special rules implementing the family court acts of 1997 power point

SPECIAL RULES ON IMPLEMENTING THE FAMILY COURT ACT OF 1997

(Republic Act. No. 8369)

PREPARED BY: WILBERT B. CUALA

INTRODUCTION

The Rule on Guardianship of a minor or incompetent was under under Rule 92 to 97 of the 1964 Rules of Court and Republic Act 8369 otherwise known as Family Courts Act of 1997 vested the family court with exclusive original jurisdiction on guardianship of minor.


THE FAMILY COURT ACT OF 1997 (R.A. No. 8369)

Section 5 (B) provides the exclusive jurisdiction of Family Court over cases involving petitions for guardianship, custody of children, habeas corpus in relation to the latter;


IMPLEMENTING RULES

• Rules on Examination of Child Witness• A.M. No. 02-1-18-SC Re: Proposed Rule On

Juveniles In Conflict With The Law • A.M. No. 02-1-19-SC Re: Proposed Rule on

Commitment of Children• A.M. No. 02-6-02-SC Re: Rule on Domestic and

Inter Country Adoption• Rules on Declaration of Absolute Nullity of Void

Marriage and Annulment of Void Marriages.


IMPLEMENTING RULES

• Rule on Legal Separation• Rule on Provisional Remedies• Rule on Guardianship of Minor• Rule on Custody of Minor and Writ of Habeas

Corpus in Relation to Custody of Minors• Rule on Violence Against Women And Their

Children.


WHAT IS GUARDIANSHIP

It is a trust of the most sacred character in which one person called “guardian” acts for another called the ward whom the law regards as in capable of managing his own affairs.

It is designed to further the wards well being not that of the guardian. It is intended to preserve the ward’s property, as well as to render any assistance that the ward may personally require.


GUARDIAN DEFINE

A Guardian is person in whom the law has entrusted the custody and control of the person or estate of both an infant, insane or other person incapable of managing his own affairs.


NATURE OF GUARDIANSHIP

Generally, Guardianship is designed for

the protection of a minor or incompetent person, it is also intended to preserved the property and provide assistance, care and control to the ward.

Adhering the principle of “loco parentis” Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.


BASIS OF GUARDIANSHIP

The doctrine of Parens Patriae refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection.

For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention.


NECESSITY OF GUARDIANSHIP PROCEEDINGS

In a Guardianship proceedings, a person

whom adjudge by the court to be incompetent which cannot be validly served with summons and court notices for lack of discretion is given a guardian who will represent the ward.


PURPOSED OF GUARDIANSHIP

The very purposed of Guardianship is to take care and safeguard the right and interest of minors and incompetent person.


KINDS OF GUARDIANS

According to Scope or Extent• Guardian of Person- one who lawfully take

care of the minor as a parent.

• Guardian of property- one who is appointed by the court to manage the property of minor or incompetent.

• General Guardian- appointed by the court to take care both property and custody of minor or incompetent defend a minor, insane.


KINDS OF GUARDIANS

According to Constitution • Legal- guardian without the appointment of the

court.

• Guardian ad litem - appointed by Court of Justice to prosecute or defend a minor, insane or person declared to be incompetent, in an action in court.

• Judicial- appointed by court in pursuance to law, as guardian for insane persons, prodigals, minor heirs of deceased war veterans and other incompetent persons.


COURT WITH JURISDICTION OVER GUARDIANSHIP CASES

Batas Pambansa Blg. 129 vested the

Regional Trial Court the jurisdiction over guardianship proceedings regardless of the amount of property involved and without any distinction over the estate or person or both. R.A. 8369 vested the family court with exclusive original jurisdiction on Guardianship of minor.


RELATED CASE

GOROSTIAGA VS. SARTEG.R. No. L-45622
