RULE 93

APPOINTMENT
OF GUARDIANS
 WHO MAY PETITION

RULE 93: Section 1. Who may petition

for appointment of guardian for
resident.

AM 03-02-05-SC: Sec. 2. Who may

petition for appointment of guardian.
 Minor or incompetent who is a RESIDENT of
the Philippines:
MINORS
(A.M. No. 03-02-05-SC)
Sec. 2
1. Relative;
2. Other person on behalf of the
minor;
3. Minor himself if 14 years of age
or over; or
4. Secretary of the Department of
Social Welfare and Development
and Secretary of the Department
of Health in case of an insane
minor who needs to be
hospitalized.
INCOMPETENT
(Rule 93)
Sec. 1
1. Relative;
2. Friend;
3. Other person on behalf of the
incompetent who has no parent
or lawful guardian; or
4. Director of Health in favor of an
insane person who should be
hospitalized or in favor of an
isolated leper.
 Minor or incompetent who is a NON-
RESIDENT, but has estate in the Philippines:

MINORS/ INCOMPETENT
(Rule 93)
Sec. 6
1. Any friend;
2. Anyone interested in his estate, expectancy or
otherwise; or
3. Any relative.
 GROUNDS FOR THE APPOINTMENT
OF A GUARDIAN
AM 03-02-05-SC: Sec. 4. Grounds of petition
(For Minors)

The Rules of Court does not provide for

specific grounds for appointment of
guardianship over incompetents.
 CONTENTS OF THE PETITION
Rule 93: Section 2. Contents of petition.

AM 03-02-05-SC: Sec. 7. Contents of petition

The actual existence of a ward is a

jurisdictional fact required for the validity of
an order appointing a guardian
WHEN CERTAIN ALLEGATIONS MAY BE
DISPENSED WITH
The Court discussed that granting that the allegations
as to the names, ages and residences of the minor's
relatives is jurisdictional, such may not be necessary
where the petition was filed by the minor's relatives
themselves, to wit, her surviving great-grandmother
Ignacia Zabate, grand aunt Dolores Taboada and her
granduncles Flaviano, Francisco and Pedro Taboada,
with the written consent of her widowed father, Jose
Ponce.

(Uy Ponce v. Ponce, G.R. No. L-8488, November 21, 1955)

 SUFFICIENCY OF VERIFICATION

EFFECT OF DEFECT IN THE PETITION

 HEARING ON THE PETITION

Rule 93: Section 3. Court to set time for

hearing. Notice thereof.

AM 03-02-05-SC: Sec. 8. Time and notice of

hearing.
 NOTICE OF APPLICATION AND
HEARING
Notice for the hearing of the petition shall be
served by the court to:
The persons mentioned in the petition residing in
the Philippines; and
The minor himself if above 14 years of age and the
incompetent himself.

NOTICE AS A JURISDICTIONAL
REQUIREMENT
 OPPOSITION TO PETITION

Rule 93: Section 4. Opposition to petition.

AM 03-02-05-SC: Sec. 10. Opposition to

petition.
 WHO MAY FILE THE OPPOSITION

Any interested person may file a written

opposition to contest the petition.
 GROUNDS FOR THE FILING OF THE
OPPOSITION

Competency of the alleged incompetent;

The unsuitability of the person for whom
letters are prayed; or
Majority of the alleged minor.
 PRAYER

Dismissal of the Petition; or

Letters of guardianship issue to oppositor or
to any suitable person named in the
opposition.
WHERE TO FILE THE OPPOSITION