The document summarizes the key provisions of SC A.M. No. 03-02-05, also known as the "Rule on Guardianship of Minors". It discusses who may be appointed guardian of a minor, the grounds and process for appointing a guardian, the powers and duties of guardians, and circumstances for removing or resigning as guardian. It also summarizes the differences between this rule and rules on guardianship of incapacitated persons aged 18 and over.

1. Part II. Under Administrative
Circular No. 03-02-05-SC
“Rule on Guardianship of
Minors”

2. What is the Difference between
SC A.M. No. 03-02-05 and the rules
on guardianship in the rules of
court?

3. 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.

4. What is the sole concern of the
court in Guardianship?

5. 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.

6. Can the court order the delivery
of Property of the ward found to
be embezzled or concealed?

7. 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

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his title thereto has been judicially
decided, may the court direct its
delivery to the guardian.

9. Under Section 1, who shall
exercise Guardianship over Minor
without court appointment?

10. 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.

11. Under Section 2, who can file
Petition for Appointment of
Guardian?

12. Any relative or other person on
behalf of a minor, or the minor himself if
fourteen years of age or over.

13. Where is the Venue for Filling
Guardianship?

14. 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.

15. Enumerate the Grounds for the
Appointment of a guardian as
provided under Section 4.

16. 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

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• When the best interests of the
minor so unique.

18. Under section 5, what should the
court consider in appointing a
Guardian?

19. 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

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period of the guardianship;
• lack of conflict of interest with
the minor; and
• ability to manage the property of
the minor.

21. What is the order of preference in
appointing a guardian, in default
of parents or a court-appointed
guardian pursuant to section 6?

22. 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,

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• 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.

24. What are the required contents
and form in a petition of
guardianship under section 7?

25. 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;

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• 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

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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.

28. Who can file an opposition to the
petition under section 10?

29. 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.

30. Under section 11, can a hearing
on guardianship be closed to the
public?

31. 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.

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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.

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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

34. Under section 19, can the
guardian sell the property of the
ward?

35. 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.

36. May the court order an
investment of Proceeds and direct
management of property under
section 23?

37. 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.

38. Enumerate the grounds for
removal or resignation of
guardian under section 24?

39. • 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.

40. What is the requirement before a
motion for removal or resignation
be granted under section 24?

41. 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.

42. Give the grounds for termination
of guardianship under section 25.

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