Philippine Bar review · Question

Practice question: Guardianship (Rules 92–97; See also AM 03-02-05-SC)

Multiple Choice Medium Jurisprudence

Practice question

A fourteen-year-old minor has legally recognized grounds for seeking a guardian. Counsel says the minor can never petition personally because only adults may invoke the Rule. Which is correct?
  1. The Rule absolutely forbids every petition by a minor.
  2. Only a private bank may petition.
  3. The child must first reach eighteen, defeating any present need.
  4. Section2 expressly permits the minor himself or herself to petition if fourteen or older, on grounds authorized by law.
  5. Any minor may obtain any guardian without a legal ground or hearing.

Legal references

  • https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rules88–91 and adult-guardianship Rules92–97, subject to later law and AM03-02-05-SC for minors.
  • https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — Supreme Court primary compilation pp1228–1236, AM03-02-05-SC April1 2003, Rule on Guardianship of Minors.
  • https://lawphil.net/judjuris/juri2024/jun2024/gr_268643_2024.html — Santos v Republic, GR268643, June10 2024, main decision (minor guardianship and best interests).

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