ESCHEAT-GUARDIANSHIP-TRUSTEES-ADOPTION..pdf

Escheat de
fi
ned.
Escheat is a proceeding whereby the real and personal property of a deceased
person in the Philippines, who died without leaving any will or legal heirs,
become the property of the state upon his death.
•

Concept of escheat- it is a proceeding whereby the real and personal property
of a deceased person becomes the property of the State upon his death without
leaving a will or legal heirs.
It is not an ordinary action, but a special proceeding, and commenced by
petition and not by complaint. (Municipal of San Pedro Laguna, et. al. vs.
Colegio de San Jose, Inc.,et al., 65 Phil. 318)

Nature of Escheat Proceedings
rests on the principle of ultimate ownership by the state of all property within its
jurisdiction.
•
Parties in Escheat Proceedings
An escheat proceeding is initiated by the government through the Solicitor
General. All interested parties, especially the
- actual occupants and
- adjacent lot owners
shall be personally noti
fi
ed of the proceeding and given the opportunity to
present their valid claims; otherwise, it will be reverted to the state.
•

When to
fi
le
Requisites for
fi
ling petition for escheat
1. person died intestate
2. he left properties in the Philippines
3. he left no heirs or persons entitled to the same.

AS A RULE, Escheat is proper when there is no will left by the decedent.
Instances where an escheat proceeding is proper even if the decedent died
testate?
Even if the decedent died testate but his will was not allowed to probate, it
is as if he died intestate. In such a case, if he has no known heirs and there are
no person entitled to his property the same can still be escheated.

Where to
fi
le
• Regional Trial Court of the place where the deceased was resident, or in
which he had estste, if he was a nonresident.
•
Parties in a petition for escheat
• Escheat proceeding must be initiated by the Solicitor General. All interested
parties, especially the actual occupant and the adjacent lot owners shall be
personally noti
fi
ed of the proceedings and given the opportunity to present
their vaid claims, otherwise the property will be reverted to the State (Tan
vs. City of Davao, G.R. No. L-44347, September 26, 1988).

Notice and Publication (Sec. 2, Rule 91)
1. Date of hearing not more than 6 months after entry of order.
2. Publication of order at least once a week for 6 consecutive weeks in
newspaper of general circulation in the province.
Publication jurisdictional
Publication of the notice of hearing is a jurisdictional requisite, non-compliance
with which a
ff
ects the validity of the proceedings (Divino v. Hilario, 62 Phil. 926).
•

Escheat of unclaimed balances
Unclaimed balances which include credits or deposits of money, bullion, security or
other evidence of indebtedness of any kind, and interest thereon with banks in favor of
any person unheard from for a period of ten (10) years of more, together with the
interest and proceeds thereof shall be deposited with the Insular Government of the
Philippines as the Philippine Legislature may direct (Act No. 3936, Unclaimed Balances
Act, Sec. 1)
Action to recover unclaimed balances shall be commenced by the Solicitor General in
an action for escheat in the name of the People of the Philippines in the Regional Trial
Court of the province where the bank is located, in which shall be joined as parties the
bank and such creditors or depositors. All or any member of such creditors or
depositors or banks, may be included in one action. (Id., Sec. 3; Republic vs. Court of
First Instance of Manila and Pres.. Roxas Rural Bank, Inc., G.R. No. L-30381, August
30, 1988)

Remedy of respondent against petition; period for
fi
ling a claim
Remedy of respondent against escheat petition
Motion to dismiss for failure to state a cause of action. where petition for
escheat does not state facts which entitle petitioner to the remedy prayed for
(Go Poco Grocery vs. Paci
fi
c Biscuit Co., 65 Phil. 443; Rep. vs, PNB, G.R. No.
L-16016, Dec. 30, 1961); or other grounds for dismissal under the rules
(Municipal Council of San Pedro, Laguna vs. Colegio de San Jose, 65 Phil. 318).
•

Filing of claim to estate (Sec. 4, Rule 91)
1. Devisee, legatee, widow, widower or other person entitled to such estate who
2. appears and
fi
les claim thereto within 5 years from date of judgment
(Note: 5-year period is prescribed to encourage would-be claimants to be
punctilious in asserting their claims, otherwise they may lose them forever in a
fi
nal judgment.)
3. shall have possession and title thereto or if sold, municipality or city accountable
to him for proceeds, after deducting reasonable charges of care of estate.
4. Claim not made within said time barred forever
5.
Remedy of respondent against petition; period for
fi
ling a claim

BAR QUESTION [1997]
Give the proper venue for the following special proceedings:
a) A petition to delcare as escheated a parcel of land owned by a resident of of
the Philippines who died intestate and without heirs or persons entitled to
the property.
ANS: A petition to declare as escheated a parcel of land owned by a resident of
the Philippined who died intestate and without heirs or persons entitled to the
property is the place where the deceased person last resided.

WHAT is the consequence if the claim on the escheated property is made after
the lapse of the
fi
ve (5) year period?
The right to claim the property is lost and the escheat judgment can no longer
be nulli
fi
ed. (Republic v. CA G.R. No. 14383, January 31, 2002)
With the lapse of the 5-year period therefore, private respondent has
irretrievably lost her right to claim and the supposed “discovery of the deeds
of donation” is not enough jusit
fi
cation to nullify the escheat judgement which
has long attained
fi
nality.
5 year period reckoned from the date of the entry of judgement.

BAR QUESTION [2002]
Suppose the property of D was declared escheated on July 1, 1990 in escheat
proceedings brought by the Solicitor General. Now, X, who claims to be an heir
of D,
fi
les an ction to recover the escheated property. Is the action viable? Why?
The action is not viable anymore. Section 3 of Rule 92 of the Revised Rules of
Court expressly provides that an action to recover escheated property must be
fi
led iwhtin
fi
ve years or the same will be barred forever. In this case, the
property had been escheated in favor of the government since July 1, 1990 and
therefore, the claim is beyond the time liitation allowed by law.

In an intestate estate proceeding, the probate court found that the decedent left
no heirs or persons entitled to his estate. Could the probate court then an there
decree that the estate be awarded to the State?
No. The proper escheat proceedings must be brought in which the requirements
under R91 (publication once a week for 6 consecutive weeks), should be
complied with. (De Guzman v. Sevilla, 47 Phil 891, [1974])

Procedure in an escheat proceeding:
1. When a person dies intestate leaving real or personal estate but with no heir or
person entitled to the same, the Solicitor General or his representative in behalf of the
Republic may
fi
le a petition with the RTC of the place where the deceased last resided
or in which he had estate, if the deceased is a non resident.
2. The court shall
fi
x a date and the place for the hearing which shall not be more than 6
months from the entry of the order and shall direct that a copy of the order be published
at least once a week for 6 consecutive weeks in a newspaper of general circulation.
3. The court shall adjudge that the estate of the deceased in the Philippines, after
payment of the debts and charges, shall be escheated.

• In an escheat proceeding, an opposition was
fi
led by the decedent’s heirs.
May the court convert the escheat proceedings to a probate proceeding and
distribute the estate to the oppositor-heirs?
• No. The proceedings were instituted as escheat proceedings and not for the
settlement of the estate of deceased persons. The court acquired jurisdiction
to hear the petition for escheat by virtue of the publication of the petition for
escheat. The jurisdiction acquired cannot be converted into one for the
distribution of the properties of the said decedents. For such proceedings to
be instituted, the proper parties must be presented and the proceedings
should comply with the requirements of the Rules. Hence, the escheat court
does not have the power to distribute the estate of the decedent and
adjudicate the properties to the opposites. (Negros Occidental Municipalities
of Magallon, Isabela and La Castellana v. Before, 109 Phil. 829 [1960]

• What is an action for reversion?
• An action brought by the Republic to recover properties alienated in violation
of the Constitution or of any statute. (S5, 91). Lands of the public domain and
real rights thereto which were acquired in violation of the Constitution or the
public land laws shall also be reverted to the State. (Sec. 21, Article XVII
Constitution).

• Which court has subject-matter jurisdiction over actions for reversion?
• The RTC pursuant to Sec. 44(e) of the Judiciary Act of 1948, which provides
that the RTC shall have original and exclusive jurisdiction over special
proceedings not otherwise provided for by law. An action for reversion is an
action for escheat, which is a special proceeding. (S5, R91).

• The Republic
fi
led with the RTC of Parañaque City an action for reversion
against Yujuico involving land in Parañaque with an assessed value of more
than 50,000. The Republic contended that the judgment of the CFI of Pasig,
acting as a land registration court, which decreed the issuance of an OCT
over the land is a nullity since the land was under water and thus part of the
Manila Bay. Does the RTC have jurisdiction over the action for reversion?
• No. Under B.P. Blg. 129, the Court of Appeals had exclusive jurisdiction over
actions for annulment of judgments of the RTC. Here the action at bottom
seeks to nullify the judgment of the CFI, acting as a land registration court, on
the ground that a land registration court cannot issue a title over property of
the public domain. Hence, it is the Court of Appeals which has original
exclusive jurisdiction pursuant to Sec. 9(2) of B.P. Blg. 129. (Yujuico vs.
Republic, G.R. No. 168861, Oct 26 2007)

• The Republic
fi
led with the RTC of Tanauan Batangas, an action for reversion
and cancellation of title against Malabanan. The Republic alleged that
Malabanan’s TCT No. T-24268 had emanated from Original Certi
fi
cate of Title
(OCT) No. 0-17421 of the ROD of Batangas, which was purportedly issued
pursuant to Decree No. 589383 in L.R.A. Record No. 50573; that upon
veri
fi
cation, the Land Registration Authority could not
fi
nd any copy of the
judgment rendered in LRC Record No. 50573; and that the tract of land
covered by TCT No. T-24268, being within the unclassi
fi
ed public forest,
remained part of the public domain that pertained to the State and could not
be subject of disposition or registration.
• Malabanan moved to dismiss the case, arguing that the RTC had no
jurisdiction over the action because it sought the annulment of the judgment
and the decree issued in LRC Record NO. 50573 by the Court of First
Instance, and thus an action for annulment of judgment under R47, the
jurisdiction over which pertained to the Court of Appeals pursuant to Yujuico
vs. Republic. Should the motion to dismiss be granted?

• No. The Jurisdiction over an action for reversion is with the RTC. The RTC
may properly take cognizance of reversion suits which do not call for an
annulment of judgment of the RTC acting as a Land Registration Court.
Yujuico is not apropos since here the Republic is not seeking the annulment
of the judgment from which Decree No. 589383 was derived inasmuch as
such judgment did not exist in the
fi
rst place. (Malabanan vs. Republic, Sept
19, 2018.)

G.R. No. 143483
Escheat – Escheat as a sovereign act; Prescriptive period to question judgment in an
escheat case
FACTS: Elizabeth Hankins died in 1985. Thereafter, the Republic
fi
led a petition for escheat
against the estate (two parcels of land) of Hankins as it appeared that she died intestate and
without any heir. Amada Solano, through her husband,
fi
led an intervention averring that Hankins
donated the properties to them. Their intervention was not granted because they cannot present
the Deeds of Donation. In 1989, the petition was granted and the estate of Hankins was
escheated in favor of the Republic.
In 1997, Solano went to the Court of Appeals to
fi
le a petition to have the judgment in the RTC
granting the escheat be annulled. Solano is now presenting the deeds of donation which she just
recently and
fi
nally found.
ISSUE: Whether or not Solano’s petition should prosper.
RULING: No. Sec. 4, Rule 91 of the Rules of Court provides that the prescriptive period to
fi
le a
claim against the escheated estate is
fi
ve (5) years from the date of judgment.

• Even though Art. 1144 under the Civil Code provides that actions accruing upon a judgment
may be brought within ten years from the judgment. Sec. 4, Rule 91 is an exception.
Escheat proceeding an exercise of state sovereign
Escheat is a proceeding, unlike that of succession or assignment, whereby the state, by virtue of
its sovereignty, steps in and claims the real or personal property of a person who dies intestate
leaving no heir. In the absence of a lawful owner, a property is claimed by the state to forestall an
open “invitation to self-service by the
fi
rst comers.” Since escheat is one of the incidents of
sovereignty, the state may, and usually does, prescribe the conditions and limits the time within
which a claim to such property may be made. The procedure by which the escheated property
may be recovered is generally prescribed by statue, and a time limit is imposed within which such
action must be brought. In this jurisdiction, claimants to an escheated property must
fi
le his claim
“within
fi
ve (5) years from the date of such judgment” otherwise they may lose them forever in a
fi
nal judgment.

Guardianship de
fi
ned.
•
Guardianship – a trust relation in which one person acts for another whom the
law regards as incapable of managing his own a
ff
airs. The person who acts is
called the guardian and the incompetent is called the ward.
•

Basis of Guardianship (Parens Patriae)
Where minors are involved, the State acts as parens patriae. It is the duty of
protecting the rights of persons or individuals who because of age or incapability are
in an unfavorable position vis-à-vis other parties.
•
Purpose of Guardianship
Safeguard the rights and interests of minors and incompetent persons Courts
should be vigilant to see that the rights of such persons are properly protected.
•

Guardian – a person in whom the
law has entrusted the custody and
control of the person or estate or
both of an infant, insane, or other
person incapable of managing his
own a
ff
airs.
•

KINDS OF GUARDIANS
1) Legal Guardian – such by provision of law without the need for judicial
appointment, as in the case of the parents over the persons of their minor
children, or in his absence the mother, with respect to the property of the minor
children not exceeding P50,000 in value;
(2) Guardian ad litem, who is a competent person appointed by the court for
purposes of a particular action or proceeding involving a minor;
(3) the Judicial guardian, or a person appointed by the court for the person
and/or property of the ward to represent the latter in all civil acts and litigation.

GENERAL GUARDIAN- one whose responsibility is over the person of the ward
or over his property
LIMITED GUARDIAN - is over the property only

Parents as guardians
When the property of the child under parental authority is worth P2,000.00 or
less, the father or the mother, without the necessity of court appointment, shall
be his legal guardian. When the property of the child is worth more than
P2,000.00, the father or the mother shall be considered guardian of the child’s
property, with the duties and obligations of guardians under these Rules, and
shall
fi
le the petition required by Section 2 hereof. For good reasons, the court
may, however, appoint another suitable person.(Sec. 7, Rule 93)
•

Bond of parents as guardians of property of minor. -
If the market value of the property or the annual income of the child exceeds
P50,000.00, the parent concerned shall furnish a bond in such amount as the
court may determine, but in no case less than 10% of the value of such property
or annual income, to guarantee the performance of the obligations prescribed
for general guardians. ( Sec. 16, RGM)
•
Conditions of the bond of the guardian
(a) Within 3 months after the issuance of letters of guardianship make inventory
of all the property; (b) faithfully execute the duties of the trust; (c) render a true
and just account of all the property of the ward; and (d) perform all orders of the
court (Sec. 1, Rule 94)

APPOINTMENT OF GUARDIANS
Factors considered in appointing a guardian:
a. the
fi
nancial situation
b. the physical condition
c. the sound judgment
d. prudence and trustworthiness
e. the moral character and conduct, and the present and past history of a prospective
appointee, as well as the pobability of his being able to exercise the powers and
duties of guardian for the full period during which guardianship is necessary.
(Francisco vs. CA, 127 SCRA 371)

• Rules 92-97 of the ROC limit its application only to guardianship of
incompetents who are not minors;
• Guardianship of Minors is governed by AM No 03-02-05 SC.

WHICH COURT HAS JURISDICTION OVER GUARDIANSHIP
PROCEEDINGS?
(Di
ff
erentiate it between guardianship of incompetents vs. guardianship of minors)
In guardianship proceedings involving incompetents who are not minors:
The RTC where he resides has jurisdiction pursuant to the provisions of BP 129
as amended.
Guardianship of Minors- Family Court where the minor resides.
GENERAL RULE: Venue is the place of residence of the minor or incompetent
person.
However, if the minor or incompetent resides outside the Philippines (non-
resident), the petition may be
fi
led in the Regional Trial Court of the place where
the property of such minor or incompetent may be situated.

BEST INTEREST OF THE CHILD
-primary consideration

1. there is express statutory recognition that, as a general rule, a mother is to be preferred in awarding
custody of children under the age of seven.
2. the caveart in Article 213 of the Family code cannot be ignored except when the court
fi
nds cause to
order otherwise.
-the so-called “tender-age presumption” under Article 213 of the Family Code may be overcome only by
compelling evidence of the mother’s un
fi
tness.
-the mother has been declared unsuitable to have custody of her children none or more of the following
instances:
neglect, abandonment, unemployment, immorality, habitual drunkenness, and drug addiction,
maltreatment of the child, insanity, or a
ffl
iction with a communicable disease.
-but sexual preference or moral laxity alone, does not prove parental neglect or incompetence. not even
the fact that a mother is a prostitute or has been unfaithful to her husband would render her un
fi
t to have
custody of her minor child.
to deprive the wife of custody, the husband must establish that her moral lapses have had an adverse
e
ff
ect on the welfare of the child or have distracted the o
ff
ending spouse from exercising proper parental
case. (JOYCELYN PABLO-GUALBERTO vs. RAFAELITO GUALBERTO, G.r. No. 156254, June 28, 2005.)

BAR QUESTIONS [1997]
Give the proper venue for the following special proceedings:
b) petition for the appointment of an administrator over the land and building left
by an American citizen residing in California, who had been declared
incompetent by an American Court.
ANS: A petition for the appointment of an administrator over the land and
building left by an american citizen residing in california, who had been declared
incompetent by an American Court is the Regional Trial Court of the place
where his property or part thereof is situated.

Rule on guardianship over minors
Governing rule on guardianship of minors
Guardianship of minors as distinguished from “incompetents” other than
minority is now governed by the RULE ON GUARDIANSHIP OF MINORS (A.M.
No. 003-03-05-SC), e
ff
ective May 1, 2003. This was promulgated by the
Supreme Court pursuant to the Family Courts Act of 1997 ( RA 8369) which
vested in the Family Courts exclusive jurisdiction on guardianship of minors.
Sections 1 and 27 of the RGM make it clear that it shall apply only to petitions
for guardianship over the person, property or both, of a minor. Petitions for
guardianship of incompetents who are not minors shall continue to be governed
by Rules 92-97 and heard and tried by regular Regional Trial Courts.

Rules 92-97 may therefore be deemed modi
fi
ed by the RGM.
Aside from the RGM, the Supreme Court also issued the following rules pursuant to the Family Courts Act:
1. Rule on Examination of a Child Witness (A.M. No. 00-4-07-SC), e
ff
ective December 15,
2000
2. Rule on Juveniles in Con
fl
ict with the Law (A.M.No. 02-1-18-SC), e
ff
ective April 15,
2002
3. Rule on Commitment of Children (A.M. No. 02-1-19-SC), e
ff
ective April 15, 2002
4. Rule on Domestic and Inter-Country Adoption (A.M.No. 02-6-02-SC), e
ff
ective August
22, 2002
5. Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
(A.M. No. 02-11-10-SC), e
ff
ective March 15, 2003
6. Rule on Legal Separation (A.M. No. 02-11-11-SC), e
ff
ective March 15, 2003
7. Rule on Provisional Orders (A.M. No. 02-11-12-SC), e
ff
etive March 15, 2003
8. Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Minors (A.M.
No. 03-04-04-SC), e
ff
ective May 15, 2003
9. Rule on Violence Against Women and Their Childen (A.M. No. 04-10-11-SC),
e
ff
ective November 15, 2004 (following the enactment of RA 9262, An Act De
fi
ning Violence against Women and their
Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes, or
Anti-VAWCI Law, e
ff
ective March 27, 2004)

Minors – those below 18 years old.
Incompetents – include
a. persons su
ff
ering under the penalty of civil interdiction
b. hospitalized lepers
c. prodigals
d. deaf and dumb who are unable to read and write
e. those of unsound mind, even though they have lucid intervals
f. persons not being of unsound mind, but by reason of age, disease, weak
mind, and other similar causes, cannot, without outside aid, take care of
themselves and manage their property

Who may petition for appointment of guardian of incompetent? (Sec. 1,
Rule 93)
•
Relative, friend, or other person on behalf of incompetent who has no parent
or lawful guardian, for the appointment of a general guardian for the person
or estate or both of such incompetent.

Who may petition for appointment of guardian of minor? (Sec. 2, RGM)
•
1.Relative or other person on behalf of the minor
2. Minor himself if 14 years of age or over for the appointment of a general
guardian over the person or property, or both, of such minor.
The petition may also be
fi
led by the Secretary of Social Welfare and
Development and Secretary of Health in the case of an insane minor person
who needs to be hospitalized.

Jurisdictional facts (Sec. 2, Rule 93)
1. incompetency of person for whom guardianship is sought; 2. domicile
Notice of application and hearing (Sec. 3) – NO PUBLICATION REQUIRED
Notice of hearing of the petition shall be served on
1. persons mentioned in the petition residing in the Philippines;
2. incompetent himself
* minor if 14 years of age or over (Sec. 8, RGM)
•

NOTICE IS JURISDICTIONAL
Service of notice upon the minor if 14 years of age or over or upon the
incompetent is jurisdictional. Without such notice, the court acquired no
jurisdiction to appoint a guardian (Nery vs. Lorenzo, 44 SCRA 431 [1972]).
The rules do not necessitate that creditors of the minor or incompetent be
likewise identi
fi
ed and noti
fi
ed. The reason is simple: because their presence is
not essential to the proceedings for appointment of a guardian. They will only
insist that the supposed minor or incompetent is actually capacitated to enter
into contracts, so as to preserve the validity of said contracts and keep the
supposed minor or incompetent obligated to comply therewith. (Alamayri vs.
Pabale, G.R. No. 151243, April 30, 2008)
•

Grounds of petition (Sec. 4, RGM)
1. death, continued absence, or incapacity of his parents
2. suspension, deprivation or termination of parental authority
3. remarriage of his surviving parent, if the latter is found unsuitable to exercise
parental authority
4. when the best interests of the minor so require
•
Who may be appointed guardian of the ward, or order of preference (Sec. 6.
RGM)
1. surviving grandparent and in case several grandparents survive, the court shall
select any of them taking into account all relevant considerations
2. oldest brother or sister of the minor over 21 years of age, unless un
fi
t or disqualitied
3. actual custodian of the minor over 21 years of age, unless un
fi
t or disquali
fi
ed
4. any other person, who in the sound discretion of the court, would serve the best
interests of the child.

• After the peitiion for the appointment of a general guardian is
fi
led, what shall
the court do next?
When a petition for the appointment of a general guardian is
fi
led, the court shall
fi
x a
time and place for hearing the same, and shall cause reasonable notice thereof to be
given to the persons mentioned in the petition residing in the province, including the
minor if above 14 years of age or the incompetent himself, and may direct other
general or special notice thereof to be given.
When a person liable to be put under guardianship resides without the Philippines but
the estate therein, any relative or friend of such person, or any one interested in his
estate, in expectancy or otherwise, may petition a court having jurisdiction for the
appointment of a guardian for the estate, and if, after notice given to such person and
in such manner as the court deems proper, by publication or otherwise, and hearing,
the court is satis
fi
ed that such non-resident is a minor or incompetent rendering a
guardian necessary or convenient, it may appoint a guardian for such estate.
The rule is substantially the same with respect to guardianship over minor with the
special requirement that notice of the hearing shall be given the minor if 14 years of
age or over. (S8RGM)

• May the social worker intervene in the guardianship case?
Yes. The social worker may intervene on behalf of the minor if he
fi
nds that the
petition for guardianship should be denied. (S9 RGM)

• May the petition be contested or opposed?
Yes. Any interested person may, by
fi
ling a written opposition, contest the
petition of the ground of majority of the alleged minor, competency of the
alleged incompetent, or the unsuitability of the person whom letters are prayed,
and may pray that the petition be dismissed, or that the letters od guardianship
issue to himself, or to any suitable person named in the opposition. (S4. R93,
S10RGM)

At the hearing of the petition:
• It must be shown that the requirement of notice has been complied with. The
prospective ward shall be presented to the court.
• The court shall hear the evidence of the parties in support of their respective
allegations. If warranted, the court shall appoint a suitable guardian of the
person or property, or both, of the minor.
• 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. (S11, RGM)
• In guardianship over the property of a non-resident minor, the court may
dispense with the presence of the non-resident minor. (S12RGM)

Rule on service of
fi
nal orders or judgments
• Final orders or judgments under this rule shall be served upon the civil
registrar of the municipality or city where the minor or incompetent person
resides or where his property or part thereof is situated. (S8, R93)
• In guardianship over minors, The
fi
nal and executory judgment or order shall
be served upon the Local Civil Registrar of the municipality or city where the
minor resides and the Register of Deeds of the place where his property or
part thereof is situated shall annotate the same in the corresponding title, and
report to the court his compliance within
fi
fteen days from receipt of the order.
(S13, RGM)

• Bonds of guardians
If the market value of the property or the annual Income of the child exceeds
P50,000.00, the parent concerned shall furnish a bond In such amount as the court
may determine, but in no case less than ten per centum of the value of such property
or annual income, to guarantee the performance of the obligations prescribed for
general guardians. (S16, RGM)
A veri
fi
ed petition for approval of the bond shall be
fl
ied in the Family Court of the place
where the child resides or, if the child resides in a foreign country, in the Family Court of
the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding In which all incidents
and issues regarding the performance of the obligations of a general guardian shall be
heard and resolved.
Hence the judgment therein shall be immediately
fi
nal and executory. (Art. 247, Family
Code)

Rule 95, Selling and Encumbering Property of the Ward
(S1, R95) A guardian should present a veri
fi
ed petition to the court by
which he was appointed praying for such an order and provided there
are valid grounds for the grant of such authority. A mere motion will not
su
ffi
ce.
The sale would be unenforceable if the guardian sells or encumber the
ward’s property without prior court authority. (Art. 1403 [1], Civil Code)

Grounds for the grant of authority to the guardian to sell or encumber the
estate of the ward:
1. When the income of the estate under guardianship is insu
ffi
cient to maintain
the ward and his family, or
2. When it appears that it is for the bene
fi
t of the ward that his real estate or
some part thereof be sold, or mortgaged or otherwise encumbered, and the
proceeds thereof put out at interest, or invested in some productive security, or
in the improvement or security or other real estate of the ward. (S1,95)

Property may be sold at a public auction or private
sale. (S4, R95) However, if the ward is a minor, the
sale of his or her property may be had only in a
public sale. (S22, RGM)

Rule 96. General Powers and Duties of Guardians.
• In general, a guardian has full authority to take possession of the property of
the ward and to perform all acts necessary for its management, and to bring
and defend such actions as may be needed for this purpose. (Caniza vs.
Court of Appeals, 268, SCRA 640)

• Every guardian must pay the ward's just debts out of his personal estate and
the income of his real estate, if su
ffi
cient; if not, then out of his real estate upon
obtaining an order for the sale or encumbrance thereof. (S2, R96; S17[a]RGM)
• Upon complaint of the guardian or ward, or of any person having actual or
prospective interest in the estate of the ward as creditor, heir, or otherwise,
that anyone is suspected of having embezzled, concealed, or conveyed away
any money, goods, or interest, or a written instrument, belonging to the ward
or his estate, the court may cite the suspected person to appear for
examination touching such money, goods, interest, or instrument, and make
such orders as will secure the estate against such embezzlement,
concealment or conveyance. (S6, R96; S18[c] RGM).

RULE 96
GENERAL POWERS AND DUTIES OF GUARDIANS
a. Have the care and custody of the person of the ward, and the management of his
estate, or the management of the estate only, as the case may be (section 1)
b. Pay the debts of the ward (Section 2)
c. Settle acounts, collect debts and appear in actions for ward (Section 3)
d. Manage the estate of the ward frugally, and apply the proceeds to maintenance the
ward (Section 4);
e. Render veri
fi
ed inventory within 3 months after his appointment and annually thereafrer
upon application of interested persons (Section 7);
f. Must present his account to the court for settlement and allowance (Section 8).

• No. While the guardianship court may issue an order directing a person
suspected of having embezzled, concealed, or disposed of a ward’s property
to appear for examination regarding such property, it may not resolve the
issue of title to the property because such an issue should be threshed out in
a separate ordinary action and not in a guardianship proceeding. Exception
would be in a case where the ward’s title to the property is clear and
indisputable in which case the guardianship court may issue an order
directing its delivery or return to the guardian. (Paciente vs. Dacuycuy, 114
SCRA 924)
May the guardianship court under S6, R96 and S18[c] of the RGM resolve the
issue of title to the property allegedly embezzled, concealed, or conveyed?

TERMINATION OF GUARDIANSHIP
• If upon petitionary the person declared incompetent or his guardian, relative,
or friend, and after trial, it is judicially determined that the person is no longer
incompetent, his competency shall be adjudged and the guardianship shall
cease. (S1, R97)
• The guardianship may also be terminated when it appears that the
guardianship is no longer necessary. (S3, R97)
• The court motu proprio or upon veri
fi
ed motion of any person allowed to
fi
le a
petition for guardianship may terminate the guardianship on the ground that
the ward has come of age or has died. (S25, RGM)

Rule 98
Trustees
Sec.1 When trustee appointed
1. A trustee necessary to carry into e
ff
ect the provisions of a
a. will
b. written instrument
2. shall be appointed by the RTC in which the will is allowed, or
3. RTC of the province in which the property or some portion thereof a
ff
ected
by the trust is situated.

Trust de
fi
ned.
A trust is a con
fi
dence reposed in one person, called the trustee, for the bene
fi
t
of another called the cestui que trust, with respect to property held by the
former for the bene
fi
t of the latter.
In a trust, the cestui que trust is the person who has an equitable interest in the
trust. The legal title of the trust, however, is given to the trustee.
The legal title of a property refers to the legal ownership which comes with the
right to control the property in compliance with the law. An equitable title gives a
person the right to enjoy the bene
fi
ts that come with the ownership of a property
despite them not being the legal titleholders.

Exercise of sound judgment by the court in the appointment of a trustee
Although the will does not name a trustee, the probate court exercises sound
judgment in appointing a trustee to carry into e
ff
ect the provisions of the will –
where a trust is actually created by the will by the provision that certain of the
property shall be kept together undisposed during a
fi
xed period and for a
stated purpose (Lorenzo v. Posadas, 64 Phil. 353).
•
Acquiring the trust by prescription
A trustee may acquire the trust estate by prescription provided there is a
repudiation of the trust, such repudiation being open, clear and unequivocal,
known to the cestui qui trust (Salinas vs. Tuazon, 55 Phil. 729).
Rule 98 applies only to express trust, one which is created by will or written
instrument, and not to an implied trust, which is deducible from the nature of the
transaction as a matter of intent, or which are superinduced on the transaction
by operation of law as matters of equity, independent of the particular intention
of the parties (O’Lao vs Co Co Chit, 220 SCRA 656).
•

Distinguished from executor/administrator
A trustee, like an executor or administrator, holds an o
ffi
ce of trust,
particularly when the trustee acts as such under judicial authority.
Distinction:
(1) duties of executors or administrators are
fi
xed and/or limited by law
while those of the trustee of an express trust are usually governed by the
intention of the trustor or the parties, if established by contract;
(2) duties of trustees may cover a wider range than those of executors or
administrators of the estate of deceased persons. (Araneta vs. Perez, G.R.
Nos. L-16185-86, May 31, 1962).

Conditions of the bond
The trustee must
fi
le a bond in an amount
fi
xed by the court payable to the
Government of the Philippines. Failure to do so shall be considered as declining or
resigning the trust.
Conditions of the bond:
1. Make and return to the court a true inventory of all real and personal estate that
at the time of the inventory shall have come to his possession or knowledge
2. Manage and dispose of all such estate according to law and the will of the
testator or provisions of the instrument or order under which he was appointed
3. Render a true account of the property in his hands
4. At the expiration of the trust, settle his accounts in court and pay over and
deliver all the estate remaining in his hands, or due from him on such settlement,
to the person or persons entitled thereto.

Grounds for removal and resignation of a trustee
The court may remove a trustee on the following grounds:
1. The removal appears essential in the interest of the petitioners
2. The trustee is insane
3. The trustee is otherwise incapable of discharging the trust or is evidently
unsuitable to act as one
A trustee, whether appointed by the court or under a written instrument, may
resign his trust if it appears to the court proper so allow such resignation

Extent of authority of trustee
a. The powers of a trustee appointed by a Philippine court cannot extend
beyond the con
fi
nes of the territory of the Republic of the Philippines. This is
based on the principle that his authority cannot extend beyond the jurisdiction
of the country under whose courts he was appointed.
b. In the execution of trusts, the trustee is bound to comply with the directions
contained in the trust instrument de
fi
ning the extent and limits of his authority,
and the nature of his power and duties.

Nature and concept of adoption
Adoption is a juridical act, a proceeding in rem which creates between two
persons a relationship similar to that which results from legitimate paternity and
fi
liation.
Purpose of Adoption
Adoption used to be for the bene
fi
t of the adoptor. It was intended to a
ff
ord
persons who have no child of their own the consolation of having one by
creating through legal
fi
ction the relation of paternity and
fi
liation where none
exists by blood relationship.
Present tendency – more toward the promotion of the welfare of the child, and
enhancement of his opportunities for a useful and happy life.
•

Under the law now in force, having legitimate, legitimated, acknowledged
natural children or children by legal
fi
ction is no longer a ground for
disquali
fi
cation to adopt.
Objectives of Rule on Adoption
a.Best interests of child – paramount consideration in all matters relating to his
care, custody and adoption.
b. The state shall provide alternative protection and assistance thru foster care
or adoption for every child who is a foundling, neglected, orphaned, or
abandoned.

Laws on adoption
The prevailing laws on adoption are RA 8552 ( Domestic Adoption Act of
1998) and RA 8043 (Inter-Country Adoption Act of 1995). Relevant also is the
Family Code (EO 209, e
ff
ective August 3, 1988, which repealed the substantive
provisions of PD 603 and EO 91 on adoption).
Rule on Adoption (A.M. No. 02-6-02-SC), or ROA, e
ff
ective August 22, 2002 –
Guidelines issued by the Supreme Court in petitions for adoption. The Rule
repealed Rules 99-100. It covers domestic adoption (Secs. 1-25) and inter-
country adoption (Secs. 26-32).

Distinguish domestic adoption from inter-country adoption
Judicial Adoption
The following may adopt: (a) Any
Filipino citizen;
(b) Any alien possessing the same
quali
fi
cations as above stated for
Filipino nationals;
(c)The guardian with respect to the
ward.
Extrajudicial Adoption
An alien or a Filipino citizen
permanently residing abroad may
fi
le an application for inter-country
adoption of a Filipino child
Domestic Adoption Inter-country Adoption
Type of
Proceeding
Who may
adopt

The following may be adopted:
(a) Any person below eighteen (18) years of age who has
been administratively or judicially declared available for
adoption;
(b) The legitimate son/daughter of one spouse by the other
spouse;
(c) An illegitimate
son/daughter by a quali
fi
ed adopter to improve his/her status
to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person
has been consistently considered and treated by the
adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died;
Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent(s) (Section 8)
Only a legally free child may
be the subject of inter- country
adoption
The Philippine Inter-Country Adoption Act, on the other hand, provides
that “only a legally free child may be the subject of inter-country
adoption.” By de
fi
nition, a “legally-free child” means a child who has
been voluntarily or involuntarily committed to the Department of Social
Welfare and Development, in accordance with the Child and Youth
Welfare Code. Thus, a Filipino who is not a “legally-free child” within the
contemplation of the law may not be the subject of inter-country
adoption.
Who may be
adopted

Family Court of the place where
the adopter resides
RTC having jurisdiction over the
child, or with the Inter-Country
Adoption Board, through an
intermediate agency, whether
governmental or an authorized
and accredited agency, in the
country of the prospective
adoptive parents. (Section 10)
Where to
fi
le
application

May include prayer for change of
name, recti
fi
cation of simulated
birth or declaration that the child
is a foundling, abandoned,
dependent or neglected child.
Only petition for adoption.
What
petition for
adoption
may include

Supervised trial custody period
in the Philippines for at least six
(6) months (Court may reduce
period or exempt parties from
trial custody) (Section 12)
Supervised trial custody period in
the Philippines for at least six (6)
months. (Section 14)
Supervised
trial custody

Domestic Adoption
Who may adopt
(Sec. 7, RA 8552; Sec. 4, ROA)
1. Any FILIPINO
- of legal age
- in possession of full civil capacity and legal rights
- of good moral character
- has not been convicted of any crime involving moral turpitude
- emotionally and psychologically capable of caring for children
- at least 16 yrs. older than the adoptee
* may be waived when adopter is biological parent of adoptee or is spouse of
adoptee’s parent
- in a position to support and care for his children in keeping with means of the
family.
2.Any ALIEN possessing same quali
fi
cations, subject to certain conditions.

HUSBAND AND WIFE MUST JOINTLY ADOPT (Sec. 7, RA 8552; Sec. 4, ROA)
a. EXCEPTIONS:
a) if one spouse seeks to adopt legitimate child of the other;
b) if one spouse seeks to adopt his own illegitimate child (provided the other
spouses signi
fi
ed his consent thereto)
c) if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate
child of the other, joint parental authority shall be exercised by the spouses.
Venue (Sec. 6, ROA)
Family court of province or city where prospective adoptive parents reside.

Whose consent necessary (Sec. 9, RA 8552)
1. biological parents of adoptee, if known
*However, consent of biological parents, even if they are known, is not
necessary if they have ABANDONED the child (Lang vs. CA, 298 SCRA 128
[1998]).
2. adoptee, if 10 years of age or older
3. legitimate or adopted children of adopter or adoptee, if 10 years of age or
older
4. illegitimate children of adopter, if living with him, if 10 years of age or older
5. spouse of adopter or adoptee

Change of name (Sec. 10, ROA)
In case petition also prays for change of name, title or caption must contain:
a. registered name of child
b. aliases of other names by which child has been known
c. full name by which child is to be known

PUBLICATION JURISDICTIONAL
Adoption is in rem-involves the status of persons.
Decree of adoption
If supervised trial custody SATISFACTORY and
-court CONVINCED from trial custody report and evidence adduced that
-adtoption shall redound to the BEST INTERESTS of adoptee
-DECREE OF ADOPTION issued which shall take e
ff
ect as of date original
petition
fi
led even if petitioners DIE before issuance

a. e
ff
ects of adoption – parental authority, legitimacy, succession (See Secs. 16-
18, RA 8552)
(1) For civil purposes the adopted shall be deemed to be a legitimate child of the adoptioners and both
shall acquire the reciprocal rights and obligations arising from the relationship of parents and child,
including the right of the adopted to use the surname of the adopters; (2) The parental authority of the
parents by nature over the adoped shall terminate and be vested in the adopters, except that if the adopter
is the spouse of the parents by nature of the adopted, the parental authority over the adopted shall be
exercised jointely by both spouses; and (3) The adopted shall remain an intestate heir of his parents and
other blood relatives. (Art. 189, Family Code)
Adoption strictly between adopter and adopted
If adopting parent should die before adopted child, latter cannot represent the adopter in the inheritance
from the parents and ascendants of the adopter. Adopted child is not related to the deceased in that case
because
fi
liation created by
fi
ction of law is exclusive between adopted and adopter. By adoption, the
adopters can make for themselves an heir but they cannot make one for their relatives.(Republic vs.
Valencia, G.R. No. L-32181, March 5, 1986)
An illegitimate child, upon adoption by her natural father, may use the surname of her natural
mother as her middle name. (In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No.
148311, March 31, 2005.)

b. instances when adoption may be rescinded
RESCISSION OF ADOPTION BY ADOPTEE
Petition VERIFIED
Filed by adoptee
- over 18 years of age
- with assistance of DSWD, if minor
- by guardian or counsel, if over 18 but incapacitated
Grounds committed by ADOPTER:
1. repeated physical and verbal maltreatment by adopter despite having
undergone counseling
2. attempt on life of adoptee
3. sexual assault or violence
4. abandonment or failure to comply with parental obligations

Adoption, being for the best interest of the child, is not subject to rescission by ADOPTER. However, the
adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code.(Sec. 19, R.A.
8552). These causes are as follows:
1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her
spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes
imprisonment for six years or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the
testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue in
fl
uence causes the testator to
make a will or to change one already made;
(5) A refusal without justi
fi
able cause to support the parent or ascendant who disinherits such child or
descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant; (7) When a child or descendant
leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction.

• Venue - Family Court of province where adoptee resides (Sec. 20, ROA)
• Time within which to
fi
le petition
If MINOR – within 5 yrs. after reaching age of majority
If INCOMPETENT – within 5 yrs. after recovery from incompetency.
• c. E
ff
ects of rescission of adoption ( Sec. 23, ROA)
(a) parental authority of the biological parent of the adoptee, if known, or the legal custody of
DSWD is restored if the adoptee is still a minor or incapacitated;
(b) reciprocal rights and obligations of the adopter and adoptee to each other are
extinguished;
(c) succession rights revert to their status prior to adoption, as of the date of judgment of
rescission, but vested rights acquired prior to rescission are to be respected
(d) court shall order adoptee to use the name stated In the original birth or foundling
certi
fi
cate
(e) court shall order the Civil Registrar where the adoption decree was registered to cancel
the new birth certi
fi
cate of the adoptee and reinstate the original birth or foundling certi
fi
cate

Inter-country Adoption
a. when allowed
Inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently
residing abroad is allowed by law if such children cannot be adopted by quali
fi
ed Filipino citizens or
aliens.
b. functions of the RTC (Family Court)
A veri
fi
ed petition for inter-country adoption may be
fi
led by a foreign national or Filipino citizen
permanently residing abroad with the Family Court having jurisdiction over the place where the child
resides or may be found. Its functions are (1) receive the application, (b) assess the quali
fi
cation of the
prospective adopter and (3) refer its
fi
ndings, if favorable, to the Inter-Country Adoption Board. The
latter, on its own, however, can receive the original application (RA 8043, Sec. 10; Rule on Adoption,
Secs. 28 & 32))
The Inter-Country Adoption Board is the central authority in matters relating to inter-country adoption.
It is the policy-making body for purposes of carrying out the provisions of the law, in consultation and
coordination with the DSWD, the di
ff
erent child-care and placement agencies, adoptive agencies as
well as non-governmental organizations engaged in child care and placement activities (RA 8043,
Sec. 4).

c. “best interest of the minor” standard
Inter-country adoption is allowed only when the same shall prove bene
fi
cial to
the child’s best interests, and shall serve and protect his/her fundamental rights
(RA 8043, Sec. 2)
Only a child legally available for domestic adoption may be the subject of inter-
country adoption (Rule on Adoption, Sec. 29).
Financial quali
fi
cation in adoption
Since the primary consideration in adoption is the best interest of the child, it
follows that the
fi
nancial capacity of prospective parents should also be
carefully evaluated and considered. Certainly, the adopter should be in a
position to support the would-be adopted child or children, in keeping with the
means of the family..(Landingin vs. Republic, G.R. No. 164948, June 27, 2006)

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