G.R. No. L-15814 - IN RE: De Arroyo vs. Abay

On January 5, 1956, Susana Abay de Arroyo filed a petition for the probate of the last will and testament of her deceased first-degree cousin, Candelaria Benguan, in the Court of First Instance of Negros Occidental (Special Proceedings No. 3883).
Notice of the petition was given by publication once a week for three consecutive weeks in Civismo, a newspaper of general circulation in Negros Occidental, and a hearing was scheduled for June 23, 1956.

At the hearing, attorney Rolando Medalla, representing some of the interested heirs (the opponents), moved to postpone the hearing to allow sufficient time to file a written objection.
The hearing was subsequently postponed to June 30, 1956.
On June 28, 1956, the opponents filed a motion to dismiss the petition on the ground that a previous petition (Special Proceedings No. 3628) for the probate of the same will had been dismissed, thereby allegedly barring the present proceedings.

The petitioner answered the motion to dismiss on July 7, 1956.
On July 14, 1956, the trial court rendered an order dismissing the petition.
The petitioner filed a motion for reconsideration on July 31, 1956, to which the opponents answered on August 3, 1956. The motion for reconsideration was ultimately denied.

The earlier petition was filed on September 27, 1955, by Felix Abay—Susana Abay de Arroyo’s brother—seeking the probate of the same last will and testament.
Despite due notice, Felix Abay and his counsel, Pio B. Japitana, failed to appear at the hearing held on November 5, 1955, leading to the dismissal of the petition, albeit without a statement that it was dismissed with prejudice.
Two subsequent motions for reconsideration (filed on November 15 and November 28, 1955) were both denied, with the latter dismissed for lack of merit.

The central issue is whether the dismissal of the petition in Special Proceedings No. 3628, which resulted from the failure of Felix Abay and his counsel to appear at the hearing, constitutes a bar to the subsequent petition filed by Susana Abay de Arroyo (Special Proceedings No. 3883) for the probate of the same will.

Whether the dismissal of the petition in the earlier Special Proceedings No. 3628, based on the failure to appear, is an adjudication on the merits, thereby barring the filing of a subsequent petition for the probate of the same will.
Whether the rule on dismissal due to nonappearance in a civil action should apply to probate proceedings, especially when different parties (with distinct interests) are involved.
Whether the act or omission of one interested party (Felix Abay) in failing to attend the hearing can legally prejudice another interested party (Susana Abay de Arroyo) in probate proceedings.