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EDUARDO T. ABAD v. LEONARDO BIASON

FACTS:

The case involves a petition for guardianship filed by Eduardo Abad over the person and properties of Maura B. Abad. Abad alleged that he is Maura's nephew and that Maura is in need of a guardian due to her advanced age and health condition. Abad presented his evidence ex parte after no opposition was entered during the hearing.

However, Atty. Gabriel Magno filed a motion to intervene and Leonardo Biason filed a motion to oppose the petition, claiming that he is also a nephew of Maura and that he was not notified of the petition. Biason argued that he should be appointed as Maura's guardian since he was previously given a power of attorney to manage her properties.

The RTC denied Abad's petition and appointed Biason as Maura's guardian, finding that Abad was disqualified. Abad filed a motion for reconsideration, which was denied. Abad then appealed to the Court of Appeals (CA), arguing that the RTC erred in disqualifying him and not conducting a hearing to determine Biason's qualifications.

The CA affirmed the decision of the RTC.

ISSUES:

  1. Whether petitioner Eduardo Abad is disqualified from being appointed as guardian of Maura B. Abad

  2. Whether Leonardo Biason is in a better position to be the guardian of Maura B. Abad

  3. Whether there was a hearing conducted to determine the qualifications of Biason prior to his appointment

  4. Whether the RTC overlooked Maura's express objection to Biason's appointment

RULING:

  1. Yes, petitioner Eduardo Abad is disqualified from being appointed as guardian of Maura B. Abad.

  2. Yes, Leonardo Biason is in a better position to be the guardian of Maura B. Abad.

  3. No, there was no hearing conducted to determine the qualifications of Biason prior to his appointment.

  4. Yes, the RTC overlooked Maura's express objection to Biason's appointment.

PRINCIPLES:

  • The residence of the guardian is a valid ground for disqualification from being appointed as guardian.

  • The court has the discretion to appoint the person deemed to be in a better position to be the guardian of the ward.

  • It is important to conduct a hearing to determine the qualifications of a potential guardian before their appointment.

  • The court should take into consideration the express objections of the ward in appointing a guardian.