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  • Rule 93 Sections 7-8: Appointment of Guardians

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    Glaiz Janolino
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    This document discusses guardianship laws in the Philippines. It outlines the rights and duties of parents as natural guardians, including keeping children in their company, supporting them financially and otherwise, and providing moral and spiritual guidance. It also discusses legal guardianship over a child's property if valued over 50,000 pesos. Finally, it notes that natural guardians cannot dispose of a child's property without court approval, and the remedies available if a guardian improperly disposes of property.

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    Special Proceeding Report

    Original Title

    RULE 93

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    This document discusses guardianship laws in the Philippines. It outlines the rights and duties of parents as natural guardians, including keeping children in their company, supporting them financially and otherwise, and providing moral and spiritual guidance. It also discusses legal guardianship over a child's property if valued over 50,000 pesos. Finally, it notes that natural guardians cannot dispose of a child's property without court approval, and the remedies available if a guardian improperly disposes of property.

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    © All Rights Reserved
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    13 views10 pages

    Rule 93 Sections 7-8: Appointment of Guardians

    Uploaded by

    Glaiz Janolino
    This document discusses guardianship laws in the Philippines. It outlines the rights and duties of parents as natural guardians, including keeping children in their company, supporting them financially and otherwise, and providing moral and spiritual guidance. It also discusses legal guardianship over a child's property if valued over 50,000 pesos. Finally, it notes that natural guardians cannot dispose of a child's property without court approval, and the remedies available if a guardian improperly disposes of property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    of 10

    RULE 93

    Sections 7-8
    APPOINTMENT OF
    GUARDIANS
    Section 7.Parents as Guardians
    This provision may be deemed to have been
    modified by the provisions of the Family
    Code on Guardianship particularly Articles
    225 and 220.
    Art. 220
    The parents and those exercising parental authority shall
    have with respect to their unemancipated children or wards
    the following rights and duties:
    1. To keep them in their company, to support, educate and
    instruct them by right precept and good example, and to
    provide for their upbringing in keeping with their means;
    2. To give them love and affection, advice and counsel,
    companionship and understanding;
    3. To provide them with moral and spiritual guidance, inculcate
    in them honesty, integrity, self-discipline, self-reliance,
    industry and thrift, stimulate their interest in civic affairs, and
    inspire in them compliance with the duties of citizenship;
    4. To enhance, protect, preserve and maintain their physical and
    mental health at all times;
    Art. 220
    5. To furnish them with good and wholesome educational
    materials, supervise their activities, recreation and
    association with others, protect them from bad company,
    and prevent them from acquiring habits detrimental to
    their health, studies and morals;
    6. To present them in all matters affecting their interests;
    7. To demand from them respect and obedience;
    8. To impose discipline on them as may be required under
    the circumstances; and
    9. To perform such other duties as are imposed by law upon
    parents and guardians.
    Art. 225
    The father and the mother shall jointly
    exercise legal guardianship over the
    property of their unemancipated common
    child without the necessity of a Court
    appointment. In case of disagreement, the
    father’s decision shall prevail, unless there is
    a judicial order to the contrary.
    Where the market value of the property or
    the annual income of the child exceeds
    P50,000, the parent concerned shall be
    required to furnish a bond in such amount
    as the Court may determine, but not less
    than 10% of the value of their property or
    annual income
    A verified petition for approval of the bond
    shall be filed in the proper Court of the
    place where the child resides, or if the child
    resides in a foreign country, in the proper
    court of the place where the property or any
    part thereof is situated.
    Natural Guardian Cannot Dispose the
    Property of the Child
    A father or mother, as the natural guardian of the
    minor under parental authority, does not have the
    power to dispose or encumber the property of the
    latter, such power is granted by law only to a
    judicial guardian of the ward’s property and even
    then only with Court’s prior approval secured in
    accordance with the proceedings set forth by the
    Rules of Court.
    Remedy Against the Guardian who
    Disposed of the Property
    Vendee’s remedy against the natural
    guardian is not to recover ownership and
    possession of the properties sold but only to
    recover damages.
    Section 8. Service of Judgment
    Civil Registrar of the place where the minor or
    incompetent resides or where the property is situated
    shall be served with a copy of judgment.

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