This document discusses rules regarding the appointment of guardians in the Philippines. It differentiates between incompetency of a guardian and incompetency of a ward. It also differentiates persons who can petition for guardianship of a minor versus an incompetent person other than a minor. The contents of petitions for each are also differentiated. Related provisions of the Family Code on guardianship are cited. Factors for appointing a guardian are enumerated. Two court cases discussing guardianship are also summarized.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Article 1-26
Disclaimer:
All of the pictures and pieces of information on this site are the property of their respective owners. I do not hold any copyright in regards to these pictures and information. These pictures have been collected from different public sources including various websites, considered to be in the public domain. If anyone has any objection to display of any picture, image or information, it may be brought to my notice by sending an email (contact me) & the disputed media will be removed immediately, after verification of the claim.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Article 1-26
Disclaimer:
All of the pictures and pieces of information on this site are the property of their respective owners. I do not hold any copyright in regards to these pictures and information. These pictures have been collected from different public sources including various websites, considered to be in the public domain. If anyone has any objection to display of any picture, image or information, it may be brought to my notice by sending an email (contact me) & the disputed media will be removed immediately, after verification of the claim.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Departure from Criminal Justice System Order
HAQ: Centre for Child Rights
B1/2, GF, Malviya Nagar
New Delhi - 110049
Email - info@haqcrc.org
Website - www.haqcrc.org
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Philosopy of Teaching lesson which is other laws concerning the child and the school. An EXCERPT OF THE FAMILY CODE: Chapter 4 and 5 with articles from Article 225-233
Adoption in India is regulated based on Adoption Regulation 2017.Fundamental principles governing adoption.-
The following fundamental principles shall govern
adoptions of
children from India, namely:-
(a)
the child's best interests shall be of paramount co
nsideration, while processing any adoption placemen
t;
(b)
preference shall be given to place the child in ado
ption with Indian citizens and with due regard to t
he
principle of placement of the child in his own soci
o-cultural environment, as far as possible;
(c)
all adoptions shall be registered on Child Adoption
Resource Information and Guidance System and the
confidentiality of the same shall be maintained by
the Authority.
4.
Child eligible for adoption.-
The following shall be eligible for adoption, namel
y:-
(a)
any orphan or abandoned or surrendered child, decla
red legally free for adoption by the Child Welfare
Committee;
(b)
a child of a relative defined under sub-section (52
) of section 2 of the Act;
(c)
child or children of spouse from earlier marriage,
surrendered by the biological parent(s) for adoptio
n
by the step-parent
Departure from Criminal Justice System Order
HAQ: Centre for Child Rights
B1/2, GF, Malviya Nagar
New Delhi - 110049
Email - info@haqcrc.org
Website - www.haqcrc.org
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Philosopy of Teaching lesson which is other laws concerning the child and the school. An EXCERPT OF THE FAMILY CODE: Chapter 4 and 5 with articles from Article 225-233
Adoption in India is regulated based on Adoption Regulation 2017.Fundamental principles governing adoption.-
The following fundamental principles shall govern
adoptions of
children from India, namely:-
(a)
the child's best interests shall be of paramount co
nsideration, while processing any adoption placemen
t;
(b)
preference shall be given to place the child in ado
ption with Indian citizens and with due regard to t
he
principle of placement of the child in his own soci
o-cultural environment, as far as possible;
(c)
all adoptions shall be registered on Child Adoption
Resource Information and Guidance System and the
confidentiality of the same shall be maintained by
the Authority.
4.
Child eligible for adoption.-
The following shall be eligible for adoption, namel
y:-
(a)
any orphan or abandoned or surrendered child, decla
red legally free for adoption by the Child Welfare
Committee;
(b)
a child of a relative defined under sub-section (52
) of section 2 of the Act;
(c)
child or children of spouse from earlier marriage,
surrendered by the biological parent(s) for adoptio
n
by the step-parent
This presentation on the Legal and Ethical Aspects of Incapacity was created by Lori Ashmore-Peters of The Ashmore Law Firm in Dallas, TX. In this presentation Mrs. Peters covers: The Guardianship Process, The Involuntary Commitment Process, How The Guardianship and Involuntary Commitment Processes can work together, and the alternatives to the Guardianship Process such as Medical Power of Attorney, Directive to Physicians, HIPPA Authorization and Durable Power of Attorney.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Ashley Willcott, Executive Director, Office of the Child Advocate for the Protection of Children, presents the law and best practices for seeking guardianship for children in foster care.
STANDARDS WITH COMMENTS FOR GUARDIANS AD LITEM IN JUVENILE AND FAMILY COURT DIVISION MATTERS - these rules are supposed by the Missouri Supreme Court to guide the action of every attorney acting as a Guardian Ad Litem in custody matters.
The reality is often starkly different.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
3. The general power and duties are
the following:
Incompetency to act as executor
or administrator cannot be
equated with the incompetency
that justifies the placing of a person
under guardianship.
4. continuation...
From the fact that a person may
be incompetent to act as executor
or administrator, it does not follow
that he could be placed under
guardianship. But if a person is
incompetent to act as executor or
6. 1.02 DIFFERENTIATE THE PERSONS
WHO MAY PETITION FOR
APPOINTMENT OF GUARDIAN WITH
RESPECT TO A RESIDENT MINOR
FROM AN INCOMPETENT OTHER
THAN A MINOR.
7. With respect to a minor, the
following are the persons who
may petition to wit:
1. Any relative; or
2. Other person on behalf of the
minor; or
8. continuation...
3. The minor himself if 14 years of
age or over; or
4. The Secretary of Social Welfare
and by the Secretary of Health
in case of an insane minor who
needs to be hospitalized.
9. With respect to incompetent other
than a minor, the following
persons may petition:
1. Any relative; or
2. Friend; or
3. Other person on behalf of the
resident incompetent who has
10. continuation...
no parents or lawful guardian; or
4. The director of health in favor of
an insane person who should be
hospitalized or in favor of an
isolated leper;
5. Anyone interested in the estate
of a non-resident incompetent.
11. 1.03 DIFFERENTIATE THE CONTENTS
OF PETITION FOR GUARDIANSHIP
OVER A MINOR FROM AN
INCOMPETENT OTHER THAN A
MINOR.
12. A. The contents of petition for
guardianship over a minor are
as follow:
1. The jurisdictional facts;
2. The name, age and residence
of the prospective ward;
13. continuation...
3. The ground rendering the
appointment necessary or
convenient;
4. The death of the parents of the
minor or the termination,
deprivation or suspension of their
parental authority;
14. continuation...
5. The remarriage of the minor’s
surviving parent;
6. The names, ages, and residences
of relative within the fourth civil
degree of minor and of persons
having him in their custody;
15. continuation...
7. The probable value, character
and location of the property of
the minor; and
8. The name, age and residence of
the person for whom letters of
guardianship are prayed.
16. B. The contents of petition for
guardianship over an incompetent
who is not a minor are as follow;
1. The jurisdictional facts;
2. The incompetency of the person
rendering the appointment of a
guardian necessary or
inconvenient;
17. continuation...
3. The probable value and
character of his estate;
4. The names, ages and residences
of the relatives of the
incompetent as well as the
persons having him under their
care;
20. Art. 222.
The courts may appoint a
guardian of the child’s property or a
guardian ad litem when the best
interests of the child so require.
21. Art. 223. The parent’s or in their
absence or incapacity, the
individual, entity or institution
exercising parental authority may
petition the proper court of the
place where the child resides, for an
order providing for disciplinary
22. continuation...
measures over the child. The child
shall be entitled to the assistance of
counsel, either of his choice or
appointed by the court, and a
summary hearing shall be
conducted wherein the petitioner
and the child shall be heard.
23. Art. 224. The measures referred to in
the preceding article may include
the commitment of the child for not
more than thirty days or in children’s
homes duly accredited by the
proper government agency.
24. Art. 226. The property of the
emancipated child earned or
acquired with his work and industry or
by onerous or gratuitous title shall
belong to the child in ownership and
shall be devoted exclusively to the
latter’s support and education, unless
the title or transfer provides otherwise.
25. Art. 227. If the parents entrust the
management or administration of
any of their properties to an
emancipated child, the net
proceeds of such property shall
belong to the owner. The child shall
be given a reasonable monthly
allowance in an amount not less
26. continuation...
than that which the owner would
have paid if the administrator were
a stranger, unless the owner grants
the entire proceeds to the child. In
any case, the proceeds thus given in
whole or in part shall not be
charged to the child’s legitimate.
28. The factors taken into account in
the selection of a suitable guardian
are: the financial situation, the
physical condition, the sound
judgment, prudence and
trustworthiness, the moral character
and conduct, and the present and
29. continuation...
past history of a prospective
appointee, as well as the probability
of his being able to exercise the
powers and duties of guardian for
the full period during which
guardianship is necessary.
30. 3.01 IS NOTICE TO A MINOR WHO
IS ABOVE 14 YEARS OF AGE
JURISDICTIONAL?
31. Yes. Non-compliance with the
required notice as provided under
Section 3 of Rule 93 of the Revised of
Court renders the guardianship
proceedings null and void.
32. 4.01 SECTION 7 HAD BEEN
MODIFIED BY THE FAMILY CODE.
WHAT DOES THE CODE NOW
PROVIDE?
33. The Family Code expressly provides:
Art. 225. The father, or, in his
absence or incapacity, the mother,
shall be the legal guardian of the
property of the emancipated child
without the necessity of a court
appointment.
34. continuation...
Where the value of the property or
the annual income of the child
exceeds P50,000.00, the parent
concerned shall be required to
furnish a bond in such amount as the
court may determine but not less
than ten percent per centum of the
35. continuation...
value of the property or annual
income, to guarantee the
performance of the obligations
prescribed for general guardians.
38. Ruling: No contrary to Almayri’s
assertion conclusiveness of
judgment has no application to
the instant petition since there is
no identity of parties and issues
between SP Proc. No. 146-86-C
and Civil Case No. 675-84-C.
39. continuation...
A Guardian may appointed by the RTC
over the person and the estate of the
minor or an incompetent.
A petition for appointment of a
guardian is a special proceeding without
the usual parties, i.e. petitioner versus
respondent, in an ordinary civil case.
40. continuation...
The objectives of an RTC hearing a
petition for appointment of a guardian
under Rule 93 of the Rules of Court is to
determine, first, whether the person is
indeed a minor or an incompetent
who has no capacity to care for
himself and/or his properties; and,
43. Issue: Who between the
mother and grandmother of
the minor should be his
guardian?
44. Ruling: Stress should likewise be
made that our Civil Code
considers parents, the father, or
in the absence, the mother as
natural guardian of her minor
children. The law on parental
authority under the Civil Code
or P.D. 603 and now the New
45. continuation...
Family Code, (Art.225 of the Family
Code) ascribe to the same legal
pronouncements. Section 7 of Rule 93
of the Revised Rules of Court confirms
the designation of the parents as ispo
facto guardian of their minor children
without need of a court appointment
46. continuation...
The objectives of an RTC hearing a
petition for appointment of a guardian
under Rule 93 of the Rules of Court is to
determine, first, whether the person is
indeed a minor or an incompetent
who has no capacity to care for
himself and/or his properties; and,
47. continuation...
and only for good reason may another
person be named. Ironically, for the
petitioner, there is nothing on record of
any reason at all why Helen Belmes,
the biological mother, should be
deprived of her legal rights as natural
guardian of her minor children.
48. continuation...
petitioner cannot qualify as a
substitute guardian. It bears stressing
that she is an American citizen and a
resident of Colorado. Obviously, she
will not be able to perform the
responsibilities and obligations required
of a guardian. In fact, in her petition,
49. continuation...
she admitted the difficulty of
discharging the duties of a guardian
by an expatriate, like her. To be sure
she will merely delegate those duties
to someone else who may not also
qualify as a guardian.
50. continuation...
The appealed decision is affirmed,
with modification in the sense that
Valerie, who has attained the age of
majority, will no longer be under the
guardianship of respondent Helen
Belmes.