Superseded in part.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. 5. Hearing and order for letters to issue. — At the hearing of the petition the alleged incompetent must be present if able to attend, and it must be shown that the required notice has been given. Thereupon the court shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified.
Rules of Court, Rule 93, Section 5. 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 5 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 4 — Opposition to petition.
- Section 6 — When and how guardian for nonresident appointed; Notice.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.