ArticuLaw Primo

Rule 97

TERMINATION OF GUARDIANSHIP

 

Prepared by: Nelia M. Oro

 

 

Question-What are the grounds for termination of guardianship?

 

Answer: 

 

A. Death of the guardian or ward

B. Marriage or voluntary emancipation of the minors (Sec. 3);

C.  Adjudgment of Competency

 

 

Question -  Who may petition for the determination of his present competency?

 

Answer:

 

        A person who has been declared incompetent for any reason, or his guardian, relative or friend, may petition the court to have his present competency be judicially determined. The petition shall be verified by oath, and shall state that such person is then competent. (Sec. 1)

 

 

Question: Upon the filing of a petition to determine present competency, what shall the court do?

 

Answer:

 

      Upon receiving the petition, the court shall fix a time for hearing the questions raised thereby, and cause reasonable notice thereof  to be given to the guardian of  the person so declared incompetent, and to the ward. (Sec 1)

 

 

Question- What are the grounds for removal of a guardian?

 

Answer

1. Insanity of the guardian. (Sec. 2)
2. Conflict of Interest
3.Immoral Conduct
4. Wastage or mismanagement of the     estate of the ward.
5. Failure for thirty (30) days after it is due     to render an account or make a return.
6. Resignation by the guardian.

 

 

Note: Family Code on Emancipation

 

Title X: Emancipation and the Age of Majority 

 

"Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years."

 

 

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See Celis v. Cafuir, G.R. No. L-3352 (June 12, 1950)