(c) Minor or Incompetent Persons

Ward

The person under guardianship whom the law regards as incapable of managing his own affairs.

Annexes to the petition:

• Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;
• Affidavit of consent of persons required under Sec. 9 of R.A. 8552;
• Case study report on the adoptee, his biological parent(s), as well as the adopter(s);
• Decree of annulment, nullity or legal separation of the adopter as well as that of the biological parents of the adoptee, if any [Sec. 11]

Prodigality

In order to render a person legally unfit to administer his own affairs, his acts of prodigality must show a morbid mind and a disposition to spend or waste the estate so as to expose his family to want or to deprive his forced heirs of their inheritances. (Martinez v. Martinez, G.R. No. 445, 1902)

Instances When Adoption May be Rescinded

Upon petition of the adoptee, with the assistance of the DSWD, as guardian or counsel, if a minor or if over 18 years of age but is incapacitated.

Restoration of parental authority or legal custody if adoptee a minor or is incapacitated

If the petition is granted, the parental authority of the adoptee’s biological parent(s), if known, or the legal custody of the DSWD, shall be restored if the adoptee is still a minor or incapacitated.

Minors or Incompetents as Parties

A suit may be brought by OR against a minor or incompetent but with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem. (Rule 3, Sec. 5)

Youthful Offenders

In case of youthful offenders, instead of pronouncing a final judgment of conviction, the court should automatically suspend the sentence and commit the minor to the DSWD or other institution until he reaches the age of majority (Sec. 38, Juvenile Justice and Welfare Act).

The Bond shall be conditioned:

• To make and return, within three (3) months, the estate’s inventory of the estate of his ward which shall come to his possession or knowledge;
• To faithfully execute the duties of his trust, to manage and dispose of the estate according to ward’s best interests, and to provide for the ward’s proper care/custody/education;
• To render a true and just account of the estate in his hands and all proceeds/interest derived therefrom;
• At the expiration of his trust, to settle his accounts with the court and deliver the remaining estate to the person lawfully entitled thereto;
• To perform all court orders. (R94, S1)

In case of breach of the bond’s conditions, the bond may be prosecuted in the same proceeding or in a separate action, for the use and benefit of the ward or of any person legally interested in the estate. (R94, S 3)

Who are minors.

• Persons who are below 18 years of age; or
• Those over 18 years of age but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination, because of a physician or mental disability or condition (Sec. 1).

Case Study Report

Upon the filing of the verified answer of the expiration of the period to file it, the court may order a social worker to make a case study of the minor and the parties and to submit a report and recommendation to the court at least three (3) days before the scheduled pre-trial. (Sec. 8, A.M. NO. 03- 04-04-SC)

Provisional order awarding custody

After and answer has been filed or the expiration of the period to file it, the court may issue a provisional order awarding the custody of the minor.

Time and Notice of Hearing

Notice must be given to persons named in the petition including the minor if over 14 years old. This is a jurisdictional requirement. (Sec. 8)

Minors and Incompetents

Defendant is either a minor, insane, or incompetent

Hold Departure Order

The minor child subject of the petition shall not be brought out of the country without prior order from the court while the petition is pending. The court motu proprio OR upon application under oath may issue ex parte a hold departure order addressed to the Bureau of Immigration and Deportation of the Department of Justice a copy of the hold departure order within 24 hours from its issuance and through the fastest available means of transmittal (Sec 16, A.M. NO. 03-04-04-SC)

Service shall be made upon him

• Personally; and
• On his legal guardian if he/she has one, OR if none, upon his/her guardian ad litem whose appointment shall be applied for by the plaintiff.

In the case of a MINOR, service may also be made on his father or mother.