ArticuLaw Primo

Rule 92

Venue

 

Prepared by: Jaylyn Ammang

 

 

Guardianship Defined

 

    It is the power of protective authority given by law and imposed on an individual who is free and in enjoyment of his rights over one whose weakness on account of his age or other infirmity renders him unable to protect himself.

 

 

Question: What is a guardian?

 

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

 

 

Kinds of Guardians

 

   According to scope: 

 

•Guardian of the person

•Guardian of the property

•General guardian

 

 

  According to constitution:

 

•Legal Guardian – no need for judicial appointment

•Guardian ad litem – court appointed, to prosecute/defend minor/incompetent in a legal action

•Judicial Guardian – judicially appointed as guardians of minors/incompetent persons

 

 

Question: Where to institute?

 

   Jurisdiction: 

 

•Resident – RTC of minor/incompetent person’s residence

•Non-Resident – RTC of the place where property is located

 

 

Meaning of incompetent

 

   Incompetent persons include: (CLePDUN)

 

•Those suffering from penalty of civil interdiction

•Hospitalized lepers

•Prodigals

•Deaf and dumb who are unable to read and write

•Those of unsound mind (though with lucid intervals)

•Persons not of unsound mind but by reason of age, disease, weak mind and other similar causes cannot     without outside aid take care of themselves and manage their property

 

 

Transfer of venue

 

- May be granted to afford convenience to the ward

- Court may impose settlement prior to allowing such transfer

 

 

Download lecture, click here

 

See Martinez v. Martinez, G.R. No. 445