Case Digest (G.R. No. L-18220)
Facts:
In the Matter of the Testate Estate of Robert McCulloch Dick Deceased, G.R. No. L-18220. April 30, 1963, the Supreme Court En Banc, Concepcion, J., writing for the Court. Petitioner Francis Theobald Rogers filed on October 20, 1960 a petition in the Court of First Instance of Rizal (docketed Special Proceedings No. 3433) for probate of an instrument alleged to be the last will and testament of Robert McCulloch Dick, who allegedly died on February 14, 1960 in Quezon City. The petition averred that the decedent was a British subject domiciled in the Philippines and a resident of Tinejeros, Malabon, Rizal.On or about December 2, 1960, respondent Helen C. Dick, named in the will as an heir, legatee or devisee, filed a "Manifestation and Motion" requesting that petitioner’s petition be corrected to state that the decedent was a British subject of Scottish nationality and/or citizenship. Petitioner opposed that motion. The trial judge, respondent Hon. Andres Reyes, Branch VI, granted Helen Dick’s motion by order dated January 4, 1961, and denied petitioner’s motion for reconsideration by order dated February 9, 1961.
Petitioner then instituted the present original action for certiorari in the Supreme Court, alleging that the trial judge had committed grave abuse of discretion in entering the January 4 and February 9, 1961 orders. The trial court orders were challenged under Section 4 of Rule 17 of the Rules of Court (amendment to conform to evidence), which...(Pro-only)
Issues:
- Did the trial judge commit grave abuse of discretion in granting respondent Helen C. Dick’s motion to correct petitioner’s probate petition to state that the decedent was of Scottish nationality/citizenship?
- Does Section 4, Rule 17 of the Rules of Court permit one party to amend an opponent’s pleading (i.e., may "any party" compel amendment o...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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