SPEC PRO Flashcards
(22 cards)
Grounds for the appointment of a guardian of a minor (S4, RGM)
(a)
death, continued absence, or incapacity of his parents;
(b)
suspension, deprivation or termination of parental authority;
(c)
death, continued absence, or incapacity of his parents;
(d)
suspension, deprivation or termination of parental authority;
Who may file a petition for guardianship?
FORMS
1)
Friend
2)
Other person interested
3)
Relative
4)
Minor himself if 14 years of age; and
5)
Secretary of Health, if ward is an incompetent (Brondial)
Who may be appointed guardian of the person or property, or both, of a minor (S6)
(a)
the surviving grandparent and in case several grandparents survive, the court shall select any of them taking into account all relevant considerations;
(b)
the oldest brother or sister of the minor over 21 years of age, unless unfit or disqualified;
(c)
the actual custodian of the minor over 21 years of age, unless unfit or disqualified; and
(d)
any other person, who in the sound discretion of the court, would serve the best interests of the minor.
May the petition be opposed or contested?
YES. Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the unsuitability of the person for whom letters are prayed (MCU), and may pray that the petition be dismissed, or that the letters of guardianship issue to himself, or to any suitable person named in the opposition. (S4 R93; S10 RGM)
Conditions of the Bond of the Guardian
1)
Within 3 months after the issuance of letters of guardianship, the guardian shall make inventory of all the property;
2)
The guardian shall faithfully execute the duties of the trust;
3)
The guardian shall render a true and just account of all the property of the ward; and
4)
The guardian shall perform all orders of the court. (S1 R94)
Petition of guardian for leave to sell or encumber estate (S1 R95)
1)
When the income of the estate under guardianship is insufficient to maintain the ward and his family; or
2)
When it appears that it is for the benefit of the ward that his real estate or some part thereof be sold or mortgaged or otherwise encumbered, and the proceeds thereof put out at interest, or invested in some productive security, or in the improvement of security of other real estate of the ward.
It is not necessary for the grant of authority to sell that the ward’s income be insufficient to maintain and educate him, it being enough that the sale is for the ward’s benefit. (Tavera v. El Hogar)
When the court authorizes the sale of the ward’s property, may this be done in a private sale?
YES, the property may be sold at a public or private sale. (S4 R95)
However, if the ward is a minor, the sale of his or her property may be had only in a public sale. (S22 RGM)
May a guardian sell or encumber property of the incompetent
YES, provided that the guardian presents a verified petition to the court by which he was appointed praying for such an order and provided there are valid grounds for thegrant of such authority. (S1 R95) A mere motion will not suffice.
NOTE: If the guardian sells or encumbers the ward’s property without prior court authority, the sale would be unenforceable. (Art. 1403(1), Civil Code)
When is the guardianship terminated
If upon petition by the person declared incompetent, or his guardian, relative, or friend, and after trial, it is judicially determined that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease. (S1 R97)
The guardianship may also be terminated when it appears that the guardianship is no longer necessary. (S3 R97)
The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward has come of age or has died. (S25 RGM)
Escheat
If upon petition by the person declared incompetent, or his guardian, relative, or friend, and after trial, it is judicially determined that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease. (S1 R97)
The guardianship may also be terminated when it appears that the guardianship is no longer necessary. (S3 R97)
The court motu proprio or upon verified motion of any person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward has come of age or has died. (S25 RGM)
died testate: is escheat applicable
The estate of the decedent may not be escheated if he died testate, since the probate of a will is mandatory.
However, if the will is disallowed by a probate court and such order has become final, it is as if the decedent died intestate and his estate may be escheated if he has no heir or person entitled to the estate.
Requisites for filing of petition for escheat
1)
Person died intestate
2)
He left properties in the Philippines
3)
He left no heirs or persons entitled to the same.
who has juris of escheat proc?
The petition for escheat shall be filed in the RTC of the place where deceased was resident, or in which he had estate, if he was a nonresident.
The RTC has subject-matter jurisdiction over escheat proceedings. Section 44(e) of the Judiciary Act of 1948 provides that the Court of First Instance (now RTC) shall have original and exclusive jurisdiction over special proceedings not otherwise provided for by law.
In an intestate estate proceeding, the probate court found that the decedent left no heirs or persons entitled to his estate. Could the probate court decree that the estate be awarded to the State?
NO. The proper escheat proceedings must be brought in which the requirements under Rule 91 (i.e., publication once a week for 6 consecutive weeks) should be complied with.
Filing of Claim of Estate (escheat, S4 R91)
1)
Devisee, legatee, widow, widower, or other person entitled to such estate;
2)
Who appears and files claims thereto within 5 years from date of judgment;
3)
Shall have possession and title thereto or if sold, municipality or city accountable to him for proceeds, after deducting reasonable charges of care of estate;
4)
Claim not made within said time shall be barred forever.
Guardianship
is a trust relation in which one person acts for another whom the law regards as incapable of managing his own affairs. The person who acts is called the guardian and the incompetent is called the ward.
trust
A trust is a confidence reposed in one person, called the trustee, for the benefit of another called cestui que trust (beneficiary), with respect to the property held by the former for the benefit of the latter.
Extent of Authority of Trustee
1)
The power of a trustee appointed by a Philippine court cannot extend beyond the confines of the territory of the Republic of the Philippines.
2)
In the execution of trusts, the trustee is bound to comply with the directions contained in the trust instrument defining the extent and limits of his authority, and the nature of his power and duties.
Grounds for Removal and Resignation of a Trustee
1)
The removal appears essential in the interest of petitioners.
2)
The trustee is insane.
3)
The trustee is otherwise incapable of discharging the trust or is evidently unsuitable to act as one.
A trustee, whether appointed by the court or under a written instrument, may resign his trust if it appears to the court proper to allow such resignation. (S8 R98)
Appointment of trustee
Appointment Upon a proper petition, a trustee may be appointed to carry into effect the provisions of a will or written instrument. (S1 R98)
If a testator has omitted in his will to appoint a trustee in the Philippines, and if such appointment is necessary to carry into effect the provisions of the will, the proper RTC may, after notice to all persons interested, appoint a trustee who shall have the same rights, powers, and duties, and in whom the estate shall vest, as if he had been appointed by the testator.
No person succeeding to a trust as executor or administrator of a former trustee shall be required to accept such trust. (S2 R98)
Distinguished from Executor/Administrator
A trustee, like an executor or administrator, holds an office of trust, particularly when the trustee acts as such under judicial authority.
