Superseded in part.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. 6. When and how guardian for nonresident appointed; Notice. — When a person liable to be put under guardianship resides without the Philippines but has estate therein, any relative or friend of such person, or any one interested in his estate, in expectancy or otherwise, may petition a court having jurisdiction for the appointment of a guardian for the estate, and if, after notice given to such person and in such manner as the court deems proper, by publication or otherwise, and hearing, the court is satisfied that such nonresident is a minor or incompetent rendering a guardian necessary or convenient, it may appoint a guardian for such estate.
Rules of Court, Rule 93, Section 6. 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 6 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 5 — Hearing and order for letters to issue.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.