Guardianship in the Philippines is a judicially created legal relationship that grants an adult the authority to care for the person and/or property of a minor or an incompetent person when parents or natural guardians are unable, unwilling, or unavailable to do so. The resulting court order and Letters of Guardianship are the official “court-approved guardianship documents” that are recognized by government agencies (DFA, DFA passport offices, Bureau of Immigration, banks, schools, hospitals, embassies, etc.) as proof of legal authority over the child or incompetent.

This article exhaustively covers the entire topic under Philippine law as of December 2025.

Governing Laws and Rules

For minors (persons below 18 years of age)
– Rule on Guardianship of Minors (A.M. No. 03-02-05-SC, effective May 1, 2003)
– This rule completely superseded Rules 92–97 of the old Rules of Court insofar as custody and property guardianship of minors is concerned.
– Suppletory application of the Family Code (E.O. 209, as amended), Child and Youth Welfare Code (P.D. 603), and the 2019 Revised Rule on Children in Conflict with the Law when applicable.
For incompetent adults (insane, intellectually disabled, prodigals, deaf-mutes who cannot read or write, persons suffering from severe mental illness or dementia, etc.)
– Rules 92–97, 1997 Rules of Civil Procedure (still in force because the 2003 Rule applies only to minors).
– Suppletory application of the Family Code, Civil Code, and R.A. 10175 (Mental Health Act) as amended.
Related statutes
– R.A. 9523 (requirement of certificate of no marriage for certain guardianship petitions involving illegitimate children)
– R.A. 11642 (Domestic Administrative Adoption and Alternative Child Care Act) – distinguishes guardianship from adoption and foster care
– Inter-Country Adoption Act when the prospective guardian is a foreigner

Types of Guardianship Recognized

General guardianship (over the person and property)
Limited guardianship (only over the person or only over the property)
Guardian of the person (care, custody, education, medical consent, travel consent)
Guardian of the property (management of real estate, bank accounts, investments, inheritance)
Temporary/special guardian (pendente lite, for a specific purpose or duration)
Guardian ad litem (appointed only for a particular case or proceeding)

The most commonly sought by relatives in the Philippines is general guardianship over the person (with or without property) for children of OFWs, deceased parents, or incarcerated parents.

When Court-Appointed Guardianship Is Necessary or Highly Advisable

Child will apply for a Philippine passport and parents are abroad/incapacitated
Minor will travel abroad with a non-parent (BI requires court order of guardianship + DSWD clearance)
Minor has substantial property or inheritance that needs management
School or hospital insists on court order (rare, but happens in private institutions)
Bank accounts or land titles are in the minor’s name
Parents’ parental authority has been terminated/suspended by court (Art. 231, Family Code)
Prospective adoptive parents want permanent legal status before filing adoption (guardianship is often a prerequisite)
There is family conflict and the caregiver needs clear legal authority

Special Power of Attorney (SPA) is NOT a substitute when the above circumstances exist. SPA is revocable, expires, and is not accepted by DFA, BI, or many foreign embassies for visa applications.

Who May File the Petition

Any person who has interest in the welfare of the minor/incompetent may file, including:

Grandparent, aunt/uncle, sibling over 21
Actual custodian
The minor himself/herself if at least 14 years old
DSWD social worker
Any concerned individual (even non-relative, though courts strongly prefer blood relatives)

Who May Be Appointed Guardian

The court appoints the person it deems most suitable, giving preference to:

Surviving parent (unless parental authority is suspended/terminated)
Person chosen by the minor if 14 years or older
Grandparents (paternal or maternal)
Oldest brother or sister over 21
Actual custodian over 21
Any person of good moral character, physically and mentally fit, financially capable

Disqualifications (Art. 222, Family Code & Sec. 4, Rule on Guardianship of Minors):

Minors
Persons of unsound mind
Convicted of crime involving moral turpitude
Notoriously extravagant or insolvent
Persons who have adverse interest against the ward

Venue and Jurisdiction

For minors
– Exclusive original jurisdiction: Family Court of the city/province where the minor actually resides
– If no Family Court: Regional Trial Court acting as Family Court
– If the minor is a non-resident but has property in the Philippines: Family Court where the property or any part is situated

For incompetent adults
– Regional Trial Court of the province/city where the incompetent resides

Complete Step-by-Step Procedure (Minors – Most Common)

Consultation with a lawyer (highly recommended; solo filing is allowed but risky).
Preparation of verified petition containing all mandatory allegations (Sec. 3, Rule on Guardianship of Minors).

Mandatory contents:
- Full name, age, complete residence of the prospective ward
- Jurisdictional facts (residence of minor)
- Grounds (death of parents, prolonged absence, incapacity, etc.)
- Fact of death/termination/suspension of parental authority
- Remarriage of surviving parent (if applicable)
- Names, addresses, and degree of relationship of all relatives within the 4th civil degree and persons having actual care
- Description, probable value, and location of minor’s property (if any)
- Name, age, residence, and qualifications of proposed guardian
- Prayer for general or limited guardianship
Attach supporting documents (originals or certified true copies):
- NSO/PSA birth certificate of the minor
- Death certificate of parent/s (if applicable)
- Affidavit of petitioner explaining circumstances
- Affidavit of two disinterested persons attesting to petitioner’s fitness
- Medical certificate if parent is incapacitated
- Proof of property (TCT, tax declaration, bank certification)
- Barangay certification of residence
- NBI/police clearance of petitioner (often required by courts in practice)
Filing with the Family Court + payment of filing fees
– If no property involved: approximately ₱4,000–₱8,000 (2024–2025 rates)
– If property involved: ad valorem fee based on assessed value (0.5%–1% of value)
Court issues Order setting case for initial hearing (usually within 30–60 days).
Service of notice and summons to:
- All persons named in the petition
- The minor if 14 years or over
- DSWD social worker of the court
Publication (mandatory only if):
- Parents are dead or whereabouts unknown, OR
- No known relatives within 4th degree
  → Once a week for 3 consecutive weeks in a newspaper of general circulation in the province/city
DSWD Social Case Study Report / Home Study Report
– Court almost always refers the case to DSWD for investigation
– Social worker visits petitioner’s home, interviews neighbors, prepares report on suitability
– This step takes 30–90 days
Appointment of Guardian ad Litem (if minor is below 14 or court deems necessary).
Hearing proper
– Petitioner presents evidence and witnesses
– Minor may be interviewed in chambers
– Oppositors (if any) present opposition
Judgment and issuance of Order of Appointment.
Posting of bond (only if guardianship includes property)
– Amount fixed by the court (usually 100%–150% of the value of the estate)
– May be cash, surety, or real estate bond
Oath of guardian before the court.
Issuance of Letters of Guardianship – this is the primary “court-approved guardianship document” together with the certified true copy of the Decision/Order.
Inventory of estate (within 3 months) and annual accounting (every year thereafter) if property is involved.

Typical duration (uncontested): 4–10 months
Typical duration (with publication and DSWD report): 8–18 months

Procedure for Incompetent Adults (Brief)

File verified petition in RTC
Allege specific grounds of incompetency
Attach medical certificates from at least two physicians
Publication is always required (3 consecutive weeks)
Hearing with possible physical/mental examination of the ward
Bond is always required
Much stricter scrutiny than minor’s guardianship

Costs Summary (2024–2025 approximate)

Filing & legal research fee: ₱4,000–₱10,000
Publication (if required): ₱15,000–₱35,000
Lawyer’s acceptance fee: ₱50,000–₱150,000 (provincial vs Metro Manila)
DSWD home study: free
Bond premium (if surety): 1–2% of bond amount annually
Notarials, certifications, travel: ₱10,000–₱20,000

Total average cost for uncontested minor’s guardianship: ₱80,000–₱200,000

Duties and Liabilities of the Guardian

Exercise rights and powers of a parent (Art. 220, Family Code)
Provide care, education, support
Manage property prudently
File annual reports/accounts
Personal civil and criminal liability for negligence or abuse
May be removed and held liable for damages

Termination of Guardianship

Automatic upon:

Minor reaching 18 years
Death of ward or guardian
Restoration of capacity of incompetent
Adoption of the child
Resumption of parental authority

By court order upon petition when no longer necessary.

Important Supreme Court Rulings (Selected)

Ocampo v. Ocampo (G.R. No. 214699, April 2, 2018) – Preference is given to blood relatives
Madridejo v. Madridejo (G.R. No. 227119, March 20, 2019) – SPA does not replace guardianship
Republic v. Gallo (G.R. No. 207074, January 17, 2018) – Best interest of the child is paramount
In Re: Petition for Guardianship of Zandro A. Descallar (A.M. No. P-15-3345) – Guardians must file annual accounts even for modest property

Final Notes

Court-appointed guardianship is the strongest, most permanent, and most universally accepted proof of legal authority over a minor or incompetent in the Philippines. While the process is lengthy and moderately expensive, it provides complete peace of mind for grandparents, aunts, uncles, or other relatives who have been raising the child for years.

Engage a family law practitioner early. Many courts now allow e-filing and virtual hearings, which has shortened processing time in Metro Manila and highly urbanized areas since 2023.

This constitutes the complete, current state of Philippine law and practice on obtaining court-approved guardianship documents as of December 2025.