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?
- The Rule absolutely forbids every petition by a minor.
- Only a private bank may petition.
- The child must first reach eighteen, defeating any present need.
- Section2 expressly permits the minor himself or herself to petition if fourteen or older, on grounds authorized by law.
- 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).
Answer this question in flashcards to review your response and continue practicing.