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In Re Estate of The Deceased Ines Basa de Mercado

This case concerns the probate of the last will and testament of Ines Basa. The appellants claimed the court lacked jurisdiction because the notice of hearing was not published for the full three weeks required by law. The court held that the language of the law does not require three full weeks of notice, only that the first notice be published at least 21 days before the hearing. The court also found the newspaper used, Ing Katipunan, was a newspaper of general circulation in Pampanga as required. The trial court's order was affirmed.

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147 views1 page

In Re Estate of The Deceased Ines Basa de Mercado

This case concerns the probate of the last will and testament of Ines Basa. The appellants claimed the court lacked jurisdiction because the notice of hearing was not published for the full three weeks required by law. The court held that the language of the law does not require three full weeks of notice, only that the first notice be published at least 21 days before the hearing. The court also found the newspaper used, Ing Katipunan, was a newspaper of general circulation in Pampanga as required. The trial court's order was affirmed.

Uploaded by

Keeno Guevarra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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[CASE TITLE] In Re Estate of the deceased Ines Basa de Mercado

[CASE #] G.R. No. L-4266


[DATE] July 26, 1935
[PONENTE] Goddard, J.
[NATURE] Appeal
Doctrine:
In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure does
not mean that the notice, referred to therein, should be published for three full weeks before the date set for
the hearing on the will. In other words the first publication of the notice need not be made twenty-one days
before the day appointed for the hearing.
Facts:
Honorable Hermogenes Reyes, Judge of the Court of First Instance of Pampanga, allowed and probated the
last will and testament of Ines Basa, deceased. On January 30, 1932, the same judge approved the account of
the administrator of the estate, declared him the only heir of the deceased under the will and closed the
administration proceedings.
On April 11, 1934, the herein petitioners-appellants filed a motion in which they prayed that said proceedings
be reopened and alleged that the court lacked jurisdiction to act in the matter because there was a failure to
comply with requirements as to the publication of the notice of hearing prescribed in the following section of
the Code of Civil Procedure. Appellants claim that the provisions of section 630 of the Code of Civil
Procedure have not been complied with in view of the fact that although the trial judge, on May 29, 1931,
ordered the publication of the required notice for "three weeks successively" previous to the time appointed
for the hearing on the will, the first publication was on June 6, 1931, the third on June 20, 1931, and the
hearing took place on the 27th of that month, only twenty-one days after the date of the first publication
instead of three full weeks before the day set for the hearing. The appellants also contend that the trial court
erred in ruling that the weekly newspaper, Ing Katipunan, in which the notice of hearing was published, was a
newspaper of general circulation in the Province of Pampanga.
Issue:
(1) Whether the 21 days requirement for publication be followed pursuant to the sec. 630 of Code of
Civil Procedure?
(2) Whether the said Ing Katipunan newspaper considered a newspaper of general circulation?
Held: The assignments of error of the appellants are overruled and the appealed order of the trial court is
affirmed with costs in this instance against the appellants.
Ratio:
(1) In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure
does not mean that the notice, referred to therein, should be published for three full weeks before the
date set for the hearing on the will. In other words the first publication of the notice need not be made
twenty-one days before the day appointed for the hearing.
(2) The record shows that Ing Katipunan is a newspaper of general circulation in view of the fact that it is
published for the dissemination of local news and general information; that it has a bona fide subscription
list of paying subscribers; that it is published at regular intervals and that the trial court ordered the
publication to be made inIng Katipunan precisely because it was a "newspaper of general circulation in the
Province of Pampanga." The law does not require that publication of the notice, referred to in the Code
of Civil Procedure, should be made in the newspaper with the largest numbers is necessary to constitute a
newspaper of general circulation.

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