Guardianship in the Philippines is a judicially created legal relationship that grants a competent person or entity the authority to care for and manage the affairs of a minor or an incompetent individual when parents or natural guardians are unable or unsuitable to do so. The resulting court order and Letters of Guardianship are the only documents recognized by Philippine government agencies, schools, hospitals, banks, airlines, immigration authorities, and foreign embassies as valid proof of legal authority over a child or incapacitated adult.

Governing Laws and Rules

Family Code of the Philippines (Executive Order No. 209, as amended) – Articles 216–233
Revised Rules of Court – Rules 92 to 97 (Guardianship of Incompetents and Minors under the old rules)
Rule on Guardianship of Minors (A.M. No. 03-02-05-SC, effective 1 May 2003) – simplified and expedited procedure exclusively for minors
Child and Youth Welfare Code (Presidential Decree No. 603) – supplementary provisions
Domestic Adoption Act of 1998 (Republic Act No. 8552, as amended by RA 11642) – guardianship distinguished from adoption
Rule on Commitment of Children (A.M. No. 02-1-19-SC) and Rule on Examination of a Child Witness – related protective proceedings
Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) and its IRR

Types of Guardianship Recognized

Type	Scope	Duration	Typical Use Case
General Guardian	Person + Property	Until majority, recovery, or court order	OFW parents, orphaned minors, incapacitated adults
Guardian of the Person	Custody, education, medical consent	Same as above	School enrollment, medical decisions, travel
Guardian of the Property	Management of assets only	Same as above	Minors with inheritance, real property, investments
Special Guardian	Limited to specific act/transaction	Until act is completed	Sale of minor’s property, litigation representation
Guardian ad Litem	For a particular lawsuit only	Until case termination	Court-appointed in custody or damage suits

Who Needs Court-Appointed Guardianship

Minors (below 18 years old):

Both parents are deceased
Both parents are abroad/long-term incapacitated/absent
Parental authority has been legally suspended or terminated
Parents are unfit (abuse, abandonment, immorality, negligence)
Minor owns property requiring administration and parents have conflict of interest
Minor needs to travel abroad unaccompanied by parents (required by many foreign embassies)
Enrollment in school when parents cannot sign documents

Incompetent Adults:

Persons of unsound mind (clinically diagnosed mental illness, dementia, intellectual disability)
Deaf-mutes who cannot read and write
Prodigals (judicially declared habitual spendthrifts)
Persons under civil interdiction
Hospitalized Hansen’s disease (leprosy) patients (rarely used now)

Venue and Jurisdiction

Regional Trial Court (preferably designated Family Court) of the province/city where the minor or incompetent actually resides
If non-resident but has property in the Philippines → RTC where the property or any part is situated
Exclusive original jurisdiction – cannot be filed with MTC or MeTC

Who May File the Petition

Any relative or friend showing sufficient interest
The minor himself/herself if 14 years or older
DSWD social worker or representative
Any interested person (e.g., school principal, hospital administrator, bank manager)
Public prosecutor in certain cases involving incompetents

Step-by-Step Procedure (Rule on Guardianship of Minors – most commonly used)

Preparation of Verified Petition
Use the Supreme Court-approved form (Annex A of A.M. No. 03-02-05-SC) when applicable.
Mandatory allegations:
- Jurisdictional facts (residence)
- Name, age, residence of prospective ward
- Names and addresses of living relatives within 4th civil degree
- Fact of minority or incompetence and its cause
- Value and character of ward’s property (if any)
- Name of proposed guardian and justification why he/she should be appointed
Filing and Payment of Docket Fees
Filing fee: approximately ₱5,000–₱25,000 depending on assessed value of property (2025 rates).
Additional legal research fee, mediation fee, sheriff’s fee.
Court Issuance of Order Setting Hearing
Hearing date usually within 30–60 days from filing.
Service of Notice and Publication
- Personal service to parents, current custodian, and relatives within 4th degree
- Publication once a week for three consecutive weeks in a newspaper of general circulation in the province
- Posting in barangay hall and municipal hall (if ordered)
Opposition Period (15 days from publication/last service)
Any interested person may oppose in writing.
Hearing
- Summary in nature (expedited)
- Minor over 14 must be interviewed by the judge in chambers
- Court may order social case study report by DSWD
- Petitioner presents evidence (birth certificate, death certificates, medical certificates, affidavits)
Decision and Appointment
Court appoints the most suitable guardian following preferential order:
(1) surviving parent (unless unfit), (2) older brother/sister, (3) grandparents, (4) actual custodian, (5) other suitable relative, (6) any competent person
Qualification of Guardian
- Oath of office
- Posting of bond (if ward has property)
  Bond amount: usually 100–200% of the liquid assets + one year’s income from real property
Issuance of Letters of Guardianship
This is the crucial document. It is signed by the judge and sealed by the clerk of court.
Certified true copies are issued upon payment (₱50–₱100 per page).

Required Documents (Typical Checklist)

Verified Petition with Annexes
NSO/PSA Birth Certificate of minor (original + photocopies)
Death certificate(s) of parent(s) or proof of absence/incapacity
Medical/psychiatric certificate (for incompetents)
Affidavit of two disinterested persons attesting to petitioner’s good moral character
NBI/Police/Barangay clearance of proposed guardian
Proof of property ownership (TCT, bank certificates, stock certificates)
Inventory and appraisal of properties (if applicable)
Proposed Guardian’s Bond (surety or cash)
Proof of publication
Special Power of Attorney if petitioner is abroad (consularized)

Duration of the Process

Best case (no opposition, complete documents): 3–6 months
With opposition or incomplete documents: 8–18 months
Incompetent adult cases (under Rules 92–97): usually longer (1–3 years) because not covered by the expedited minor’s rule

Duties and Liabilities of the Guardian

File inventory within 3 months
Submit annual accounting every January
Obtain court approval before selling, mortgaging, or leasing ward’s property
Use ward’s money only for ward’s benefit
Criminal liability for estafa through falsification of accounts or abuse
Civil liability for negligence or mismanagement

Termination of Guardianship

Automatic upon:

Minor reaching 18 years
Death of ward or guardian
Recovery of incompetent
Adoption of the minor
Resignation accepted by court
Removal for cause (abuse, neglect, insolvency, conflict of interest)

Important Notes and Practical Tips (2025)

A notarized Affidavit of Guardianship or Special Power of Attorney executed by parents is NOT a substitute for court-appointed guardianship when required by schools, hospitals, banks, or foreign embassies.
Many foreign embassies (USA, Canada, Australia, UK, Schengen countries) explicitly require court-appointed guardianship + DSWD Travel Clearance for minors traveling with non-parents.
For OFWs, the most common reason for filing is school enrollment and medical consent when both parents are abroad.
The bond requirement can be waived or reduced by the court upon strong justification (e.g., guardian is the only living grandparent with no property involved).
Guardianship is immediately executory even pending appeal.
The entire record is confidential; only parties and their lawyers may access the expediente.
Recent Supreme Court circulars (2020–2025) allow videoconferencing hearings for petitioners abroad, significantly speeding up cases involving OFW parents.

Court-approved guardianship remains the strongest and most universally accepted legal mechanism in the Philippines for transferring parental authority when parents cannot exercise it. While the process requires time and expense, the resulting Letters of Guardianship provide complete legal protection and are honored by all government agencies and most foreign jurisdictions.