Text of the provision

Sec. 1. Petition that competency of ward be adjudged, and proceedings thereupon. — A person who has been declared incompetent for any reason, or his guardian, relative, or friend, may petition the court to have his present competency judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. Upon receiving the petition, the court shall fix a time for hearing the questions raised thereby, and cause reasonable notice thereof to be given to the guardian of the person, so declared incompetent, and to the ward. On the trial, the guardian or relatives of the ward, and, in the discretion of the court, any other person, may contest the right to the relief demanded, and witnesses may be called and examined by the parties or by the court on its own motion. If it be found that the person is no longer incompetent, his competency shall be adjudged and the guardianship shall cease.

Rules of Court, Rule 97, 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 97 (Termination Of Guardianship) 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.

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Note. The text above is reproduced in full from the Rules of Court (Special Proceedings), 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. The framing around it is general legal information, not legal advice. How a rule applies to a particular case depends on facts that only a lawyer reviewing your matter can assess.