Case Digest (G.R. No. L-15814)
Facts:
In the Matter of the Estate of Candelaria Benguan, Deceased, G. R. No. L-15814, February 28, 1962, the Supreme Court En Banc, Padilla, J., writing for the Court. Petitioner-appellant Susana Abay de Arroyo filed a petition for the probate of the will of her first-degree cousin, Candelaria Benguan, in the Court of First Instance of Negros Occidental (Special Proceedings No. 3883) on January 5, 1956.On May 28, 1956 the trial court ordered publication of the petition in Civismo and set the hearing for June 23, 1956. At that hearing counsel for several heirs (the opponents-appellees) moved for postponement to allow time to file written objections; the hearing was reset to June 30. On June 28 the opponents filed a motion to dismiss on the ground that a prior petition for probate of the same will (Special Proceedings No. 3628) had already been dismissed by the same Court and therefore barred the present petition. On July 14, 1956 the Court of First Instance dismissed the petition in No. 3883; a motion for reconsideration filed July 31 was denied and the petitioner appealed.
The prior proceeding, Special Proceedings No. 3628, had been filed on September 27, 1955 by Felix Abay, brother of Susana. At the hearing on November 5, 1955 Felix and his counsel failed to appear despite due notice and the trial court dismissed the petition (the dismissal did not recite that it was without prejudice). Two motions for reconsideration (filed...(Subscriber-Only)
Issues:
- Does the dismissal of Special Proceedings No. 3628 operate as a bar or res judicata against the later petition for probate in Special Proceedings No. 3883?
- Can the failure of one petitioner (and his counsel) to appear at a probate hearing be imputed to other persons interested in the probate of the same will so as to prevent them from pr...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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