Superseded in part. This rule no longer governs guardianship of minors. A.M. No. 03-02-05-SC, the Rule on Guardianship of Minors (effective May 1, 2003), amends Rules 92 to 97 of the Rules of Court in that respect; its Section 27 provides that guardianship of incompetents who are not minors shall continue to be governed by the Rules of Court. Read the text below as the rule for guardianship of incompetents; where the ward is a minor, the 2003 Rule governs.
Text of the provision
Sec. 1. Who may petition for appointment of guardian for resident. — Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper.
Rules of Court, Rule 93, Section 1. Reproduced verbatim and verified word-for-word against four independently published renderings of the Rules of Court — only text on which at least two independent publishers agree is shown.
About this section
This is Section 1 of Rule 93 (Appointment Of Guardians) of the Rules of Court of the Philippines — the Special Proceedings rules (Rules 72–109), in force since January 1, 1964. The text above is reproduced verbatim.
Related provisions
- Section 2 — Contents of petition.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.