When Guardian is NOT a Parent

Duties & Responsibilities Powers Liability

When party to a marriage is A guardian may ratify a A negligent guardian is
eighteen but below twenty-one, voidable contract entered by civilly liable when a child
parents/guardian must give a minor. (Art. 1394, NCC, under nine years incurred
consent to the marriage. (Art. 14, Art. 1407 par 2, NCC) criminal liability. (Art.
FC) 101, RPC, in relation to
Art 12(1)(2))
Name, residence, and citizenship A prodigal person may be If a guardian is sentenced
of guardian required when placed under guardianship to a penalty of civil
procuring marriage certificate if and his capacity to act is interdiction, he/she shall
contracting party has neither restricted because he can only be deprived of the rights of
father nor mother. (Art. 11, FC) bind himself through his guardianship
guardian (Rule 93, Section 2, (Art. 34, RPC)
Rules of Court)
Upon receipt of a verified If both parties in a contract The guardian with respect
petition for declaration of are minors, a guardian can to the ward prior to the
absolute nullity of void marriage convert the contract to a approval of the final
or for annulment of voidable voidable contract. (Art. 1407) accounts rendered upon
marriage, or for legal separation, the termination of their
and at any time during the guardianship relation may
proceeding, the court, motu not adopt. (Art. 184, FC)
proprio or upon application Otherwise stated, the
under oath of any of the parties, guardian may only adopt
guardian or designated the ward after the
custodian, may issue provisional termination of the
orders and protection orders with guardianship and clearance
or without a hearing (Rabuya) of his/her financial
accountabilities. (Section
7(c), DAA)
In said partition, the value of the Give/withhold marriage Every guardian must pay
presumptive legitimes of all advice to contracting parties the ward’s just debts out of
common children, computed as in the marriage of parties and his personal estate and the
of the date of the final judgment their ages are between income of his real estate, if
of the trial court, shall be twenty-one and twenty-five sufficient; if not, then out
delivered in cash, property or (Art. 15, FC) of his real estate upon
sound securities, unless the obtaining an order for the
parties, by mutual agreement sale or encumbrance
judicially approved, had already thereof. (Sec. 2, Rule 96)
provided for such matters. The
children or their guardian, or the
trustee of their property, may ask
for the enforcement of the
judgment (Art 51, FC)
If the adopted minor has not Party whose parent or guardian must settle all
reached the age of majority at guardian did not give his or accounts of his ward, and
the time of the judicial rescission her consent, within five years demand, sue for, and
of the adoption, the court in the after attaining the age of receive all debts due him,
same proceeding shall reinstate twenty-one; or by the parent or may, with the approval
the parental authority of the or guardian or person having of the court, compound for
parents by nature, unless the legal charge of the minor, at the same and give
latter are disqualified or any time before such party discharges to the debtor,
incapacitated, in which case the has reached the age of on receiving a fair and just
court shall appoint a guardian twenty-one may file an action dividend of the estate and
over the person and property of for annulment (Art. 47, FC) effects; and he shall appear
the minor. (Art 193, FC) for and represent his ward
in all actions and special
proceedings, unless
another person be
appointed for that purpose.
(Sec. 3, Rule 96)
guardian appointed shall have If one of the contracting
the care and custody of the parties in a marriage has an
person of his ward, and the unsound mind, guardian
management of his estate, or the having legal charge of the
management of the estate only, insane may file an action for
as the case may be. The guardian annulment.
of the estate of a nonresident
shall have the management of all
the estate of the ward within the
Philippines, and no court other
than that in which such guardian
was appointed shall have
jurisdiction over the
guardianship. (Sec. 1, Rule 96)
A guardian must manage the Give/withhold consent for
estate of his ward frugally and adoption (Sec. 9(b), DAA,
without waste, and apply the Art. 188, FC)
income and profits thereon, so
far as may be necessary, to the
comfortable and suitable
maintenance of the ward and his
family, if there be any; and if
such income and profits be
insufficient for that purpose, the
guardian may sell or encumber
the real estate, upon being
authorized by order so to do, and
apply so much of the proceeds as
may be necessary to such
maintenance. (Sec 4, Rule 96)
The court may authorize the
guardian to join in an assent to a
partition of real or personal
estate held by the ward jointly or
in common with others, but such
authority shall only be granted
after hearing, upon such notice
to relatives of the ward as the
court may direct, and a careful
investigation as to the necessity
and propriety of the proposed
action. (Sec 5, rule 96)
A guardian must render to the
court an inventory of the estate
of his ward within three (3)
months after his appointment,
and annually after such
appointment an inventory and
account, the rendition of any of
which may be compelled upon
the application of an interested
person. Such inventories and
accounts shall be sworn to by the
guardian. All the estate of the
ward described in the first
inventory shall be appraised. In
the appraisement the court may
request the assistance of one or
more of the inheritance tax
appraisers. And whenever any
property of the ward not
included in an inventory already
rendered is discovered, or
succeeded to, or acquired by the
ward, like proceedings shall be
had for securing an inventory
and appraisement thereof within
three (3) months after such
discovery, succession, or
acquisition. (Sec. 7, Rule 96)
Expenses and compensation
allowed. Upon the expiration of
a year from the time of his
appointment, and as often
thereafter as may be required, a
guardian must present his
account to the court for
settlement and allowance. In the
settlement of the account, the
guardian, other than a parent,
shall be allowed the amount of
his reasonable expenses incurred
in the execution of his trust and
also such compensation for his
services as the court deems just,
not exceeding fifteen per centum
of the net income of the ward.
(1) To keep them in their
company, to support, educate
and instruct them by right
precept and good example, and
to provide for their upbringing in
keeping with their means; (2) To
give them love and affection,
advice and counsel,
companionship and
understanding; (3) To provide
them with moral and spiritual
guidance, inculcate in them
honesty, integrity, self-
discipline, self-reliance, industry
and thrift, stimulate their interest
in civic affairs, and inspire in
them compliance with the duties
of citizenship; (4) To enhance,
protect, preserve and maintain
their physical and mental health
at all times; (5) To furnish them
with good and wholesome
educational materials, supervise
their activities, recreation and
association with others, protect
them from bad company, and
prevent them from acquiring
habits detrimental to their health,
studies and morals; (6) To
represent them in all matters
affecting their interests; (7) To
demand from them respect and
obedience; (8) To impose
discipline on them as may be
required under the
circumstances; and (9) To
perform such other duties as are
imposed by law upon parents
and guardians (Art. 220, FC)
When Guardian is a Parent
Duties & Responsibilities
When party to a marriage is
eighteen but below twenty-one,
parents/guardian must give
consent to the marriage. (Art. 14, Art. 1407 par 2, NCC)
FC)
Name, residence, citizenship of
mother and/or father required
when procuring a marriage
license (Art. 11, FC)
Upon receipt of a verified
petition for declaration of
absolute nullity of void marriage
or for annulment of voidable
marriage, or for legal separation,
and at any time during the
proceeding, the court, motu
proprio or upon application
under oath of any of the parties,
guardian or designated
custodian, may issue provisional
orders and protection orders with
or without a hearing (Rabuya)
(1) To keep them in their
company, to support, educate
and instruct them by right
precept and good example, and
to provide for their upbringing in
keeping with their means; (2) To
give them love and affection,
advice and counsel,
companionship and
understanding; (3) To provide
them with moral and spiritual
guidance, inculcate in them
Powers Liability
A guardian/parent may ratify A negligent
a voidable contract entered guardian/parent is civilly
by a minor. (Art. 1394, NCC, liable when a child under
nine years incurred
criminal liability. (Art.
101, RPC, in relation to
Art 12(1)(2))
If both parties in a contract If a guardian/parent is
are minors, a guardian/parent sentenced to a penalty of
can convert the contract to a civil interdiction, he/she
voidable contract. (Art. 1407) shall be deprived of the
rights of guardianship
(Art. 34, RPC)
Give/withhold marriage
advice to contracting parties
in the marriage of parties and
their ages are between
twenty-one and twenty-five
(Art. 15, FC)
Party whose parent or
guardian did not give his or
her consent, within five years
after attaining the age of
twenty-one; or by the parent
or guardian or person having
legal charge of the minor, at
any time before such party
has reached the age of
twenty-one may file an action
for annulment (Art. 47, FC)
honesty, integrity, self-
discipline, self-reliance, industry
and thrift, stimulate their interest
in civic affairs, and inspire in
them compliance with the duties
of citizenship; (4) To enhance,
protect, preserve and maintain
their physical and mental health
at all times; (5) To furnish them
with good and wholesome
educational materials, supervise
their activities, recreation and
association with others, protect
them from bad company, and
prevent them from acquiring
habits detrimental to their health,
studies and morals; (6) To
represent them in all matters
affecting their interests; (7) To
demand from them respect and
obedience; (8) To impose
discipline on them as may be
required under the
circumstances; and (9) To
perform such other duties as are
imposed by law upon parents
and guardians (Art. 220, FC)
If one of the contracting
parties in a marriage has an
unsound mind, guardian
having legal charge of the
insane may file an action for
annulment.
Give/withhold consent for
adoption (Sec. 9(b), DAA,
Art. 188, FC)