Part II. Under Administrative Circular

No. 03-02-05-SC

“Rule on Guardianship of Minors”

What is the Difference between

SC A.M. No. 03-02-05 and the

rules on guardianship in the

rules of court?

The SC A.M. No. 03-02-05

covers the person and property or

both of the minor ward. The rules

on guardianship Of Incapacitated

Persons, now, only deals with

incapacitated persons who are 18

years old and above.

What is the sole concern of the

court in Guardianship?

The court, in guardianship

proceedings, is solely concerned with

the ward’s custody and proper

administration of his properties.

Conflicts regarding ownership or title

to property in the hands of a

guardian, in his capacity as such,

should be litigated in a separate

proceeding.

Can the court order the delivery

of Property of the ward found to

be embezzled or concealed?

Generally, the guardianship

court exercising special and limited

jurisdiction cannot actually order the

delivery of the property of the ward

found to be embezzled or concealed.

In a categorical language of this

court, only in extreme cases, where

property clearly belongs to the ward

or where

continuation...

his title thereto has been

judicially decided, may the court

direct its delivery to the guardian.

Under Section 1, who shall

exercise Guardianship over Minor

without court appointment?

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.

Under Section 2, who can file

Petition for Appointment of

Guardian?

Any relative or other person on

behalf of a minor, or the minor

himself if fourteen years of age or

over.

Where is the Venue for Filling

Guardianship?

Filed in the Family Court of the

province or city where the minor

actually resides. If he resides in a

foreign country, the petition shall be

filed with the Family Court of the

province or city where his property or

any part thereof is situated.

Enumerate the Grounds for the

Appointment of a guardian as

provided under Section 4.

The grounds are:• Death, continued absence, or

incapacity of his parents;• Suspension, deprivation or

termination of parental authority;• Marriage of his surviving parent, if

the latter is found unsuitable to

exercise parental authority; or

continuation...

• When the best interests of the

minor so unique.

Under section 5, what should the

court consider in appointing a

Guardian?

The following should be

considered:• Moral character;• physical, mental and psychological

condition;• financial status;• relationship of trust with the minor;• availability to exercise the powers

and duties of a guardian for the full

continuation...

period of the guardianship;• lack of conflict of interest with

the minor; and • ability to manage the property

of the minor.

What is the order of preference

in appointing a guardian, in

default of parents or a court-

appointed guardian pursuant to

section 6?

The order of preference are as

follows:• the surviving grandparent and in

case several grandparents survive,

the court shall any of them taking

into account all relevant

considerations;• The oldest brother or sister of the

minor over twenty-one years of

age,

continuation...• unless unfit or disqualified;• The actual custodian of the minor

over twenty-one years of age,

unless unfit of disqualified; and• Any other person, who in the

sound discretion of the court,

would serve the best interests of

the minor.

What are the required contents

and form in a petition of

guardianship under section 7?

A petition for the appointment of a general guardian must allege the following:• The jurisdictional facts;• The name, age and residence of the

prospective ward;• The ground rendering the

appointment necessary or convenient;

continuation...• The death of the parents of the minor or the termination, deprivation or suspension of their parental authority;

• The remarriage of the minor’s surviving parent;

• The names, ages and residences of relative within the 4th civil degree of the minor, and of persons having

continuation...

him in their care and custody;• The probable value, character and

location of the property of the minor; and

• The name, age and residence of the person for whom letters of guardianship are prayed.

Who can file an opposition to the

petition under section 10?

Any interested person may

contest the petition by filling 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.

Under section 11, can a hearing

on guardianship be closed to the

public?

At the discretion of the court,

the hearing on guardianship may be

closed to the public and the records

of the case shall not be released

without its approval.

Pursuant to Section 12, Explain

when and how a guardian of the

property for non-resident minor is

appointed.

continuation...

When the minor resides outside

the Philippines but has property in the

Philippines, any relative or friend of such

minor, or anyone interested in his

property, in expectancy or otherwise,

may petition the Family Court for the

appointment of a guardian over the

property.

continuation...

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 of the non-resident

Under section 19, can the

guardian sell the property of the

ward?

When the income of a property

under guardianship is insufficient to

maintain and educate the ward, or when

it is for his benefit that his personal or

real property or any part thereof be solid,

mortgaged or otherwise encumbered, and

the proceeds invested in safe and

productive security, or in the

improvement or security of other real

property.

May the court order an

investment of Proceeds and

direct management of property

under section 23?

The court may authorize and

require the guardian to invest the

proceeds of sales or encumbrances, and

any other money of his ward in his hands,

in real or personal property, for the best

interests of the ward, and make such

other orders for the management,

investment, and disposition of the

property and effects, as circumstances

may warrant.

Enumerate the grounds for

removal or resignation of

guardian under section 24?

• When a guardian becomes insane or otherwise incapable of discharging this trust;

• Found to be unsuitable;• Has wasted or mismanaged the

property of the ward;• Has failed to render an account or

make a return for thirty days after it is due.

• The court may allow the guardian to resign for justifiable causes.

What is the requirement before a

motion for removal or

resignation be granted under

section 24?

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.

Give the grounds for termination

of guardianship under section

25.

• The ward has come to age;• The ward died.