Short answer. It is automatic for the child's unemancipated property below certain thresholds. Article 225 of the Family Code provides that both parents jointly exercise legal guardianship over the property of their unemancipated common child without the necessity of a court appointment — unless the property exceeds P50,000 in value or income, which triggers a bond requirement.
What the law says
The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment.
Family Code, Article 225 — Guardianship Over the Child's Property. Read the full provision →
Legal guardianship is automatic for parents
Article 225 removes a significant procedural burden: parents do not need to go to court and apply for appointment as guardian of their own child's property. By virtue of their status as parents, they jointly hold legal guardianship over the unemancipated child's property as a matter of law. There is no need for a court petition, no appointment order, and no formal certification of authority. The right and the duty to administer the child's property come with parenthood itself, for as long as the child remains unemancipated.
The bond requirement kicks in above P50,000
The automatic authority has an important caveat. Where the market value of the child's property or the child's annual income exceeds P50,000, the law imposes an additional requirement: the parent must furnish a bond in an amount the court determines, but not less than 10 percent of the property's value or the annual income. This bond is a guarantee that the parents will manage the property as general guardians must. The bond must be approved through a petition filed as a summary special proceeding in the court where the child resides.
When ordinary guardianship rules fully apply
Article 225 provides that ordinary guardianship rules are merely suppletory in most cases — meaning they fill gaps but do not replace the parental authority framework. However, three situations cause the full ordinary guardianship rules to apply instead: when the child is under substitute parental authority (i.e., not with the natural parents), when the guardian is a stranger to the family, or when a parent has remarried. In those cases, the protections of the formal guardianship process apply in full, including court appointment and supervision.
Practical implications for parents managing their child's assets
For most families with modest assets, the automatic guardianship under Article 225 means parents can open bank accounts for the child, collect income or support on the child's behalf, and manage ordinary property without any court involvement. If the child inherits land, receives insurance proceeds, or holds other property approaching or exceeding the P50,000 threshold, parents should consult a lawyer about whether the bond requirement applies and how to comply. Acting as guardian without the required bond when the threshold is met exposes parents to potential legal challenges and personal liability if the child's property is mismanaged.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sister Pilar Versoza vs. People of the Philippines, Michelina S. Aguirre-Olondriz, Pedro Aguirre, G.R. No. 184535, September 3, 2019 — read the decision on LawPhil →
- Ma. Socorro Camacho-Reyes vs. Ramon Reyes, G.R. No. 185286, August 18, 2010 — read the decision on LawPhil →
- Bonifacia P. Vancil vs. Helen G. Belmes, G.R. No. 132223, June 19, 2001 — read the decision on LawPhil →