SPECIAL PROCEEDINGRULE 92VENUE

PREPARED BY: WILBERT B. CUALA

Sec. 1 WHERE TO INSTITUTE PROCEEDINGS

Guardian is person in whom the law has entrusted the custody and control of the person or estate of both an infant, insane or other person incapable of managing his own affairs.

PREPARED BY: WILBERT B. CUALA

Sec. 1 WHERE TO INSTITUTE PROCEEDINGS

Guardianship is a trust of the most sacred character in which one person called “guardian” acts for another called the ward whom the law regards as in capable of managing his own affairs.

PREPARED BY: WILBERT B. CUALA

Sec. 1 WHERE TO INSTITUTE PROCEEDINGS

It is designed to further the wards well being not that of the guardian. It is intended to preserve the ward’s property, as weel as to render any assistance that the ward may personally require.

PREPARED BY: WILBERT B. CUALA

Sec. 1 WHERE TO INSTITUTE PROCEEDINGS

VENUE FOR GUARDIANSHIP PROCEEDINGS

If the minor is in the Philippines – the RTC of the place of residence of minor – justice of peace of the municipality– municipal trial court of chartered city

If not in the Philippines– RTC where the property is situated

PREPARED BY: WILBERT B. CUALA

Sec. 2. Meaning of word "incompetent."

WHO ARE INCOMPETENT– persons suffering the penalty of civil interdiction– hospitalized lepers, – prodigals,– deaf and dumb who are unable to read and write– those who are of unsound mind, even though they

have lucid intervals– and persons not being of unsound mind, but by

reason of age, disease, weak mind,– other similar causes, cannot, without outside aid, take

care of themselves and manage their property

PREPARED BY: WILBERT B. CUALA

Sec. 3. Transfer of venue

• The purpose is to provide convenience to the

ward

• It lies only upon the exclusive jurisdiction of the court

• The court may refuse the transfer if the settlement is insufficient to show:– the condition of the estate,– the property of the ward – the guardian just charges

PREPARED BY: WILBERT B. CUALA

RELATED CASE

Pacinete v. Dacuycuy G.R. No. L-58319 June 29, 1982

PREPARED BY: WILBERT B. CUALA

PREPARED BY: WILBERT B. CUALA

PREPARED BY: WILBERT B. CUALA