When and how guardian for non-resident appointed. Thereupon the courts shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall be appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified. At the hearing of the petition the alleged in competent must be present if able to attend, and it must be shown that the required notice has been given. Any interested person may, by filing a written opposition, contest the petition on the ground of majority of the alleged minor, competency of the alleged incompetent, or the insuitability of the person for whom letters are prayed, and may pray that the petition be dismissed, or that letters of guardianship issue to himself, or to any suitable person named in the opposition. When a petition for the appointment of a general guardian is filed, the court shall fix a time and place for hearing the same, and shall cause reasonable notice thereof to be given to the persons mentioned in the petition residing in the province, including the minor if above 14 years of age or the incompetent himself, and may direct other general or special notice thereof to be given. The petition shall be verified but no defect in the petition or verification shall render void the issuance of letters of guardianship. (e) The name of the person for whom letters of guardianship. (d) The probable value and character of his estate (c) The names, ages, and residence of the relatives of the minor or incompetent, and of the person having him in their care (b) The minority or incompetency rendering the appointment necessary or convenient A petition for the appointment of a general guardian must show, so far as known to the petitioner: An officer of the Federal Administration of the United States in the Philippines may also file a petition in favor of a ward thereof, and the Director of Health, in favor of an insane person who should be hospitalized, or in favor of an isolated leper. Any relative, friend, or other person on behalf of a resident minor or incompetent who has no parent or lawful guardian, or the minor himself if fourteen years of age or over, may petition the court having jurisdiction for the appointment of a general guardian for the person or estate, or both, of such minor or incompetent. Who may petition for appointment of guardian for resident. The court taking cognizance of a guardianship proceeding, may transfer the same to the court of another province or municipality wherein the ward has acquired real property, if he has transferred thereto his bona-fide residence, and the latter court shall have full jurisdiction to continue the proceedings, without requiring payment of additional court fees. Meaning of word "incompetent." - Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation. In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations Court. Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province, or in the justice of the peace court of the municipality, or in the municipal court chartered city where the minor or incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance of the province wherein his property or the party thereof is situated provided, however, that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the peace or municipal court, the proceedings shall be instituted in the Court of First Instance. However, it is also important to note that grounds for petition for guardianship must also be taken into consideration. Custody is not only awarded to parents because in the event that the parent is deemed unfit, petition for guardianship can be filed.
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