Guardianship of minor may be delegated to qualified person
"I would like to ask: Who would be the rightful person to be the guardian of a child whose parents are already dead?
It is stated under the Family Code that the father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary (Article 211, Family Code). In case of absence or death of either parent, the parent present shall continue exercising parental authority (Article 212, Family Code). In case of separation of the parents, parental authority shall be exercised by the parent designated by the court. The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. No child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise (Article 213, Family Code).In default of the parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparents (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified and (3) The child’s actual custodian, over twenty-years of age, unless unfit or disqualified (Article 216, Family Code). The guardianship of a minor may also be delegated to a qualified person in case of death, continued absence or incapacity of his parents or suspension, deprivation or termination of parental authority. Likewise, the remarriage of his surviving parent, when the latter is found unsuitable to exercise parental authority or when the best interests of the minor so require is justifiable ground for a guardian to be delegated to a minor (Section 4, A.M. No. 03-02-05-SC, RE: Proposed Rule on Guardianship of Minors).
In appointing a guardian, the court shall consider the guardian’s: moral character physical, mental and psychological condition, financial status relationship of trust with the minor availability to exercise the powers and duties of a guardian for the full period of guardianship lack of conflict of interest with the minor and ability to manage the property of the minor (Section 5, A.M. No. 03-02-05-SC, RE: Proposed Rule on Guardianship of Minors).Any relative, or other person on behalf of or the minor, or the minor himself if fourteen years of age or over, may petition the Family Court for the appointment of a general guardian over the person or property, or both, of such minor. The petition may be filed by the Secretary of Social Welfare and Development and by the Secretary of Health in case of an insane minor who needs to be hospitalized. The petition shall be filed in the Family Court of the province or city where the minor resides. If he resides in a foreign country, the petition shall be filed with the Family Court of the province or city where his property or any part thereof is situated (Section 2 and Section 3 A.M. No. 03-02-05-SC, RE: Proposed Rule on Guardianship of Minors).
Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are stated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Guardianship of minor may be delegated to qualified person"
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