Rule 92-97 Guardians and Guardianship

Alamayri vs. Pabale (GR: 151243)

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. Accordingly, SP. PROC. No. 146-86-C bears the title: In re: Guardianship of Nelly S. Nave for Incompetency, Verdasto Gesmundo y Banayo, petitioner, with no named respondent/s.

Sections 2 and 3 of Rule 93 of the Rules of Court, though, require that the petition contain the names, ages, and residences of relatives of the supposed minor or incompetent and those having him in their care, so that those residing within the same province as the minor or incompetent can be notified of the time and place of the hearing on the petition.

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 a person is indeed a minor or an incompetent who has no capacity to care for himself and/or his properties; and, second, who is most qualified to be appointed as his guardian. The rules reasonably assume that the people who best could help the trial court settle such issues would be those who are closest to and most familiar with the supposed minor or incompetent, namely, his relatives living within the same province and/or the persons caring for him.

It is significant to note that the rules do not necessitate that creditors of the minor or incompetent be likewise identified and notified. The reason is simple: because their presence is not essential to the proceedings for appointment of a guardian. It is almost a given, and understandably so, that they will only insist that the supposed minor or incompetent is actually capacitated to enter into contracts, so as to preserve the validity of said contracts and keep the supposed minor or incompetent obligated to comply therewith.

Oropesa vs. Oropesa (GR:  184528)

In a guardianship proceeding, a court may appoint a qualified guardian if the prospective ward is proven to be a minor or an incompetent.

A reading of Section 2, Rule 92 of the Rules of Court tells us that persons who, though of sound mind but by reason of age, disease, weak mind or other similar causes, are incapable of taking care of themselves and their property without outside aid are considered as incompetents who may properly be placed under guardianship.

Cabales vs. CA (GR: 162421)

The legal guardian only has the plenary power of administration of the minors property. It does not include the power of alienation which needs judicial authority. Thus, when Saturnina, as legal guardian of petitioner Rito, sold the latters pro-indiviso share in subject land, she did not have the legal authority to do so.

Rivero vs. CA (GR: 141273)

In resolving whether to appoint a guardian ad litem for the respondent, the appellate court needed only to determine whether the individual for whom a guardian was proposed was so incapable of handling personal and financial affairs as to warrant the need for the appointment of a temporary guardian. It only needed to make a finding that, based on clear and convincing evidence, the respondent is incompetent and that it is more likely than not that his welfare requires the immediate appointment of a temporary guardian. A finding that the person for whom a guardian ad litem is proposed is incapable of managing his own personal and financial affairs by reason of his mental illness is enough.

Guardians ad litem are considered officers of the court in a limited sense, and the office of such guardian is to represent the interest of the incompetent or the minor. Whether or not to appoint a guardian ad litem for the petitioners is addressed to the sound discretion of the court where the petition was filed, taking into account the best interest of the incompetent or the minor. The court has discretion in appointing a guardian ad litem that will best promote the interest of justice. The appointment of a guardian ad litem is designed to assist the court in its determination of the incompetents best interest.


Author: Born2drinkStuff

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