Question & AnswerQ&A (Republic Act No. 643)
Republic Act No. 643 amends Section Ninety of Republic Act No. 296, also known as the Judiciary Act of 1948, and Section One of Rule Ninety-Three of the Rules of Court in the Philippines.
Justices of the peace and judges of municipal courts of chartered cities have concurrent jurisdiction with the courts of first instance to appoint guardians or guardians ad litem for minors or mentally incapacitated persons within their respective jurisdiction.
Guardians or guardians ad litem can be appointed for persons incapacitated by minor age or mental incapacity.
Guardianship of the person or estate of a minor or incompetent shall be originally cognizable by the Court of First Instance of the province where the minor or incompetent resides.
If the minor or incompetent resides in a foreign country, the Court of First Instance of the province where his property or part of it is situated shall have jurisdiction.
If the value of the property of the minor or incompetent falls within the jurisdictional monetary limit of the justice of the peace or municipal courts, they have concurrent jurisdiction.
They must follow the procedural rules provided in the Rules of Court in the Philippines as far as practicable.
All laws and rules of court inconsistent with the provisions of this Act are repealed.
The Act took effect upon its approval on June 12, 1951.
It defines the proper courts to institute proceedings for guardianship cases and clarifies concurrent jurisdiction based on the value of the property involved.