Guardianship and Foster Care (Demo)

When parents cannot care for their child, the law provides two main options: guardianship and foster care. These differ in purpose, who supervises them, and their permanence. 

Both guardianship and foster care serve the best interests of the child, but they operate under different systems. Guardianship is judicial and usually for relatives, while foster care is administrative, temporary, and adoption-oriented. Families should carefully consider which option best ensures stability, safety, and love for the child.

In the case of Santos v. Republic¹, The Supreme Court allowed a relative to be appointed guardian after weighing the child’s best interests and the Rule’s factors (including the guardian’s availability to perform duties). The ruling confirms that de facto caregiving and the child’s welfare can outweigh technical objections when a responsible relative seeks guardianship.

Who’s In Charge Now?

• Family Courts (Republic Act 8369) hear guardianship and custody petitions. File where the child resides.
• National Authority For Child Care (Republic Act 11642) now has exclusive, original jurisdiction over alternative child care (administrative adoption, foster care, kinship care, etc.).
• Courts no longer accept domestic adoption petitions after RA 11642; the Supreme Court issued revised guidelines in 2024 to wind down court cases. (Adoption is relevant because it’s often the permanent step after foster care.)

What the law says

• Parents automatically manage a minor child’s property (legal guardianship) unless a court orders otherwise².
• If parents are dead, absent, incapacitated, or unfit, a guardian may be appointed. The Supreme Court’s Rule on Guardianship of Minors lists who may be appointed and the factors courts consider (character, relationship with the child, availability, lack of conflict of interest)³.
• If the matter becomes a case, file the petition in the Family Court where the child resides⁴. 

What courts look at

• Always the best interests of the child for stability, safety, emotional bonds, and the proposed guardian’s ability to serve.

What the law says

• RA 10165 (Foster Care Act) lets licensed foster parents provide temporary family care. Foster parents exercise substitute parental authority while the placement lasts.
• The IRR of RA 10165 sets qualifications, assessments, and (for foreign nationals) residency requirements before licensing.
• RA 11642 moved overall alternative child care policy/decisions (including foster care) to the NACC, working through regional offices (RACCOs) for licensing/matching.

Foster care is temporary. The plan is usually family reunification. If that’s not possible, NACC may pursue adoption (now an administrative process).

If You Need Guardianship

• Gather proof: birth certificate, proof of your relationship, proof of parents’ death/absence/unfitness (if applicable).
• File a verified petition in the Family Court where the child lives, citing A.M. No. 03-02-05-SC. 
• Hearing & evaluation: the court applies the best-interests test and may require reports before issuing Letters of Guardianship.

Can an OFW or a relative living abroad be appointed guardian?

Yes, it depends on the child’s best interests and the guardian’s availability to perform duties. Courts will look at real caregiving arrangements and safeguards. 

Can foster parents later adopt the child?

Possibly, if the child becomes legally free for adoption and NACC approves the match under RA 11642. (There are specific conditions for adoption of a foster child.)⁵ 

1. Santos v. Republic, G.R. No. 268643, June 10, 2024. ↩︎
2. Family Code of the Philippines, Executive Order No. 209 (1987), Art. 225. ↩︎
3. A.M. No. 03-02-05-SC, Rule on Guardianship of Minors (2003). ↩︎
4. Family Code of the Philippines, Executive Order No. 209 (1987), Art. 223. ↩︎
5. Republic Act No. 11642, Domestic Administrative Adoption and Alternative Child Care Act of 2022. ↩︎

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