A.

GUARDIANSHIP OF INCOMPETENT PERSONS NOT MINORS

Notice to the
incompetent and If granted, service of
persons mentioned Hearing (alleged judgment to the
Court issues order incompetent must be
Filing of Petition setting time for in the petition Local Civil Registrar
present if able to
hearing Publication only if and payment of bond
attend)
incompetent is a of the guardian.
nonresident
B. RULE IN GUARDIANSHIP OVER MINOR [A.M. NO. 03-02-05-SC]

General Rule: The father and the mother shall jointly exercise legal guardianship over the property of their unemancipated common child without the
necessity of a court appointment. [Sec. 1; also Art. 225, FC] In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to
the contrary. [Art. 225, FC] However, 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.

Court shall cause reasonable notice to be given
to:
§ The persons mentioned in the petition
Court shall fix a time § The minor, if he is 14 years of age or over
Filing of petition. and place for
- If non-resident minor, notice shall be given to
hearing.
the minor by publication or any other means as
the court may deem proper. The court may also
direct other general or special notice to be
given.
Court shall order a social
worker to conduct a case study
of the minor and all the
prospective guardians and
submit his report and
recommendation to the court
for its guidance before the
scheduled hearing.
Hearing
§ Compliance with notice
requirement must be shown.
§ The prospective ward shall
be presented to the court.
- If the minor is non-resident,
the court may dispense with
his presence.
§ At the discretion of the
court, the hearing on
guardianship may be closed to
the public.
§ The records of the case shall
not be released without court
approval.
Service of final and executory
judgment or order upon the
Local Civil Registrar of the
municipality or city where the
minor resides and the Register
Issuance or denial
of Deeds of the place where
of letters of
his property or part thereof is
guardianship.
situated, who shall annotate
the same in the corresponding
title, and report to the court
their compliance within fifteen
days from receipt of the order.