Case Digest (G.R. No. 237133)
Facts:
On March 28, 2017, Maria Lolita A. Echague filed a petition before the Regional Trial Court (RTC) of Palawan and Puerto Princesa City, Branch 51, for the allowance of the will of the late Amparo Ferido Racca dated September 9, 2015, and for the issuance of letters testamentary in her favor. Echague alleged that Amparo bequeathed one-fourth of her estate to her grandnephew, Migdon Chris Laurence Ferido, and identified Migdonio Racca (Amparo’s husband) and Miam Grace Dianne Ferido Racca (Amparo’s daughter) as known heirs. Finding the petition sufficient, the RTC set June 21, 2017 for hearing and caused publication of the notice in the Palawan Times for three consecutive weeks (May 6–26, 2017). A copy of the notice was mailed to Migdonio, who only received it on June 19, 2017, while Miam received none. Both petitioners failed to appear at the June 21 hearing and were declared in default. On July 11, 2017, they filed a Motion to Lift Order of General Default, citing excusable negligCase Digest (G.R. No. 237133)
Facts:
- Petition for probate
- On March 28, 2017, respondent filed a petition for the allowance of the will of the late Amparo Ferido Racca and the issuance of letters testamentary in her favor before the RTC of Palawan and Puerto Princesa City, Branch 51.
- The petition named petitioners, Amparo’s husband (Migdonio) and daughter (Miam), as known heirs and alleged that Amparo bequeathed an undivided one-fourth of her estate to her grandnephew.
- Trial court proceedings
- On April 18, 2017, the RTC set the hearing for June 21, 2017 and issued a corresponding notice of hearing.
- Petitioners failed to appear on June 21, 2017 and were declared in default.
- Motions and RTC orders
- On July 11, 2017, petitioners moved to lift the order of general default, citing excusable negligence (late receipt of notice, advanced age, ill health, lack of counsel, questionable testamentary capacity of Amparo).
- On August 16, 2017, the RTC denied the motion, finding substantial compliance with jurisdictional requirements for publication and posting of notices.
- On November 20, 2017, the RTC denied petitioners’ motion for reconsideration.
- Petition for certiorari
- Petitioners filed a petition under Rule 45 before the Supreme Court to annul and set aside the August 16 and November 20, 2017 orders.
- They challenged (a) the sufficiency of publication and posting as notification and (b) their right as compulsory heirs to oppose the probate of the will.
Issues:
- Whether the RTC erred in declaring petitioners in default and denying their motion to lift the order of general default.
- Whether known heirs of the testator, whose residences are known, are entitled to personal notice under Section 4, Rule 76 of the 1997 Rules of Court despite publication and posting of the notice of hearing.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)