES ON GUARDIANSHIP OF MINORS AM. NO. 03-02-05APPLICABILITY OF THE RULE SECTION | This Rule shall apply to petitions for guardianship over the person or property, or both, of a minor. The father and the mother shall jointly exercise legal guardianship over the person and property of their unemancipated common child without the necessity of a court appointment. In such case, this Rule shall be suppletory to the provisions of the Family Code on guardianship.GUARDIANSHIP DEFINED * 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. +A. trust relation which one person called a“guardian” act for another called a “ward”, whom the law regards as incapable of managing his or her own affairs) PURPOSE OF GUARDIANSHIP A guardian is appointed to safeguard the rights and interests of minors and incompetent persons such that the courts hould be vigilant to see that the rights of such persons are properly protected. It is intended to preserve the ward's property, as well as render the any assistance that the ward may personally require., .. er & CUSTODY VS, GUARDIANSHIP Guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.WHO MAY PETITION BSR, APPOINTMENT OF GUARDIAN SECTION 2 On grounds authorized by law, any relative or other person on behalf of a minor, or the minor himself if fourteen 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 Social Welfare and Development and by the Secretary of Health in the case of an insane minor who needs to be, hospitalized.GUARDIAN A person lawfully appointed to safeguard the rights and interests of minors and incompetent persons 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.WARD The person under guardianship whom the law_ regards’ as incapable of managing his own affairsKINDS OF GUARDIANACCORDING TO SCOPE OF POWERS GENERAL GUARDIAN OF THE PERSON GUARDIAN OF THE SUAROIAN PROPERTYACCORDING TO THE CONSTITUTION 4 GUARDIAN AD JUDICIAL LEGAL GUARDIAN LITEM GUARDIANWHERE TO FILE THE PETITION A petition for guardianship over the person or property, or both, of a 7 minor may be filed in the Family Court of the province or city where , the minor actually resides. If he iG ides i i ge ] resides in a foreign country, the \\ = petition shall be flied with the Family Court of the province or city where his property or any part thereof is situated. (SECTION 3) my,CROUNDS OF WHE PEUTUION (SECTION 4) Death, continued absence, or incapacity of his parents Suspension, deprivation or SCT ae Pec etd rena ace nna Pau CRE mC cd CeCe LEE, When the best interests of the CLO nnCY CLLQUANFIGATIONS OF A (SECTION 5) IN APPOINTING A GUARDIAN, THE COURT SHALL CONSIDER THE GUARDIAN'S: SOOO ae PUN TCA CI ENTAG FINANCIAL RELATION OF CHARACTER AND PSYCHOLOGICAL CONDITION; STATUS TRUST WITH THE MINORLACK INTERES: ABILITY TO MANAGE THE PROPERTY OF THE MINOR OF CONFLICT OF T WITH THE MINORWHO MAY BE APPOINTED GUARDIAN OF THE PERSON OR PROPERTY, OB BOTH, OF A MINOR, (SECTION 6) IN DEFAULT OF PARENTS OR A COURT-APPOINTED GUARDIAN, THE COURT MAY APPOINT A GUARDIAN OF THE PERSON OR PROPERTY, OR BOTH, OF A MINOR, OBSERVING AS FAR AS PRACTICABLE, THE FOLLOWING ORDER OF PREFERENCE: (a) ene Sumit grandparent and In case several te epee survive, the court shall select any of them taking Into account all relevant considerations:G.R. No. 132223, June 19 2001ISSUE: WHO BETWEEN THE MOTHER AND GRANDMOTHER OF MINOR VINCENT SHOULD BE HIS GUARDIAN.y, RULING OF \) THE COURT(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified; (c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; (d) any other person, who in the sound discretion of the court, would serve the best interests of the minor.CONTENTS OF THE PETITION (SECTION 7) INCOMPENTENT PERSON MINORS 4, Jurisdictional Facts: a) The jurisdictional facts: Jurisdictional Facts to Be Alleged: (b) The name, age and residence of the RESIDENT INCOMPETENT prospective ward: (c) The ground rendering the ie see cf oe person for J appointment necessary or convenient: whom guardianship is soug! (d) The death of the parents of the minor (b.) The ward is domiciled in the or the termination, deprivation or Philippines suspension of their parental authority:CONTENTS OF THE PETITION INCOMPENTENT PERSON INORS (2.) Incompetency rendering the (e) The remarriage of the minor's appointment necessary or convenient, [| Surviving parent: 7 (f) The names, ages, and residences of (3) Names, ages and residences of} relatives within the Uith civil degree of Re ISRTERe o the minor, and of persons having him in ee eet ane) their care and custody: (4.) Probable value and character off (g) The probable value, character and his estate location of the property of the minor: andCONTENTS OF THE PETITION INCOMPENTENT PERSON MINORS (5) Name of theperson for who (h) The name, age and residence of letters of guardianship are the person for whom letters of prayed guardianship are prayed.OPPOSITION TO THE PETITION (SECTION 10) Any interested person may contest the petition by filing a written opposition based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable person named in the opposition.QUE? WHAT IF THE MINOR IS A NON-RESIDENT? >AM 03-02-05 SECTION 12 TA When the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the appointment of a guardian over the property.Notice of hearing of the petition shall be given to the minor by publication or any other means as the court may deem proper. The court may dispense with the presence of the non-resident minor. If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or convenient, it may appoint a guardian over his property.BOND OF GUARDIAN; AMOUNT; CONDITIONS (SECTION 6) BEFORE HE ENTERS UPON THE EXECUTION OF HIS TRUST, OR LETTERS OF GUARDIANSHIP ISSUE, AN APPOINTED GUARDIAN MAY BE REQUIRED TO POST A BOND IN SUCH SUM AS THE COURT SHALL DETERMINE AND CONDITIONED AS FOLLOWS: >» (a) To make and return to the court, within three — months after the issuance of his letters of — guardianship, a true and complete inventory of all oe the property, real and personal, of his ward which — shall come to his possession or knowledge or to the possession or knowledge of any other person oi in his behalf:(b) To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule for the best interests of the ward, and to provide for his proper care, custody and education; (c) To render a true and just account of all the property of the ward in his hands, and of all proceeds or interest derived therefrom, and of the management and disposition of the same, at the time designated by this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him on such settlement, to the person lawfully entitled thereto; and(d) To perform all orders of the court and such other duties as may be required by law.GENERAL DUVIES OF A GUARDIAN Section 17 A guardian shall have the care and custody of the person of his ward and the management of his property, or only the management of his property. The guardian of the property of a nonresident minor shall have the management of all his property within the Philippines.A guardian shall perform the following duties: A To ea y the just abi of e ward out of the personal property fant the income of the real property of the ward, If the same is sufficient: otherwise, out of the real property of the ward upon ‘obtaining an order for its sale or encumbrance; B To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the deb: n receiving a fair and ay dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings. unless another person is appointed for that purpose; G To manage the property of the ward frugally and without waste, and apply the income and profits thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court todo so;® B B Rgcosenute Jo submit to the court a (To report to the court personal property owned verified inventory of the any properts cf io joil il i war |0" jude y the ward joinfly or in property of his ward te ee teca ec i" commen) mith ot etsy ean three months! iMdiscovarsdkon upon authority grante: after his appointment, ; by the court after and annually thereafter, rece o eed te ote pearing) notice boy the rendition of which Within three months Gan Rearatca ee ward. may be required upon the after such discover retul application of an ; i investigation as to the merce succession, or interested person; acquisition; and necessity and propriet of the iropoeedl tetion:6 To render to the court for its approval an accounting of the property one year from his appointment, and every year thereafter or as of ten as may be required.GROUNDS FOR REMOVAL OR RESIGNATION OF GUARDIAN Section 24 When a guardian becomes insane or otherwise Ol incapable of discharging his trust or is found thereafter to be unsuitable, When guardian has wasted or mismanaged 02 the property of the ward, When a guardian has failed to render an account or make a return for thirty days after it is due,WHAT DOES THB GOURT BOY The court may, upon reasonable notice to the guardian, remove him as such and require him to surrender the property of the ward to the person found to be lawfully entitled thereto. The court may allow the guardian to resign for justifiable causes. Upon the removal or resignation of the guardian, the court shall appoint a new one.REMEMBER! No motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting of the property of the ward and the court has approved the same.GROUND FOR TERCUINATION OF GUARDIANSTIP Section 25 The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship. Ah ail THE WARD HAS COME TO AGE OR HAS DIED é °& ARTICLE 223 TY Se a ae ea LCL OC cae institution exercising parental authority, may petition the proper court of RCM UML Met CO CU TOU TL Ce Tera EL measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary Cee RU ra Le he eC Rey Cert CCU ete eT Oe CLs ee an eC LCN he LLY warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.& Ys a ee rr ome ne Le tC aC Oe OO ae eC CO CR Une tig days in entities or institutions engaged in child care or in CUM OR be tet Bie MT UCU CCAM The parent exercising parental authority shall not interfere MTORR CUT Cte eee TT PE CRC ee Cue ten eee a Pecue eT CeCe eee) CCRC Cus Sauce canta MT 32) ene The parents have the right to demand respect and obedience from their unemancipated children~ 3 The law also grants parents the right and duty to impose discipline upon their children as ied (2 Y required under the circumstances. ,Ts Tat sy a at aL (ornai Code | expressly CO aba) ae punishments. Although the Family Code authorizes the imposition of disciplinary measures to the Cracks required under the Ca CC AT) eet} must not be interpreted as CTY: POD hs) ATT. Daye tT iArt. 332. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child.R.A. 7610 Special Protection of Children Against Abuse, Exploitation and Discrimination Act AN ACT PROVIDING FOR STRONGER DETERRENCE AND. SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER, PURPOSES, SOURCE: DEPARTMENT OF JUSTICE The parent concerned may also be held criminally liable for violation of Republic Act No. 7610, otherwise known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” if he or she employs excessive harshness or cruelty upon the child.COMMITMENT TO CHILD CARE ENTITIES Pie en Ce Cee eC Cem CULT mr UL Cir a Cnr cry PCO Cet eee See ar cee ert ct rs URC Ae a a) Oe eu a Ce entities or institutions engaged in child care or in children’ s homes duly accredited by the proper government agency.AW \\ FAMILY COBE OVER ADOPTED CHILD RD pe®o Lae If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same rs grounds prescribed for disinheriting an ascendant.3} vow et If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the % same grounds prescribed for disinheriting an ascendant. & &GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY ART, 281 FAMILY EODETreats the child with excessive harshness or cruelty: Gives the child corrupting orders, 4 counsel or example .Compels the child to beg Subjects the child or allows him to be subjected to acts of lasciviousnessART. ane FAMILY CODE If the person exercising parental authority has such person shall be by the court of such authority.Article 193, FCCAUSES FOR JUDICIAL SEPARATION OF ib PROPERTY Art. 135, Family Code Xx aeIF SEPARATION OF PROPERTY IS NOT PROVIDED FOR IN THE MARRIAGE SETTLEMENTS, IT MAY BE RESORTED TO BY THE SPOUSES DURING THE MARRIAGE IN TWO WAYS: By filing a petition for legal separation: By filing a petition for Separation of property, either voluntarily or for sufficient cause.Art, 135, fami o1 That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction; i 02 \ That the spouse of the petitioner has been judicially declared an —| absentee That loss of parental authority of the spouse of petitioner has been decreed by the court;That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101. That the spouse granted the 04 power of administration in the marriage settlements has abused that power That at the time of the petition, the spouses have been O55 separated in fact for at least one year and reconciliation is highly improbableThe presentation of the | | final judgment convicting ~ the accused of a crime | which carries with it civil _ interdiction Shall be enough _ bpsis for the arant of the decree o oF rope GePpEaior. of property. - aay ga SUT BRLESaGa pAUea aN © pala" « eoeasaae. | Civil Interdiction An accessory penalty which deprives shall the offender during the time of his sentence the following: (Art. 34 RPC) T { (1) right to dispose of his property by an act inter vivos; (2) marital rights, (3) parental authority; (4) guardianship of any ward; an (5) management of his property T +t —"“T SSThe, presentation of the. am __ final judgment convicting the accused of a crime which carries with it civil _ interdiction Shall be enough | Basie for the Henan of the decree of judicial: separation of property. fo Pet | He Judicial Declaration — of Absence ++ Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared (Art. 384 NCC)I dnl: + j—_}—}-_|_}_ _}_}_}. 4 }—+ PITT ere BE | Judicial Declaration of i Absence T Under Article 231 of the Family Code, the court may deprive the guilty party of || parental authority based on the grounds _| mentioned therein “if the degree of seriousness so warrants or the welfare of the child so demands” in an action filed | | The! presentation of the| 7 for the purpose or in a related case. final judgment convicting L = —>~theaccusedofiacrime. > Ifthe person exercising parental which carries with it civil authority has subjected the child or allowed him to be subjected to sexual - Mosk tartbeSranterthe —- abuse, such person shall also be permanently deprived by the court of decree of judicial: such authority. + ee PrORBE HY: oe e f{+} +} —} —_} 4__}__}__} - PP 4 BE — | | _ Abandonment or Failure | to Comply with T Obligations to rhe + | | | {| | | Family | za |__| The obligations referred to are | | those embraced by Articles 68 | | | up to 71 of the Family Code as regards the husband and wife | ] as well as Articles 220, 221 and ' To +— +} 225 of the same Code in regard i t to parents and their children.CLO ARTICLE 68 The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. ARTICLE 69 The husband and wife shall fix the family domicile ARTICLE 70 The spouses are jointly |-— responsible for the support [+ of the family ARTICLE 71 The management of the \ household shall be the right and |_| the duty of both spouses.The parents and those exercising parental authority shall have with the respect to their unemancipated children on 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 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 represent them in all matters affecting ther interests; (6) To demand fram them respect and obedience; (1) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians.Abuse of Power of Administration 7 it is necessary that the power of administration must be granted to the abusive spouse in the marriage settlement itself, otherwise the provi- —— sions of paragraph 5 of Article 135 will not apply. If the power of administration has been assumed solely by one of the spouses in view of the incapacity or inability of the other spouse to participate in the administration of the —_ absolute community or the conjugal partnership of gains, and not by virtue of the marriage settlements, any abuse of such power is not the ground contemplated in Article 135(5).Be — Separation in Fact A mere separation in fact between the spouses does not bring about a _ regime of separation of property. However, when the spouses have been separated in fact for at least one year and recon- ciliation is highly improbable, either of the spouse may petition for sepa- ration of property. {Revival of the Prop ertya Regime < of t pouses Art. 141, Family Code oWhen the civil interdiction terminates When the absentee Spouse reappearsWhen the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration; When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the otherWhen parental authority is judicially restored to the spouse previously deprived thereof When the spouses who have separated in fact for at least one year, reconcile and resume common life; orWhen after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the oint petition of the spouses, hey agree to the revival o the former property regime, No voluntary separation of property may thereafter be grante_ EMANCIPATION AGE OF MAJORITY R A ——QGaadiadddcadeodou Pn. 4 Emancipation takes place by the Unless otherwise | provided, majority commences at the age of eighteen yearsA eenaneipation takes place: ‘ an tS q o : Ww - ga ae 4 ™ py the recording in the Civil Register of an a agreement in a public instrument executed ra the parent exerssing parental autherity en 5 f ‘and the minor at least eighteen years of = By the marriage of the minor age Such emancipation shall be : irrevocable,EMANCIPATION ——— Freeing of the child from the parental authority and custody of, and from the obligation to render services to, the parentl and thereby rendering the child qualified and responsible for all acts of civil lifeEFFECTS OF EMMANCIPATION fYoueta et D Youutull paYasets tt} 1 3 2 r Termination of fe Child now acquires parental child is qualified and fall evil opacity and authority over responsible for all may now enter into the person and ate of eit fey save contracts without the property of the fre excep clon) assistance of his child | established by existing , arents or guardians. [ laws in special cases. { i aDerestee HOWEVER ope ane® d obligations e parents even ine’ Y eG arentol~~ When a.child, already emancipated but below 21, contracts |) marriage, Article 14 of the Family Code i still requires parental consent. 2 When a child, above 21 but below 25, contracts marriage, Article 15 of the Family Code still requires parental advice. 3 When a child, already emancipated but below 21, intends to execute a marriage settlement with his or her future spouse prior to the celebration of the marriage, the law requires that the person whose con- sent is required under article 14 of the Cod must be made a party “thereto ~os ; The obligation of the parents to support their children is not j co-terminus with the exercise of | parental authority : r 5 While the child is already emancipated and no longer under the parental authority of his parents, the parents are still liable for the quasi- delict committed by said child if the latter is below 21- —Y apticue 235 Fe 7 The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded- . —Y pavicue 237 F¢ The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil RegisterBERTILLO THANK YOU