Special Rules Implementing the Family Court Acts of 1997 power point
1. SPECIAL RULES ON IMPLEMENTING
THE FAMILY COURT ACT OF 1997
(Republic Act. No. 8369)
PREPARED BY: WILBERT B. CUALA
2. 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.
PREPARED BY: WILBERT B. CUALA
3. 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;
PREPARED BY: WILBERT B. CUALA
4. 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.
PREPARED BY: WILBERT B. CUALA
5. 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.
PREPARED BY: WILBERT B. CUALA
6. 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.
PREPARED BY: WILBERT B. CUALA
7. 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.
PREPARED BY: WILBERT B. CUALA
8. 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.
PREPARED BY: WILBERT B. CUALA
9. 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.
PREPARED BY: WILBERT B. CUALA
10. 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.
PREPARED BY: WILBERT B. CUALA
11. PURPOSED OF GUARDIANSHIP
The very purposed of Guardianship is to
take care and safeguard the right and interest
of minors and incompetent person.
PREPARED BY: WILBERT B. CUALA
12. 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.
PREPARED BY: WILBERT B. CUALA
13. 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.
PREPARED BY: WILBERT B. CUALA
14. 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.
PREPARED BY: WILBERT B. CUALA
