Case Digest (G.R. No. L-8596)
Facts:
Juan M. Gacad, Jr. v. Hon. Rogelio P. Corpuz, G.R. No. 216107, August 03, 2022, First Division, Hernando, J., writing for the Court.
Petitioner Juan M. Gacad, Jr. filed a Petition for the Probate of the Last Will and Testament of the late Ermelinda Gacad with the Regional Trial Court (RTC) of Bayombong, Nueva Vizcaya, which was raffled to Branch 27. The petition alleged that the decedent died on May 30, 2013 in Quezon City, while her death certificate listed Marikina Heights, Marikina City as her residence at the time of death; the petition also asserted that the decedent owned property in Nueva Vizcaya.
On July 1, 2014, the RTC (Branch 27) issued an order directing petitioner to show cause why the petition should not be dismissed for violation of the rule on venue, invoking Section 1, Rule 73 of the Rules of Court in conjunction with Section 4, Rule 4 of the 1997 Rules of Civil Procedure. Petitioner filed a Comment arguing, inter alia, that the trial court could not motu proprio dismiss the probate petition for improper venue, that venue may be waived if not timely raised by a party, and that the decedent’s property was located in Nueva Vizcaya.
On September 23, 2014, the trial court issued the assailed order dismissing the petition for probate for "utter violation of the rule on venue" under Section 1, Rule 73 and Section 4(a), Rule 4. Petitioner then filed a Petition for Certiorari under Rule 65 before the Supreme Court, contending that the dismissal was a motu proprio act of grave abuse of discretion tantamount to lack or excess of jurisdiction, and that requiring a motion for reconsideration would have been futile because the trial court already treated his Comment as such.
The respondent, presiding judge Hon. Rogelio P. Corpuz, defended the dismissal as proper under Rule 73, Sec. 1, asserting that the residence of the decedent at death fixed venue and that the court afforded peti...(Subscriber-Only)
Issues:
- Was the Petition properly dismissed for petitioner’s failure to file a motion for reconsideration of the RTC’s September 23, 2014 Order?
- Did petitioner violate the doctrine on hierarchy of courts by filing the Rule 65 petition directly with the Supreme Court instead of the Court of Appeals?
- Did the respondent judge commit grave abuse of discretion in motu proprio dismissing the petition for proba...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)