DISPOSITIVE:

“WHEREFORE, the petition is GRANTED. The August 16, 20 17 and November 20, 2017 Orders of the Regional Trial Court of Palawan and Puerto Princesa City, Branch 51 in SPL. PROC. No. 2391 are ANNULLED and SET ASIDE. The case is hereby REMANDED to the Regional Trial Court of Palawan and Puerto Princesa City for further proceedings with dispatch.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONERS, COMPULSORY HEIRS,  FAILED TO ATTEND THE HEARING ON A PROBATE OF A WILL. THEY WERE DECLARED IN DEFAULT. SUPREME COURT SAID AN ORDER OF GENERAL DEFAULT DOES NOT APPLY IN PROBATE PROCEEDINGS SINCE THESE ARE NOT CONTENTIOUS LITIGATIONS.

“However, Sec. 3, Rule 9 does not apply in probate proceedings. A careful reading of Sec. 3 reveals that an order of default avails only in litigious proceedings. Thus, it cannot be validly issued in a special proceeding such as the probate of a will. The Court already made this clarification in the early case of Riera v. Palmaroli34 as follows:

Now what is the meaning or “judgment rendered upon default,” as used in section 513? The reference is of course to the default mentioned in section 128 of the Code of Civil Procedure. x x x A default, such as is there intended, can only arise in contentious litigation where a party who has been implcaded as a defendant and served with process fails to appear at the time required in the summons or to answer at the time provided by the rules of the court. The proceeding to probate a will is not a contentious litigation in any sense, because nobody is impleaded or served with process. It is a special proceeding, and although notice of the application is published, nobody is bound to appear and no order for judgment by default, is ever entered. If the application is not opposed, the court may allow the will on the testimony of one of the subscribing witnesses only (sec. 631, Code Civ. Proc.), provided none or the reasons specified in section 634 of the Code or Civil Procedure for disallowing the will are found to exist. If any interested person opposes the probate, the court hears the testimony and allows or disallows the will accordingly. From such judgment any interested person may appeal to the Supreme Court within twenty clays. (Sec. 781, Code Civ. Proc.) Though the action taken by a Court of First Instance in thus allowing or disallowing a will is properly denominated a _judgment, it is not a judgment rendered upon default even though no person appears to oppose the probate. 35 (emphases supplied).

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scd-2021-0004-g.r.-no.-237133-migdonio-racca-and-miam-grace-dianne-racca-vs.-maria-lolita-a.-echagueDownload

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