JUSTINA SANTOS Y CANON FAUSTINO AND VICENTE F. FAUSTINO, PETITIONERS, VS. JUDGE NATIVIDAD ALMEDA LOPEZ AND EPHRAIM GOCHANGCO, RESPONDENTS.

On November 11, 1959, petitioner Vicente F. Faustino alleging that his
co-petitioner Justina Santos y Canon Faustino, 93 years old, was afflicted with
several physical infirmities, bed-ridden, completely blind and all alone, was
being exploited by one Wong Heng, who taking advantage of her condition,
subjected her (Justina) under his control and sought to appropriate the use,
enjoyment and ownership of her properties by fraudulent schemes, presented with
the Juvenile and Domestic Relations Court, a petition for the appointment of a
guardian over the person and properties of said Doña Justina.

Pursuant thereto, Judge Natividad Almeda Lopez issued an Order authorizing
Vicente F. Faustino to bring two reputable doctors to examine Doña Justina and
if the examination warranted hospitalization and treatment, to take her to a
hospital. Doctors J. Fernandez and M. Limson found that:

“She is very undernourished so much so that she is lacking very much
vitamins. I recommended her transfer to a hospital. Dr. Limson was also
agreeable to her transfer. She was brought to the Lourdes Hospital, where sho is
now. * * *.

“She is completely blind due to bilateral cataract. It could be operated on,
but she is now 92 years old and she is physically very weak. Her life would be
endangered by an operation.

She cannot take care of her person, because she is too weak, and she is
suffering from many physical diseases.”

She was then ordered to be confined at the Lourdes Hospital.

On December 1, 1951, according to Faustino, Doña Justina expressed her desire
to be brought back to her house. Faustino filed a Motion in Court to that
effect. Before acting on the motion, Judge Almeda Lopez, accompanied by a
hearing officer of the Court, in the afternoon of December 9, 1959, repaired to
the Hospital where she talked to the patient Doña Justina and the attending
physician. At the hearing of the guardianship proceedings on December 11, 1959,
Judge Lopez, resolving the motion of Faustino issued, in open court, an Order
decreeing the continuation of the confinement of Doña Justina at the Lourdes
Hospital.

Under date of December 21, 1959, Judge Lopez promulgated another Order, to
wit:

“NOW, THEREFORE, this Court hereby appoint Ephraim Gochangco of Manila as
special guardian over the person of Doña Justina Santos y Canon Faustino, and
directs him to take her from the said Hospital and bring her to her residence at
660 F. Torres, Manila, after having filed his oath of office.”

The patient Doña Justina signified her refusal to leave the hospital and
expressed her desire to remain there. The Hospital Director submitted a
Memorandum to Judge Lopez with a report of Doña Justina’s doctors, describing
her condition and expressing the opinion that the hospital was the proper place
for her to stay. Faustino presented an alleged affidavit of Doña Justina in
Tagalog, stating her desire to remain in the hospital and that she did not like
Gochangco or anyone else, to be her guardian, except said Faustino. Judge Almeda
Lopez insisted in carrying out her order and Gochangco had made known to
Faustino that he would comply with such order.

Contending that the order and its execution are not only illegal but cruel,
inhuman and criminal, Faustino, on December 24, 1959, brought the matter to this
Court, praying for the annulment of said order and pending such annulment, for
writ of preliminary injunction restraining the respondent Judge from enforcing
the Order and Gochangco from complying with the same. The Writ was issued.

Respondent Judge Almeda Lopez filed a 30 page Answer which was subsequently
adopted by respondent Gochangco. In their Answer, the respondents contended that
it was within the power of the court, in guardianship proceedings, to appoint a
Special or Temporary Guardian; that respondent Gochangco was appointed after
respondent Judge came to know, in the hearings and investigations conducted by
her, the cause of the conflicts and controversies in the guardianship
proceedings over the person and properties of Doña Justina; that there are 57
contending parties, all claiming to be relatives of the ward of Doña Justina;
that having found that Doña Justina has no will of her own, the respondent
decided on the necessity of appointing a neutral person as her guardian; and
that petitioner Faustino had been charged by the other supposed relatives of
personal and selfish motives in asking for his appointment as guardian.

On the same date this petition was filed with this Court, that is December
24. 1959, respondent Judge Almeda Lopez appointed her co-respondent Ephraim
Gochangco as regular guardian over the person of Doña Justina and said
Gochangco qualified and entered into the performance of his duties as such. On
January 7, 1960, petitioner appealed said Order (that appointing Gochangco as
regular guardian) to the Court of Appeals (CA-G. R. No. 27584-R). The latter
certified the same to this Court and it is now case G. R. No. L-17326.

In view hereof, and considering the matter of the appointment of the Special
or temporary Guardian, which is the main object of the present petition, moot or
academic, the same should be, as it is hereby dismissed. Without
costs.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion,
Reyes, J.B.L., Barrera, and Dizon, JJ., concur.