Rule 93 Sections 7-8: Appointment of Guardians
Rule 93 Sections 7-8: Appointment of Guardians
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.