G.R. No. L-42226 July 26, 1935
In re estate of the deceased Ines Basa de Mercado
FACTS
1. CFI Judge Reyes allowed and probated the last will and testament of Ines Basa and declared the administrator as the sole heir under the will and then closed the administration proceedings.
2. Herein petitioners contested the declaration since the first publication was made on 06 June 1931, the third on 20 June 1931, and the hearing took place on 27 June, only twenty-one days after the date of the first publication instead of three full weeks before the day set for the hearing.
ISSUE/s
1. Whether or not petition to reopen the proceedings be granted due to RTC's failure to publish the notice within 21 days before the set hearing.
2. Whether or not the ruling was made valid through publication in a newspaper of general circulation in Pampanga.
RULING
1. No. The petition to reopen the proceedings should not be granted. In a case ruled by the Supreme Court of Vermont where the Code was based, a notice was issued on December 4, 11, and 18. And the hearing was set on December 19, only 15 days after the publication. The term 'three weeks successively' as used in Sec. 630 doesn't necessarily mean that said notice should be published at least 21 days before the day of the hearing. In the present case, the required publication of three full weeks prior to the first day of the hearing was met. Thus, the petition to reopen is dismissed.
2. YES, the ruling was valid. According to Sec. 630 of the Code of Civil Procedure of Vermont, when a will is delivered to a court having jurisdiction, the same shall make a public notice to be given by publication in such newspaper or newspapers as the court directs of general circulation in the province. Ing Katipunan, regardless of the number of its subscribers, is a newspaper of general circulation due to the following: 2.1. It's used for the dissemination of local news and general information within Pampanga; 2.2 It has a list of bona fide subscribers; 2.3. It is published at regular intervals. Therefore, since the will was published through a newspaper of general circulation in Pampanga, the ruling was valid.
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