1) What “legal guardianship” means in Philippine law

Guardianship is a court-supervised relationship where a judge appoints a guardian to care for a ward—either:

the ward’s person (daily care, health, education, living arrangements), and/or
the ward’s property (money, bank accounts, pensions, real estate, business interests).

A guardian’s authority comes from the court order and the Letters of Guardianship (the formal document issued after appointment). Without a court appointment, many institutions (banks, government agencies, hospitals) will not recognize someone’s authority to act for another—especially for property or major decisions.

Guardianship is different from custody and adoption

Custody is about who physically cares for a child; it can arise in various family cases.
Guardianship is a special court proceeding to legally empower someone to act for a minor or an incompetent person, often including property authority.
Adoption creates a permanent parent-child relationship; guardianship does not.

2) Legal framework (Philippine context)

Guardianship cases are generally governed by:

The Rules of Court on Guardianship (traditionally Rules 92–97 for guardianship of minors and “incompetents”), and
The special Supreme Court rule on guardianship of minors (a more detailed procedural rule used by courts for minor wards),
Plus related family and civil law principles (e.g., parental authority under family law; property management standards; court approval requirements for disposition of a ward’s property).

Proceedings are typically handled by the Family Court (or the Regional Trial Court acting as a Family Court) in the place where the ward resides.

This article is general legal information in Philippine context and not a substitute for advice from your lawyer, especially because local court practices and required documents can vary.

3) When you usually need court guardianship

A) For a minor (below 18)

Guardianship is commonly sought when:

Both parents are dead, missing, abroad long-term without proper arrangements, or otherwise unable to exercise parental authority;
Parents are unfit (abuse, neglect, incapacity) and there’s a need for a stable legal caregiver;
There is property in the minor’s name (inheritance, insurance proceeds, land title, bank accounts), and institutions require a guardian to manage it;
The minor needs someone legally authorized for major decisions (school enrollment, medical consent in higher-stakes situations, travel documentation, benefits claims).

Note: Parents generally have parental authority and are often treated as “natural guardians” of their children’s property in a limited sense, but courts and institutions frequently still require judicial guardianship for significant property transactions (e.g., selling land, withdrawing large sums, receiving settlement proceeds).

B) For an adult who cannot manage self or property (“incompetent”)

Guardianship may be needed when an adult cannot manage personal care and/or property due to:

severe mental illness, dementia, intellectual disability affecting decision-making,
coma or profound incapacity,
other conditions where the person cannot understand or protect their interests.

Courts require credible proof of incapacity (often medical documentation and testimony).

4) Types of guardianship you can ask for

Guardian of the Person Authority focuses on care: residence, schooling, medical decisions, day-to-day welfare.
Guardian of the Property (Estate) Authority focuses on assets: collecting income, paying bills, managing property, filing required reports. This is the most document-heavy because courts strictly protect the ward’s assets.
General vs. Limited/Special Guardianship Courts may tailor authority:
- General: broader powers (with court supervision), or
- Limited/Special: only for a specific act (e.g., to receive insurance proceeds; to sign for a settlement; to manage a single bank account).
Temporary/Interim Guardianship (when urgent) If there’s imminent harm (medical urgency, risk of asset dissipation), you can request temporary authority pending final hearing—courts may grant limited interim powers under strict conditions.

5) Who may file the petition

Usually, any of the following may petition:

a relative (grandparent, adult sibling, aunt/uncle),
a person who has actual care of the ward,
in some situations, a government agency or concerned person when the ward’s welfare is at risk.

For minors, courts strongly prefer close family—unless unfit—because the guiding standard is always the best interest of the child.

6) Where to file (jurisdiction and venue)

Venue is typically where the ward resides. File in the Family Court (or RTC acting as Family Court) with territorial jurisdiction over the ward’s residence.

If the case involves property, courts may require the petition to disclose where the property is located and its approximate value, but venue still commonly follows the ward’s residence.

7) What the petition must generally contain

A guardianship petition is usually verified (sworn) and should clearly state:

For a minor

Ward’s full name, date of birth, and residence
Parents’ names and status (alive/deceased/absent; whereabouts)
Why guardianship is necessary (facts, not conclusions)
Relationship of petitioner to the minor
Who currently has physical care of the child
The proposed guardian’s fitness (character, capacity, resources, absence of disqualifications)
Names/addresses of nearest relatives and interested persons (so they can be notified)
If property exists: description, location, and estimated value; sources of income/benefits

For an adult alleged incompetent

Ward’s identity and residence
Detailed facts showing inability to manage self and/or property
Medical basis and history (attach supporting medical documents when possible)
Property/income details (if guardianship of estate is sought)
Proposed guardian’s relationship and qualifications
Names/addresses of relatives and other interested parties

8) Typical supporting documents (what courts commonly ask for)

Exact requirements vary per court, but you should expect many of these:

Identity and relationship

PSA birth certificate (minor)
Government IDs of petitioner
Proof of relationship (birth/marriage records, family tree if needed)

If parents are unavailable/unfit (minor)

Death certificates, or
Proof of absence/unavailability (and efforts to locate), or
Documents supporting unfitness concerns (as applicable)

For adult incapacity

Medical certificate/report describing diagnosis, functional limitations, prognosis
Hospital/clinical records if relevant
Sometimes: testimony or additional evaluation

For property

Land title/tax declaration, deeds, bank certifications (if available), insurance policy documents
List/inventory of assets and liabilities (as complete as possible)

Fitness of guardian

Barangay certificate / proof of residence
NBI or police clearance (often requested in practice)
Proof of income/capacity to support ward (varies)
For minors: court social worker/DSWD-style assessment may be required or requested by the judge

9) Step-by-step court process (typical flow)

Step 1: Prepare the petition and attachments

Draft a verified petition with complete facts and supporting documents. Incomplete disclosures (especially about property and relatives) often cause delays.

Step 2: File in the proper court and pay filing fees

Guardianship is a special proceeding. Fees depend on the court and whether property/estate value affects assessment.

Step 3: Court issues an order setting the hearing and requiring notice

After filing, the court usually issues an order:

setting the date(s) of hearing, and
directing that notice be served to required persons (relatives, interested parties, and often the ward when appropriate).

Some cases require publication or other forms of notice when interested parties are unknown or cannot be located.

Step 4: Serve notices and submit proof of service

You must comply with the court’s notice requirements and submit proof (returns, affidavits, registry receipts, etc.). Failure here is a common reason hearings get reset.

Step 5: Social worker / child welfare assessment (often in minor cases)

For minors, courts frequently rely on a social case study or evaluation (court social worker or coordination with child welfare offices) to assess:

living situation,
the proposed guardian’s capacity,
the child’s needs and best interest.

Step 6: Hearing and presentation of evidence

At the hearing, the judge may require:

petitioner testimony,
testimony of other relatives or witnesses,
for adult cases: medical testimony or records to establish incapacity,
evaluation reports.

If there are objectors, the case becomes more contested and evidence-heavy.

Step 7: Court decision/order appointing the guardian

If the court is satisfied:

it issues an order appointing the guardian (person and/or property), and
may require a bond (especially for guardianship of property).

Step 8: Post bond (if required) and obtain Letters of Guardianship

For estate/property guardianship, the guardian typically must:

file the required bond, then
request issuance of Letters of Guardianship.

Institutions often ask for certified true copies of the order/letters.

Step 9: Compliance after appointment (inventory, accounting, approvals)

Most courts require ongoing supervision, especially for property.

10) The bond requirement (very important for property)

If you seek authority over the ward’s property, courts commonly require the guardian to post a bond to protect the ward from mismanagement or loss. The bond amount is often tied to the value of the ward’s estate/income.

Practical effect: even if you “win” the petition, you may not be able to act until the bond is approved and Letters of Guardianship are issued.

11) Duties and limits of a guardian

A) Core duties (fiduciary duties)

A guardian must act with the highest degree of care and loyalty:

prioritize the ward’s welfare and best interests,
avoid conflicts of interest,
keep ward’s funds separate,
keep receipts and records,
spend only for legitimate needs of the ward.

B) Inventory and accounting

Courts commonly require:

an inventory of the ward’s property shortly after appointment, and
periodic accounting (reports of income, expenses, and remaining assets).

C) Court approval for major acts

A guardian usually cannot freely dispose of a ward’s property. For acts like:

selling or mortgaging real property,
compromising claims/settlements,
making large withdrawals or investments,
leasing property long-term,

…the guardian typically must file a motion/petition for authority and obtain a separate court approval. This is where many guardianship cases expand into ongoing court supervision.

12) Who is preferred as guardian (and who may be disqualified)

Preference (general pattern)

Courts typically prefer:

for minors: close relatives who can provide stable care (often grandparents/older siblings/qualified relatives), considering the child’s best interest,
for adult wards: spouse/close relatives or a person with genuine care and capacity.

Common disqualifying factors

A person may be rejected or removed if they:

have interests adverse to the ward (conflict over inheritance/property),
have a history of abuse/neglect/violence,
are financially irresponsible or have credibility issues,
are otherwise unfit to manage the ward’s welfare/property.

13) Contested guardianship (when someone opposes)

Opposition can come from:

other relatives,
a parent (in minor cases),
anyone claiming a better right or alleging the petitioner is unfit.

In contested cases, expect:

multiple hearings,
more witness testimony,
closer scrutiny of finances and motives,
possible appointment of a neutral evaluator/social worker,
in some cases, appointment of a guardian ad litem to represent the ward’s interests in court.

14) Duration, termination, and removal

For minors

Guardianship generally ends when the child reaches 18, unless there is another legal basis to continue (rare; usually adult guardianship must be separately justified).

For adult wards

Guardianship may end if:

the ward’s capacity is restored (with court finding),
the ward dies,
the court replaces/removes the guardian.

Removal/resignation

A guardian may be removed for:

misuse of funds,
neglect,
failure to submit required reports,
conflict of interest,
unfitness.

Courts can appoint a successor guardian and require turnover of records and property.

15) Practical tips to avoid delays

List all nearest relatives and interested parties with correct addresses (notice issues cause repeated postponements).
Be specific about why guardianship is needed—especially if a parent is alive but unavailable/unfit.
For adult incapacity: use clear medical documentation describing functional inability (not just a diagnosis).
For property: prepare an organized inventory and supporting papers early.
Keep in mind: even after appointment, you may need separate court authority for major transactions.

16) Quick checklist: what you’ll usually do

Identify whether you need guardianship of person, property, or both.
Gather civil registry documents and proof of relationship.
Gather proof of need (parental unavailability/unfitness, property details, medical proof of incapacity).
Draft and notarize a verified petition.
File in the Family Court/RTC where the ward resides; pay fees.
Comply with notice/publication directives.
Attend hearings; present evidence; cooperate with social worker evaluation (if required).
If granted: post bond (if required), obtain Letters of Guardianship.
Submit inventory/accounting; seek court permission for major acts.

17) Frequently asked questions

“Can I be a guardian even if I’m not a blood relative?”

Possibly, but courts generally prioritize family unless family is unavailable or unfit. You’ll need strong proof that appointment serves the ward’s best interest.

“Can guardianship be only for claiming benefits or managing one bank account?”

Yes. You can request limited/special guardianship narrowly tailored to the needed act.

“Do I automatically control the ward’s property after appointment?”

Not automatically. You’ll likely need to:

comply with bond and letters issuance, and
obtain additional court authority for major transactions.

“Is a barangay affidavit enough?”

Usually not for institutions and property. Court appointment is what gives legal authority recognized across agencies.

If you want, paste your situation (minor or adult; where the ward lives; whether there’s property like land or bank accounts; whether any relatives might oppose), and I’ll outline the most appropriate petition type, the facts to emphasize, and a document list tailored to that scenario (still as general information).