Family Court Jurisdiction

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Republic Act No. 8369 October 28, 1997

AN ACT ESTABLISIN! "A#IL$ CO%RTS, !RANTIN! TE# E&CL%SI'E

ORI!INAL (%RIS)ICTION O'ER CIL) AN) "A#IL$ CASES, A#EN)IN! BATAS

*A#BANSA BILAN! 129,AS A#EN)E), OTER+ISE NO+N AS ACT O" 198-,

A**RO*RIATIN! "%N)S TERE"OR AN) "OR OTER *%R*OSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

Sectio 1. Title.- This Act shall be known as the "Family Courts Act of 1997".

Sectio 2.Statement of National Policies.- The State shall protect the rights and promote the

welfare of children in keeping with the mandate of the Constitution and the precepts of the

United Nations Convention on the rights of the Child. The State shall provide a sstem of

ad!udication for outhful offenders which takes into account their peculiar circumstances.

The State recogni"es the sanctit of famil life and shall protect and strengthen the famil as a

basic autonomous social institution. The courts shall preserve the solidarit of the famil# provide

procedures for the reconciliation of spouses and the amicable settlement of famil controvers.

Sectio 3.Establishment of Family Courts.- There shall be established a $amil Court in everprovince and cit in the countr. %n case where the cit is the capital of the province# the $amil

Court shall be established in the municipalit which has the highest population.

Sectio /. Qualification an Trainin! of Family Court u!es.- Sec. &' of (atas )ambansa

(lg. &*+# as amended# is hereb further amended to read as follows:

,Sec. &'. aQualification. - No person shall be appointed /egional Trial 0udge or

)residing 0udge of the $amil Court unless he is a natural-born citi"en of the )hilippines#

at least thirt-five 1' ears of age# and# for at least ten &2 ears# has been engaged in

the practice of law in the )hilippines or has held a public office in the )hilippinesre3uiring admission to the practice of law as indispensable re3uisite.

,b Training of Family Court udges. - The )residing 0udge# as well as the court

personnel of the $amil Courts# shall undergo training and must have the e4perience and

demonstrated abilit in dealing with child and famil cases.

,The Supreme Court shall provide a continuing education program on child and famillaws# procedure and other related disciplines to !udges and personnel of such courts.,

Sectio 0.urisiction offamily Courts.- The $amil Courts shall have e4clusive original

!urisdiction to hear and decide the following cases:

a Criminal cases where one or more of the accused is below eighteen &5 ears of age

but not less than nine + ears of age but not less than nine + ears of age or where one
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or more of the victims is a minor at the time of the commission of the offense: )rovided#

That if the minor is found guilt# the court shall promulgate sentence and ascertain an

civil liabilit which the accused ma have incurred.

The sentence# however# shall be suspended without need of application pursuant to

)tesidential 6ecree No. 721# otherwise known as the ,Child and 8outh 9elfare Code,

b )etitions for guardianship# custod of children# habeas corpus in relation to the latter

c )etitions for adoption of children and the revocation thereof

d Complaints for annulment of marriage# declaration of nullit of marriage and thoserelating to marital status and propert relations of husband and wife or those living

together under different status and agreements# and petitions for dissolution of con!ugal

partnership of gains

e )etitions for support and;or acknowledgment

f Summar !udicial proceedings brought under the provisions of iolations of /epublic Act No. ?7&2# otherwise known as the !Special Protection ofChildren "gainst Child "buse# $%ploitation and &iscrimination "ct#! as amended b

/epublic Act No. ?7'5 and

k Cases of domestic violence against:

& 9omen - which are acts of gender based violence that results# or are likel to

result in phsical# se4ual or pschological harm or suffering to women and otherforms of phsical abuse such as battering or threats and coercion which violate a

woman@s personhood# integrit and freedom movement and

* Children - which include the commission of all forms of abuse# neglect# cruelt#e4ploitation# violence# and discrimination and all other conditions pre!udicial to

their development.


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%f an act constitutes a criminal offense# the accused or batterer shall be sub!ect to criminal

proceedings and the corresponding penalties.

%f an 3uestion involving an of the above matters should arise as an incident in an casepending in the regular courts# said incident shall be determined in that court.

Sectio 6. #se of $ncome.- All $amil Courts shall be allowed the use of ten per cent &2 of

their income derived from filing and other court fees under /ule &B& of the /ules of Court for

research and other operating e4penses including capital outla: )rovided# That this benefit shalllikewise be en!oed b all courts of !ustice.

The Supreme Court shall promulgate the necessar guidelines to effectivel implement the

provisions of this Sec.

Sectio 7.S%ecial Pro&isional 'emeies.- %n cases of violence among immediate famil

members living in the same domicile or household# the $amil Court ma issue a restraining

order against the accused of defendant upon verified application b the complainant or the victimfor relief from abuse.

The court ma order the temporar custod of children in all civil actions for their custod. Thecourt ma also order support pendente lite# including deduction from the salar and use of

con!ugal home and other properties in all civil actions for support.

Sectio 8.Su%er&ision of (outh )etention *omes.- The !udge of the $amil Court shall have

direct control and supervision of the outh detention home which the local government unit shallestablish to separate the outh offenders from adult criminals: )rovided# however# That

alternatives to detention and institutional care shall be made available to the accused including

counseling# recogni"ance# bail# communit continuum# or diversions from the !ustice sstem:)rovided# further# That the human rights of the accused are full respected in a mannerappropriate to their well-being.

Sectio 9.Social Ser&ices an Counselin! )i&ision.- Under the guidance ofthe 6epartment of

Social 9elfare and 6evelopment 6S96# a Social Services and Counseling 6ivision SSC6shall be established in each !udicial region as the Supreme Court shall deem necessar based on

the number of !uvenile and famil cases e4isting in such !urisdiction. %t shall provide appropriate

social services to all !uvenile and famil cases filed with the court and recommend the proper

social action. %t shall also develop programs# formulate uniform policies and procedures# andprovide technical supervision and monitoring of all SSC6 in coordination with the !udge.

Sectio 1-.Social Ser&ices an Counselin! )i&ision Staff.- The SSC6 shall have a staff

composed of 3ualified social workers and other personnel with academic preparation in

behavioral sciences to carr out the duties@of conducting intake assessment# social case studies#casework and counseling# and othersocial services that ma be needed in connection with cases

filed with the court: )rovided# however# That in adoption cases and in petitions for declaration of

abandonment# the case studies ma be prepared b social workers of dul licensed child caringor child placement agencies# or the 6S96. 9hen warranted# the division shall recommend that


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the court avail itself of consultative services of pschiatrists# pschologists# and other 3ualified

specialists presentl emploed in other departments of the government in connection with its

cases.

The position of Social 9ork Adviser shall be created under the =ffice of the Court Administrator#

who shall monitor and supervise the SSC6 ofthe /egional Trial Court.

Sectio 11.Alternati&e Social Ser&ices.- %n accordance with Sec. &? of this Act# in areas where

no $amil Court has been established or no /egional Trial Court was designated b the SupremeCourt due to the limited number of cases# the 6S96 shall designate and assign 3ualified#

trained# and 6S96 accredited social workers of the local government units to handle !uvenile

and famil cases filed in the designated /egional Trial Court of the place.

Sectio 12.Pri&acy an Confientiality of Proceein!s.- All hearings and conciliation of thechild and famil cases shall be treated in a manner consistent with the promotion of the child@s

and the famil@s dignit and worth# and shall respect their privac at all stages of the proceedings.

/ecords of the cases shall be dealt with utmost confidentialit and the identit of parties shall notbe divulged unless necessar and with authorit of the !udge.

Sectio 13.S%ecial 'ules of Proceure.- The Supreme Court shall promulgate special rules of

procedure for the transfer of cases to the new courts during the transition period and for the

disposition of famil cases with the best interests of the child and the protection of the famil asprimar consideration taking into account the United Nations Convention on the /ights of the

Child.

Sectio 1/.A%%eals.- 6ecisions and orders of the court shall be appealed in the same manner

and sub!ect to the same conditions as appeals from the ordinar /egional Trial Courts.

Sectio 10.A%%ro%riations.- The amount necessar to carr out the provisions of this Act shallbe included in the eneral Appropriations Act of the ear following in its enactment into law and

thereafter.

Sectio 16.$m%lementin! 'ules an 'e!ulations.- The Supreme Court# in coordination withthe 6S96# shall formulate the necessar rules and regulations for the effective implementation

of the social aspects of this Act.

Sectio 17.Transitory Pro&isions.- )ending the establishment of such $amil Courts# the

Supreme Court shall designate from among the branches ofthe /egional Trial Court at least one

$amil Court in each of the cities of Danila# Eue"on# )asa# Caloocan# Dakati# )asig#Dandaluong# Duntinlupa# Faoag# (aguio# Santiago# 6agupan# =longapo# Cabanatuan# San

0ose# Angeles# Cavite# (atangas# Fucena# Naga# %riga# Fega"pi# /o4as# %loilo# (acolod#

6umaguete# Tacloban# Cebu# Dandaue# Tagbilaran# Surigao# (utuan# Cagaan de =ro# 6avao#eneral Santos# =ro3uieta# ="amis# 6ipolog# Gamboanga# )agadian# %ligan# and in such other

places as the Supreme Court ma deem necessar.


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Additional cases other than those provided in Sec. ' ma be assigned to the $amil Courts when

their dockets permit: )rovided# That such additional cases shall not be heard on the same da

famil cases are heard.

%n areas where there are no $amil Courts# the cases referred to in Sec. ' of this Act shall be

ad!udicated b the /egional Trial Court.

Sectio 18.Se%arability Clause.- %n case an provision of this Act is declared unconstitutional#

the other provisions shall remain in effect.

Sectio 19.'e%ealin! Clause.- All other laws# decrees# e4ecutive orders# rules or regulationsinconsistent herewith are hereb repealed# amended or modified accordingl.

Sectio 2-.Effecti&ity.- This Act shall take effect fifteen &' das after its publication in at

least two * national newspapers of general circulation.

Approved October 28, 1997.

A.M. No. 03-02-05-SC

[MAY 01, 2003]

RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS

Republic of the PhilippinesSupreme Court

Manila

A.M. NO. 03-02-05-SC[MAY 01, 2003]

RE: PROPOSED RULE ON

GUARDIANSHIP OF MINORS

R E S O L U T I O N

Acting on the letter of the

Chairman of the Committee onRevision of the Rules of Court

submitting for this Courtsconsideration and approval the

Proposed Rule on Guardianship of

Minors, the Court Resolved toAPPROV the same!


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"he Rule shall ta#e effect on Ma$

%, &''( follo)ing its publication ina ne)spaper of general circulation

not later than April %*, &''(! chanrobles virtual la) librar$

April %, &''(!

Davide, Jr. C.J., Bellosillo, Puno,Vitug, Mendoza, Panganiban,

Quisumbing, Ynares-Santiago,

Sandoval-Gutierrez, Cario,!ustria-Martinez, Corona, Cario-

Moralez,Calle"o Sr., !z#una, JJ.,

#on#ur

RULE ON GUARDIANSHIP OF

MINORS

Section %! Applicabilit$ of the

Rule! + "his Rule shall appl$ topetitions for guardianship over the

person or propert$, or both, of a

minor!chan robles virtual la) librar$

"he father and the mother shall

ointl$ e-ercise legal guardianship

over the person and propert$ oftheir unemancipated common

child )ithout the necessit$ of acourt appointment! .n such case,

this Rule shall be suppletor$ to

the provisions of the /amil$ Codeon guardianship!crala)

Sec! &! 0ho ma$ petition forappointment of guardian! + On

grounds authori1ed b$ la), an$

relative or other person on behalfof a minor, or the minor himself if

fourteen $ears of age or over,


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ma$ petition the /amil$ Court for

the appointment of a generalguardian over the person or

propert$, or both, of such minor!"he petition ma$ also be filed b$

the Secretar$ of Social 0elfare

and 2evelopment and b$ theSecretar$ of 3ealth in the case of

an insane minor )ho needs to behospitali1ed!chan robles virtual la) librar$

Sec! (! 0here to file petition! + A

petition for guardianship over theperson or propert$, or both, of a

minor ma$ be filed in the /amil$Court of the province or cit$)here the minor actuall$ resides!

.f he resides in a foreign countr$,the petition shall be flied )ith the

/amil$ Court of the province orcit$ )here his propert$ or an$

part thereof is situated! crala)

Sec! 4! Grounds of petition! 5 "hegrounds for the appointment of a

guardian over the person or

propert$, or both, of a minor arethe follo)ing6chanroblesvirtualla)librar$

7a8 death, continued absence, or

incapacit$ of his parents9

7b8 suspension, deprivation or

termination of parental authorit$9chan robles virtual la) librar$

7c8 remarriage of his survivingparent, if the latter .s found

unsuitable to e-ercise parental

authorit$9 or

7d8 )hen the best interests of the


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minor so re:uire! crala)

Sec! *! ;ualifications of guardians! + .n appointing a

guardian, the court shall consider

the guardians6chanroblesvirtualla)librar$

7a8 moral character9 chan robles virtualla) librar$

7b8 ph$sical, mental and

ps$chological condition9

7c8 financial status9

7d8 relationship of trust )ith the

minor9chan robles virtual la) librar$

7e8 availabilit$ to e-ercise thepo)ers and duties of a guardian

for the full period of theguardianship9

7f8 lac# of conflict of interest )ith

the minor9 and crala)

7g8 abilit$ to manage the propert$of the minor!crala)

Sec!

propert$, or both, of a minor! + .n

default of parents or a court5appointed guardian, the court

ma$ appoint a guardian of theperson or propert$, or both, of a

minor, observing as far aspracticable, the follo)ing order ofpreference6chanroblesvirtualla)librar$

7a8 the surviving grandparent and

.n case several grandparentssurvive, the court shall select an$


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of them ta#ing .nto account all

relevant considerations9

7b8 the oldest brother or sister of

the minor over t)ent$5one $ears

of age, unless unfit ordis:ualified9

7c8 the actual custodian of the

minor over t)ent$5one $ears ofage, unless unfit or dis:ualified9

and crala)

7d8 an$ other person, )ho in the

sound discretion of the court,)ould serve the best interests ofthe minor!crala)

Sec! =! Contents of petition! + A

petition for the appointment of ageneral guardian must allege the

follo)ing6chanroblesvirtualla)librar$

7a8 "he urisdictional facts9

7b8 "he name, age and residenceof the prospective )ard9 chan roblesvirtual la) librar$

7c8 "he ground rendering theappointment necessar$ or

convenient9chan robles virtual la) librar$

7d8 "he death of the parents ofthe minor or the termination,

deprivation or suspension of theirparental authorit$9

7e8 "he remarriage of the minors

surviving parent9

7f8 "he names, ages, andresidences of relatives )ithin the


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4th civil degree of the minor, and

of persons having him in theircare and custod$9

7g8 "he probable value, character

and location of the propert$ of theminor9 and crala)

7h8 "he name, age and residence

of the person for )hom letters ofguardianship are pra$ed!crala)

"he petition shall be verified and

accompanied b$ a certification

against forum shopping! 3o)ever,no defect in the petition orverification shall render void the

issuance of letters of guardianship!

Sec! >! "ime and notice of

hearing! + 0hen a petition for theappointment of a general

guardian is filed, the court shall

fi- a time and place for itshearing, and shall cause

reasonable notice to be given tothe persons mentioned in the

petition, including the minor if he

is fourteen $ears of age or over,and ma$ direct other general or

special notice to be given! crala)

Sec! ?! Case stud$ report! + "he

court shall order a social )or#er

to conduct a case stud$ of theminor and all the prospective

guardians and submit his reportand recommendation to the court

for its guidance before the

scheduled hearing! "he social)or#er ma$ intervene on behalf of


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the minor if he finds that the

petition for guardianship shouldbe denied!chan robles virtual la) librar$

Sec! %'! Opposition to petition! +

An$ interested person ma$contest the petition b$ filing a

)ritten opposition based on suchgrounds as the maorit$ of the

minor or the unsuitabilit$ of the

person for )hom letters arepra$ed, and pra$ that the petition

be denied, or that letters ofguardianship issue to himself, or

to an$ suitable person named inthe opposition!crala)

Sec! %%! 3earing and order for

letters to issue! + At the hearingof the petition, it must be sho)n

that the re:uirement of notice has

been complied )ith! "heprospective )ard shall be

presented to the court! "he courtshall hear the evidence of the

parties in support of their

respective allegations! .f )arranted, the court shall appoint

a suitable guardian of the personor propert$, or both, of the minor!chan robles virtual la) librar$

At the discretion of the court, the

hearing on guardianship ma$ beclosed to the public and the

records of the case shall not bereleased )ithout its approval! crala)

Sec! %&! 0hen and ho) a

guardian of the propert$ for non5

resident minor is appointed9notice! + 0hen the minor resides


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outside the Philippines but has

propert$ in the Philippines, an$relative or friend of such minor, or

an$ one interested in his propert$,in e-pectanc$ or other)ise, ma$

petition the /amil$ Court for the

appointment of a guardian overthe propert$!crala)

@otice of hearing of the petition

shall be given to the minor b$publication or an$ other means as

the court ma$ deem proper! "hecourt ma$ dispense )ith the

presence of the non5residentminor!crala)

.f after hearing the court is

satisfied that such non5resident isa minor and a guardian is

necessar$ or convenient, it ma$

appoint a guardian over hispropert$!chan robles virtual la) librar$

Sec! %(! Service of final and

e-ecutor$ udgment or order! +"he final and e-ecutor$ udgment

or order shall be served upon theocal Civil Registrar of the

municipalit$ or cit$ )here the

minor resides and the Register of2eeds of the place )here his

propert$ or part thereof issituated shall annotate the same

in the corresponding title, and

report to the court his compliance)ithin fifteen da$s from receipt of

the order!crala)

Sec! %4! Bond of guardian9

amount9 conditions! 5 Before he

enters upon the e-ecution of his


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trust, or letters of guardianship

issue, an appointed guardian ma$be re:uired to post a bond in such

sum as the court shall determineand conditioned as follo)s6 chanroblesvirtualla)librar$

7a8 "o ma#e and return to the

court, )ithin three months afterthe issuance of his letters of

guardianship, a true and complete

.nventor$ of all the propert$, realand personal, of his )ard )hich

shall come to his possession or#no)ledge or to the possession or

#no)ledge of an$ other person inhis behalf9

7b8 "o faithfull$ e-ecute the

duties of his trust, to manage anddispose of the propert$ according

to this rule for the best interests

of the )ard, and to provide for hisproper care, custod$ and

education9

7c8 "o render a true and ustaccount of all the propert$ of the

)ard in his hands, and of allproceeds or interest derived

therefrom, and of the

management and disposition ofthe same, at the time designated

b$ this rule and such other timesas the court directs9 and at the

e-piration of his trust, to settle

his accounts )ith the court anddeliver and pa$ over all the

propert$, effects, and moniesremaining in his hands, or due

from him on such settlement, tothe person la)full$ entitled


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thereto9 andchan robles virtual la) librar$

7d8 "o perform all orders of thecourt and such other duties as

ma$ be re:uired b$ la)!crala)

Sec! %*! 0here to file the bond9action thereon! + "he bond posted

b$ a guardian shall be filed in the

/amil$ Court and, .n case ofbreach of an$ of its conditions,

the guardian ma$ be prosecutedin the same proceeding for the

benefit of the )ard or of an$

other person legall$ interested inthe propert$!

0henever necessar$, the courtma$ re:uire the guardian to post

a ne) bond and ma$ discharge

from further liabilit$ the suretieson the old bond after due notice

to interested persons, if no inur$ma$ result therefrom to those

interested in the propert$!chan roblesvirtual la) librar$

Sec! %

.f the mar#et value of the

propert$ or the annual .ncome ofthe child e-ceeds P*','''!'', the

parent concerned shall furnish abond .n such amount as the court

ma$ determine, but in no case

less than ten per centurn of thevalue of such propert$ or annual

income, to guarantee theperformance of the obligations

prescribed for general guardians! crala)

A verified petition for approval of


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the bond shall be flied in the

/amil$ Court of the place )herethe child resides or, if the child

resides in a foreign countr$, in the/amil$ Court of the place )here

the propert$ or an$ part thereof is

situated!crala)

"he petition shall be doc#eted as

a summar$ special proceeding .n

)hich all incidents and issuesregarding the performance of the

obligations of a general guardianshall be heard and resolved! chan

robles virtual la) librar$

Sec! %=! General duties of

guardian! + A guardian shall havethe care and custod$ of the

person of his )ard and the

management of his propert$, oronl$ the management of his

propert$! "he guardian of thepropert$ of a nonresident minor

shall have the management of all

his propert$ )ithin thePhilippines!crala)

A guardian shall perform thefollo)ing duties6chanroblesvirtualla)librar$

7a8 "o pa$ the ust debts of the

)ard out of the personal propert$and the income of the real

propert$ of the )ard, .f the same

is sufficient9 other)ise, out of thereal propert$ of the )ard upon

obtaining an order for its sale orencumbrance9

7b8 "o settle all accounts of his

)ard, and demand, sue for,


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receive all debts due him, or ma$,

)ith the approval of the court,compound for the same and give

discharges to the debtor onreceiving a fair and ust dividend

of the propert$ and effects9 and

to appear for and represent the)ard in all actions and special

proceedings, unless anotherperson is appointed for that

purpose9

7c8 "o manage the propert$ of the)ard frugall$ and )ithout )aste,

and appl$ the income and profitsthereon, insofar as ma$ benecessar$, to the comfortable and

suitable maintenance of the )ard9and if such income and profits be

insufficient for that purpose, tosell or encumber the real or

personal propert$, upon being

authori1ed b$ the court to do so9

7d8 "o consent to a partition of

real or personal propert$ o)ned

b$ the )ard ointl$ or in common)ith others upon authorit$

granted b$ the court afterhearing, notice to relatives of the

)ard, and a careful investigation

as to the necessit$ and propriet$of the proposed action9

7e8 "o submit to the court a

verified inventor$ of the propert$of his )ard )ithin three months

after his appointment, andannuall$ thereafter, the rendition

of )hich ma$ be re:uired uponthe application of an interested


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person9chan robles virtual la) librar$

7f8 "o report to the court an$propert$ of the )ard not included

in the inventor$ )hich is

discovered, or succeeded to, orac:uired b$ the )ard )ithin three

months after such discover$,succession, or ac:uisition9 and crala)

7g8 "o render to the court for its

approval an accounting of thepropert$ one $ear from his

appointment, and ever$ $ear

thereafter or as often as ma$ bere:uired!crala)

Sec! %>! Po)er and dut$ of thecourt + "he court ma$6 chan roblesvirtual la) librar$

7a8 Re:uest the assistance of one

or more commissioners in theappraisal of the propert$ of the

)ard reported in the initial and

subse:uent inventories9

7b8 Authori1e reimbursement to

the guardian, other than a parent,

of reasonable e-penses incurredin the e-ecution of his trust, and

allo) pa$ment of compensationfor his services as the court ma$

deem ust, not e-ceeding ten per

centum of the net income of the)ard, if an$9 other)ise, in such

amount the court determines tobe a reasonable compensation for

his services9 and crala)

7c8 Dpon complaint of theguardian or )ard, or of an$

person having actual or


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prospective interest in the

propert$ at the )ard, re:uire an$person suspected of having

embe11led, concealed, ordisposed of an$ mone$, goods or

interest, or a )ritten instrument

belonging to the )ard or hispropert$ to appear for

e-amination concerning an$thereof and issue such orders as

)ould secure the propert$ against

such embe11lement, concealmentor conve$ance!crala)

Sec! %?! Petition to sell orencumber propert$! 5 0hen theincome of a propert$ under

guardianship is insufficient tomaintain and educate the )ard,

or )hen it is for his benefit thathis personal or real propert$ or

an$ part thereof be sold,

mortgaged or other)iseencumbered, and the proceeds

invested in safe and productivesecurit$, or in the improvement or

securit$ of other real propert$, the

guardian ma$ file a verifiedpetition setting forth such facts,

and pra$ing that an order issueauthori1ing the sale or

encumbrance of the propert$! chanrobles virtual la) librar$

Sec! &'! Order to sho) cause! + .f

the sale or encumbrance isnecessar$ or )ould be beneficial

to the )ard, the court shall orderhis ne-t of #in and all personEs

interested in the propert$ toappear at a reasonable time and

place therein specified and sho)


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cause )h$ the petition should not

be granted!crala)

Sec! &%! 3earing on return of

order9 costs! + At the time and

place designated in the order tosho) cause, the court shall hear

the allegations and evidence ofthe petitioner and ne-t of #in, and

other persons interested, together

)ith their )itnesses, and grant orden$ the petition as the best

interests of the )ard ma$re:uire!crala)

Sec! &&! Contents of order for sale

or encumbrance and its duration9bond! + .f, after full e-amination,

it is necessar$, or )ould bebeneficial to the )ard, to sell or

encumber the propert$, or some

portion of it, the court shall ordersuch sale or encumbrance the

proceeds of )hich shall bee-pended for the maintenance or

the education of the )ard, or

invested as the circumstancesma$ re:uire! "he order shall

specif$ the grounds for the sale orencumbrance and ma$ direct that

the propert$ ordered sold be

disposed of at public sale, subectto such conditions as to the time

and manner of pa$ment, andsecurit$ )here a part of the

pa$ment is deferred! "he originalbond of the guardian shall standas securit$ for the proper

appropriation of the proceeds ofthe sale or encumbrance, but the

court ma$, if deemed e-pedient,re:uire an additional bond as a


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condition for the sale or

encumbrance! "he authorit$ tosell or encumber shall not e-tend

be$ond one $ear, unless rene)edb$ the court!chan robles virtual la) librar$

Sec! &(! Court ma$ order

investment of proceeds and directmanagement of propert$! + "he

court ma$ authori1e and re:uire

the guardian to invest theproceeds of sales or

encumbrances, and an$ othermone$ of his )ard in his hands, in

real or personal propert$, for thebest interests of the )ard, andma$ ma#e such other orders for

the management, investment,and disposition of the propert$

and effects, as circumstances ma$)arrant! crala)

Sec! &4! Grounds for removal or

resignation of guardian! + 0hen aguardian becomes insane or

other)ise incapable of discharging

his trust or is found thereafter tobe unsuitable, or has )asted or

mismanaged the propert$ of the)ard, or has failed to render an

account or ma#e a return for

thirt$ da$s after it is due, thecourt ma$, upon reasonable notice

to the guardian, remove him assuch and re:uire him to surrender

the propert$ of the )ard to theperson found to be la)full$entitled thereto!crala)

"he court ma$ allo) the guardianto resign for ustifiable causes! crala)


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Dpon the removal or resignation

of the guardian, the court shallappoint a ne) one!chan robles virtual la)librar$

@o motion for removal or

resignation shall be grantedunless the guardian has submitted

the proper accounting of thepropert$ of the )ard and the

court has approved the same! crala)

Sec! &*! Ground for termination ofguardianship! + "he court motu

proprio or upon verified motion ofan$ person allo)ed to file apetition for guardianship ma$

terminate the guardianship on theground that the )ard has come of

age or has died! "he guardian

shall notif$ the court of such fact)ithin ten da$s of its occurrence! crala)

Sec! &

"he final and e-ecutor$ udgmentor order shall be served upon theocal Civil Registrar of the

municipalit$ or cit$ )here theminor resides and the Register of

2eeds of the province or cit$

)here his propert$ or an$ partthereof is situated! Both the ocal

Civil Registrar and the Register of2eeds shall enter the final and

e-ecutor$ udgment or order inthe appropriate boo#s in theiroffices!crala)

Sec! &=! ffect of the rule! + "his

Rule amends Rules ?& to ?=inclusive of the Rules of Court on


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guardianship of minors!

Guardianship of incompetents)ho are not minors shall continue

to be under the urisdiction of theregular courts and governed b$

the Rules of Court!chan robles virtual la)librar$

Sec! &>! ffectivit$! 5 "his Ruleshall ta#e effect on Ma$ %, &''(

follo)ing its publication in a

ne)spaper of general circulationnot later than April %*, &''(!

Family Court Jurisdiction

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Transcript of Family Court Jurisdiction