G.R. No. 191993 - Abad vs. Biason

On March 19, 2007, Abad filed Sp. Proc. No. 2007-0050-D before RTC, Dagupan City, Branch 42, seeking guardianship over his aunt Maura B. Abad, aged over 90, sickly and unable to manage her person and properties.
Abad alleged residency in Quezon City, kinship as nephew, and Maura’s vulnerability to deceit and exploitation due to advanced age.
RTC gave due course, scheduled hearing for April 27, 2007, and permitted ex parte presentation of Abad’s evidence in absence of opposition.

Atty. Gabriel A. Magno filed a Motion for Leave to Intervene with Opposition-in-Intervention.
Leonardo Biason, another nephew, on June 14, 2007, moved to file Opposition, alleging prior power of attorney from Maura, non-notification of Abad’s petition, residency in Pangasinan, and prayed for his own appointment as guardian.

RTC Decision dated September 26, 2007: denied Abad’s petition, disqualified him, and appointed Biason guardian; required P500,000 bond and compliance with Rule 94, Sec. 1 duties. Reconsideration denied on December 11, 2007.
Abad appealed to the CA, arguing improper disqualification for residence, lack of hearing on Biason’s qualifications, and Maura’s express choice of Abad as guardian.
CA Decision dated August 28, 2009: affirmed RTC in toto, upheld Biason’s appointment despite residency argument, gave little weight to Maura’s purported choice, and dismissed Abad’s appeal; Motion for Reconsideration denied April 19, 2010.
Abad filed Petition for Review on Certiorari under Rule 45 before the Supreme Court; Maura filed Motion for Leave to Intervene with Petition-in-Intervention.

Abad assigned errors: denial of due process and reliance on residence as sole disqualification, failure to consider statutory guardian qualifications.
Biason died on April 3, 2012; Maura moved to dismiss the petition as moot and terminate guardianship.
On June 20, 2012, SC required Abad’s comment; on August 9, 2012, Abad concurred in dismissal and supported termination.
Supreme Court Resolution dated December 5, 2012: found petition moot and academic due to Biason’s death, terminated the guardian-ward relationship, and dismissed the petition.

Whether the RTC and CA violated due process by failing to hold a hearing on Biason’s qualifications and ignoring Maura’s objections.
Whether Abad was denied opportunity to present evidence to challenge Biason’s suitability.

Whether mere non-residency in the ward’s locality can disqualify a guardian-in-fact.
Whether the courts properly assessed statutory qualifications—good moral character, capacity, and sound judgment.

Whether Biason’s death renders the petition moot and academic.
Whether the petition still presents a justiciable controversy or any practical relief.