On May 1, 2003, the Rules on Guardianship of Minors (A.M. No. 03-02-05-SC) took effect. It provides that the father and mother shall jointly exercise legal guardianship over the person and property of their minor child/children without the necessity of a court appointment. Additionally, this Rule shall apply to petitions for guardianship over the person or property, or both.
What are Types of Legal Guardianship in the Philippines?
There are different types of legal guardianship, which are the following:
- Guardianship of the Person. This type of guardianship grants the guardian the rights and responsibilities to make decisions concerning the minor’s or incapacitated individual’s personal care, education and welfare.
- Guardianship of the Estate. In this type, the guardian is responsible for making decisions about the ward’s property and finances, ensuring their best interests are protected.
- Guardianship of the Person and Estate. In this type, the guardian is appointed to manage both the individual’s personal care and financial affairs.
What are the Grounds for Appointment of a Legal Guardian?
The following are the grounds for the appointment of a guardian over the person or property, or both:
- Death, continued absence, or incapacity of the parents;
- Suspension, deprivation, or termination of parental authority;
- Remarriage of the surviving parent, if the latter is found unsuitable to exercise parental authority; or
- When the best interests of the minor so require.
Who May File a Petition for Appointment of a Legal Guardian?
Pursuant to Section 2 of the Rules on Guardianship of Minors, any relative or other person on behalf of a minor or the minor themselves who is fourteen (14) years of age or over may petition the Family Court for the appointment of a general guardian over the person or property, or both. The petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health if the minor needs medical care.
Who May Be Appointed as a Legal Guardian of a Minor Child?
According to Section 6 of the Rules on Guardianship of Minors, the court may appoint either of the following individuals:
- The surviving grandparent;
- The oldest brother or sister of the minor who is over twenty-one (21) years old, unless unfit or disqualified;
- The actual custodian of the minor who is above twenty-one (21) years of age, unless unfit or disqualified; and
- Any other person who is in the sound discretion of the court and would serve the best interests of the minor.
What are the Qualifications to Be a Legal Guardian of a Minor Child?
In appointing a legal guardian of a minor child, the court consider some qualification, which are as follows:
- 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 period of the guardianship;
- Lack of conflict of interest with the minor; and
- Ability to manage the property of the minor.
Where to File the Petition to Be Appointed as a Legal Guardian?
In the Philippines, a petition for legal guardianship over the person or property, or both must be filed in the Family Court of the place where the child resides. However, if the minor resides outside the country, the petition must be filed with the Family Court of the province or city where their property or any part thereof is situated.
How to Process Legal Guardianship of a Minor in the Philippines?
To obtain a certificate of legal guardianship, the applicant must follow these procedure:
- Check Eligibility. There are qualifications that the court considers before appointing an individual to be a minor’s guardian. These qualifications help them ensure that the child will be in good hands and that the appointed individual is capable of fulfilling guardian duties.
- Consult a Lawyer. On this matter, seeking legal advice from a lawyer is highly advisable to understand the requirements and legal process. A lawyer can assist you in preparing the petition and the necessary documents, and represent your interests in the court while protecting your rights.
- File a Petition. The petition shall be filed to the appropriate Regional Trial Court or Family Court where the ward resides. Additionally, you must also submit necessary documents that may support your petition.
- Court Schedule. After submitting the necessary document, the court will then review the petition and will schedule for a court hearing. The interested parties will also be notified of the court schedule.
- Attend Hearing. Ensure to attend the hearing at the given court schedule with your lawyer. In the hearing, the judge will review the evidence and may question you about your suitability as a guardian.
- Court Decision. If you are found as a suitable and capable guardian, the court will issue an order granting legal guardianship.
- Oath and Bond. Once granted, you will be required to take an oath and post a bond to ensure that you will be responsible with your duties.
- Issuance of Certificate. The court will then issue a Certificate of Legal Guardianship as a proof of your legal status.
- Periodic Reporting. The court may require you to submit periodic reports of the minor’s well-being and how you are managing their affairs.
What are the Responsibilities of a Legal Guardian?
In accordance with Section 17 of the Rules on Guardianship of Minors, the individual who has been granted as a legal guardian of the person or property, or both by the court must perform the following responsibilities:
- To pay the debts of the ward out of the personal property and the income of the real property of the ward, if the same is sufficient. Otherwise, out of the real property of the ward upon obtaining an order for its sale or encumbrance;
- To settle all accounts of the ward, and demand, sue for, receive all debts due him, or may, with the approval of the court, compound for the same and give discharges to the debtor on receiving a fair and just dividend of the property and effects; and to appear for and represent the ward in all actions and special proceedings, unless another person is appointed for that purpose;
- To manage the property of the ward frugally and without waste, and apply the income and profits thereon, in so far as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized by the court to do so;
- To consent to a partition of real or personal property owned by the ward jointly or in common with others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful investigation as to the necessity and propriety of the proposed action;
- To submit to the court a verified inventory of the property of the ward within three (3) months after being appointed, and annually thereafter, the rendition of which may be required upon the application of an interested person;
- To report to the court any property of the ward not included in the inventory which is discovered, or succeeded to, or acquired by the ward within three (3) months after such discovery, succession, or acquisition; and
- To render to the court for its approval an accounting of the property one (1) year from the appointment, and every year thereafter or as often as may be required.
Can the Legal Guardianship Be Removed and Terminated?
According to Section 24 of the Rules on Guardianship of Minors, guardianship may be removed if the appointed guardian becomes incapable, untrustworthy, unsuitable, has wasted or mismanaged the property of the ward, or has failed to render an account or make a return for thirty (30) days after it is due. Additionally, the court may require him/her to surrender the property of the ward to the newly appointed guardian.
Moreover, pursuant to Section 25 of the said Rule, the guardianship may be terminated if the minor has reached the legal age or has died. In this regard, the appointed guardian must notify the court of such fact within ten (10) days of its occurrence.
Need further information and assistance regarding Legal Guardianship? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
