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    Basa v. Mercado Digest

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    Andrea Peñas-Reyes
    The Supreme Court affirmed the lower court's order allowing the probate of Ines Basa's will and closing the estate administration. The appellants claimed the lower court lacked jurisdiction because the notice of the will hearing was not published for the full three weeks required by law. However, the Supreme Court found that based on precedent from the Vermont Supreme Court, the notice publication schedule of three days apart over 15 days was sufficient to meet the "three weeks successively" standard in the Code of Civil Procedure. The Court also upheld the lower court's finding that the newspaper used for the notice, Ing Katipunan, was a newspaper of general circulation in Pampanga province.

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    Basa v. Mercado Digest

    Uploaded by

    Andrea Peñas-Reyes
    142 views3 pages
    The Supreme Court affirmed the lower court's order allowing the probate of Ines Basa's will and closing the estate administration. The appellants claimed the lower court lacked jurisdiction because the notice of the will hearing was not published for the full three weeks required by law. However, the Supreme Court found that based on precedent from the Vermont Supreme Court, the notice publication schedule of three days apart over 15 days was sufficient to meet the "three weeks successively" standard in the Code of Civil Procedure. The Court also upheld the lower court's finding that the newspaper used for the notice, Ing Katipunan, was a newspaper of general circulation in Pampanga province.

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    Basa vs. Mercado Digest- Persons and Family Relations

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    The Supreme Court affirmed the lower court's order allowing the probate of Ines Basa's will and closing the estate administration. The appellants claimed the lower court lacked jurisdiction because the notice of the will hearing was not published for the full three weeks required by law. However, the Supreme Court found that based on precedent from the Vermont Supreme Court, the notice publication schedule of three days apart over 15 days was sufficient to meet the "three weeks successively" standard in the Code of Civil Procedure. The Court also upheld the lower court's finding that the newspaper used for the notice, Ing Katipunan, was a newspaper of general circulation in Pampanga province.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    142 views3 pages

    Basa v. Mercado Digest

    Uploaded by

    Andrea Peñas-Reyes
    The Supreme Court affirmed the lower court's order allowing the probate of Ines Basa's will and closing the estate administration. The appellants claimed the lower court lacked jurisdiction because the notice of the will hearing was not published for the full three weeks required by law. However, the Supreme Court found that based on precedent from the Vermont Supreme Court, the notice publication schedule of three days apart over 15 days was sufficient to meet the "three weeks successively" standard in the Code of Civil Procedure. The Court also upheld the lower court's finding that the newspaper used for the notice, Ing Katipunan, was a newspaper of general circulation in Pampanga province.

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    EN BANC

    G.R. No. L-42226

    July 26, 1935

    In re estate of the deceased Ines Basa de Mercado.


    JOAQUINA BASA, ET AL., petitioners-appellants,
    vs.
    ATILANO G. MERCADO, respondent-appellee.
    Briones and Martinez for appellants.
    Jose Gutierrez David for appellee.
    GODDARD, J.:
    By virtue of an order dated June 27, 1931, the 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:
    SEC. 630. Court to appoint hearing on will. When a will is delivered to a court having
    jurisdiction of the same, the court shall appoint a time and place when all concerned may
    appear to contest the allowance of the will, and shall cause public notice thereof to be
    given by publication in such newspaper or newspapers as the court directs of general
    circulation in the province, three weeks successively, previous to the time appointed, and
    no will shall be allowed until such notice has been given. At the hearing all testimony
    shall be taken under oath, reduced to writing and signed by the witnesses.
    In this motion the 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.
    Section 630 of our Code of Civil Procedure is taken from the Code of Civil Procedure of the
    State of Vermont. The Supreme Court of that State, commenting on the phrase "three weeks
    successively", held:

    The date of examining and allowing P.A. Barlett's final account of administration, and for
    decreeing the residue of the estate to the lawful claimants of the same, was set by the
    probate court for December 19, 1919, at the probate office in Brighton, and an order was
    made to this effect on November 28, 1919. The order provided also that notice should be
    given by publication for three weeks successively in the Essex County Herald. In
    accordance with this order, the notice was published in the issues for December 4, 11
    and 18, respectively. This was "public notice" to all persons interested of the time and
    place of examining and allowing said account and making decree of distribution, and
    was sufficient under the provisions of G.L. 3276. (Lenehen vs. Spaulding, 57 Vt., 115.)
    "The proceeding was according to law in all respects, and being in the nature of a
    proceeding in rem, it binds everybody by its legal effect." (Burbeck vs. Little, 50 Vt., 713.)
    At the time and place set for the hearing none of the petitioners or other legatees under
    the will of Nickerson Warner appeared. Thereupon the judge of probate then and there
    continued the hearing until April 6, 1920, at which time the final account of P.A .Barlett as
    administrator de bonis non with will annexed was filed and, no one appearing to object,
    the same was allowed, and the decree of distribution was entered. (In reWarner's Estate
    [Supreme Court of Vermont] 1925; 127 Atl. Rep., 362, 364; 98 Vt., 254, 261.)
    It will be noted that in the above cited case the last of the three publications was on December
    18, 1919, and the hearing on the administrators's final account was set for December 19 of that
    year, only fifteen days after the date of the first publication.
    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.
    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.
    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."
    Furthermore no attempt has been made to prove that it was a newspaper devoted to the
    interests or published for the entertainment of a particular class, profession, trade, calling, race
    or religious denomination. The fact that there is another paper published in Pampanga that has
    a few more subscribers (72 to be exact) and that certain Manila dailies also have a larger
    circulation in that province is unimportant. 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.

    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.
    Malcolm, Villa-Real, Imperial, and Butte, JJ., concur.

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