Special Proceeding

1. Rule 93
“Appointment of
Guardians”

2. 1.01 DIFFERENTIATE
INCOMPETENCY OF GUARDIAN
FROM INCOMPETENCY OF PERSON
UNDER GUARDIANSHIP.

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.

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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

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administrator, then he is not the
incompetent person envisaged in
the law of guardianship.

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

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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

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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;

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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;

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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;

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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;

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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;

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5. The names of the person for
whom letters of guardianship are
prayed.

19. 1.04 CITE RELATED PROVISIONS OF
THE FAMILY CODE ON
GUARDIANSHIP.

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

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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

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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.

27. 2.01 ENUMERATE THE FACTORS
CONSIDERED IN APPOINTING A
GUARDIAN.

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

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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.

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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

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value of the property or annual
income, to guarantee the
performance of the obligations
prescribed for general guardians.

36. 4.02
ALAMAYRI V. PABALE
(G.R. No. 151243, April 30, 2008)

37. Issue: Is conclusiveness of
judgment applicable in special
proceedings?

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.

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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.

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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,

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namely his relatives living within the
same province and/or the persons
caring for him.

42. 4.03 Case
VANCIL V. BELMES
(G.R. No. 132223, June 19, 2001)

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

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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

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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,

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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.

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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,

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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.

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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.