2. Sec. 1 WHERE TO INSTITUTE PROCEEDINGS
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.
PREPARED BY: WILBERT B. CUALA
3. Sec. 1 WHERE TO INSTITUTE PROCEEDINGS
Guardianship 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.
PREPARED BY: WILBERT B. CUALA
4. Sec. 1 WHERE TO INSTITUTE PROCEEDINGS
It is designed to further the wards well
being not that of the guardian. It is intended
to preserve the ward’s property, as weel as to
render any assistance that the ward may
personally require.
PREPARED BY: WILBERT B. CUALA
5. Sec. 1 WHERE TO INSTITUTE PROCEEDINGS
VENUE FOR GUARDIANSHIP PROCEEDINGS
If the minor is in the Philippines
– the RTC of the place of residence of minor
– justice of peace of the municipality
– municipal trial court of chartered city
If not in the Philippines
– RTC where the property is situated
PREPARED BY: WILBERT B. CUALA
6. Sec. 2. Meaning of word "incompetent."
WHO ARE INCOMPETENT
– persons suffering the penalty of civil interdiction
– 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,
– other similar causes, cannot, without outside aid, take
care of themselves and manage their property
PREPARED BY: WILBERT B. CUALA
7. Sec. 3. Transfer of venue
• The purpose is to provide convenience to the
ward
• It lies only upon the exclusive jurisdiction of the
court
• The court may refuse the transfer if the
settlement is insufficient to show:
– the condition of the estate,
– the property of the ward
– the guardian just charges
PREPARED BY: WILBERT B. CUALA
