Practice question
A judicial guardian proposes mortgaging a minor's land for a claimed beneficial investment. The guardian says appointment alone gives unrestricted power to encumber. Which is correct?
- Every guardian becomes beneficial owner of the land.
- The guardian may ignore all interested persons.
- Investment preference replaces the court's judgment.
- A buyer alone authorizes the transaction.
- The guardian must follow the verified-petition, notice/show-cause and court-authorization procedure under the minor Rule.
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.