GENERAL POWERS AND DUTIES OF GUARDIANS

GENERAL POWERS AND DUTIES OF GUARDIANSRULE 96Section 1 Extent of GuardianshipCARE AND CUSTODY of the PERSON of his ward ANDMANAGEMENT OF THE ESTATE of the ward

- OR -

MANAGEMENT OF THE ESTATE ONLY, as appointed by the courts having jurisdiction over the guardianshipCare and Custody of the Ward Management of the EstateConflicts regarding ownership or title to a property in the hands of a guardian in his capacity as such should be litigated in a separate proceeding in a separate court other than the guardianship court. (Viloria vs. Administrator of Veterans affairs 101 Phil 762)Management of the EstateWhenever the guardian allows someone else to act in his behalf, by allowing the wards property to be leased or to be discharged, the guardian shall be liable to account for any lossThe minor or ward is not liable for an tortuous act committed by the guardian ( Guerrerro v Teran; Mabalacat sugar v Ramirez 53 Phil 496)Section 2 Guardian to pay debts of wardHOW AND IN WHAT ORDER?1. Personal estate of ward and2. Income of wards estate; or3. Out of wards real estate after obtaining an order for the sale or encumbrance thereofSection 3 To settle accounts, collect debts, and appear in Actions for the WardDemand, sue for, and receive all debts due to himCompound or give discharges to the debtor, with the approval of the courtReceive a fair and just dividend of the estate and effectsAppear for and represent his ward in all actions and special proceedings, unless another person appointed for such purpose

Extent of powers of Natural and Judicial GuardianNatural Guardian(Father/Mother of the Ward)Empowered to represent him in judicial actions or proceedingsCANNOT dispose property of the wardCANNOT renounce any right or indemnity granted the ward by provision of law without the approval of courtArt.316 and 320 Civil Code; Palarca v. BaguisiJudicial GuardianEmpowered to exercise all acts of administrationCan lease real estate of the ward for a period not more than one year with or without the courts consent

Section 4 Estate to be managed frugallyCareful about spending money or using supplies of the wards estateIncome and profits of the estate must be applied to the maintenance of the ward and of the wards family if applicableThe maintenance of the ward and/or his family must be in a comfortable and suitable manner

If income and profits are insufficient for the purpose of maintaining the ward and/or his family, guardian may sell or encumber the real estate upon authority of the courtSection 5 Guardian to join Partition ProceedingsWhat are the requisites to authorize the guardian to join in the partition proceedings?HearingNotice to relatives of the ward; andCareful investigation as to the necessity and propriety of the proposed actionWhen interest of guardian conflicts with that of the wardsWhen the interest of either parent of guardian in the partition conflicts wit that of the childrens or wards under their parental authority, such parents or guardians cannot represent them therein.Art. 165 of the Civil Code a third party must be appointed to represent the minor or the ward in law and in fact for the partition proceedings.Salonga vs Evangelista 20 Phil 273Section 6 Proceedings when person suspected of embezzling or concealing property of wardWHO MAY FILE COMPLAINT?The guardian of the ward; orAny person having an actual of prospective interest in the estate of the ward as a creditor, heir, or otherwise.

WHEN TO FILE COMPLAINT?Upon suspicion that anyone has embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument belonging to the ward or his estate.

The Courts may cite suspected person to appear for examination and make order to secure against embezzlement, concealment, or any conveyance.

CASE ANALYSISFACTS:Guardianship court authorized and approved, upon motion of Guardian, the sale to spouses A&B 3 parcels of land to answer for the medical expenses of Ward.2 years later, Guardian filed a petition in the guardianship court invoking Sec. 6 Rule 96, praying that an order be issued requiring Spouses A&B to appear before the court so that they can be examined as regards to the 3 lots which are allegedly in danger of being lost, squandered, concealed, and embezzled The guardian alleges that the transaction was in fact a loan to be paid in 3 months but upon the expiration of the period thereof, the couple refused to sell back such property of the ward.Guardianship court, exercising limited and special jurisdiction under Sec 6 Rule 96 ruled in favor of the of the guardian and ordered the reconveyance and delivery of the property to Ward

CASE ANALYSISISSUEW/N the CFI judge, exercising limited and special jurisdiction as a guardianship court had jurisdiction to adjudicate the issue of ownership and order the reconveyance and delivery of the property to the ward?CASE ANALYSISRULING:No. Generally, the guardianship court exercising special and limited jurisdiction cannot actually order the delivery of the property of the ward found to be embezzled, concealed or conveyed. In effect, there can only be delivery or return of embezzled, concealed or conveyed property of the ward, where the right or title of said ward is clear and undisputable. However, where title to any property said to be embezzled, concealed or conveyed is in dispute, as in this case, the determination of said title or right whether in favour of the person said to have embezzled, concealed or conveyed the property must be determined in a separate ordinary action and not in guardianship proceedings.

(Parco v. Court of Appeals 111 SCRA 262)

Section 7 Inventories and Accounts of GuardiansWithin 3 months guardian must render to the court an inventory of his wards estate soon after his appointment as guardianAnnually after appointment and rendition of inventoryInventories and accounts shall be sworn to by the guardianAppraisal all described properties of the ward in the initial inventory shall be appraised the courts alone or with the assistance of inheritance tax appraisersProperty not included in initial inventory inventory by the guardian must be made within 3 months from discovery, succession, or acquisitionSection 8 When Guardians Accounts Presented for settlementA guardian must present his account to the court for settlement and allowance a year after the time of his appointment and as often as he may be required by the court.The guardian, other than the parent, shall be allowed the amount of his reasonable expenses incurred during the execution of his trust and compensation of his servicesCompensation must be just and shall not exceed 15% of the net income of the ward.Compensation of Guardian15 % of the net income of the ward plus right to reimbursement of all reasonable expenses incurred in the administration of the property.

However, No income = No compensationDuties and extent of guardianshipSCAM CS Settlement of accountsC Collect all debtsA Appear in actionsM Manage the EstateC Care and custody of ward and/or wards property/iesEND OF RULE 96Thank you!