b. Divina Gracia vs. Rovira, 72 SCRA 307

b. Divina Gracia vs. Rovira, 

72 SCRA 307


FACTS Feliciano Divinagracia died in Iloilo City on February 1,1964.  He  was  survived  by  his  wife,  Salud  Bretaña,  andtheir  four  daughters  named  Emilia,  Dolores,  Rosario  andJuanita. The case involves a dispute regarding the filiation of a child, Camilo Divinagracia, who sought to establish his claim to a share in the estate of a deceased parent. The probate court had previously closed the intestate proceedings, and Divinagracia filed a motion to reopen the case to present evidence of his filiation.  On June 8, 1971 or after the order closing the intestateproceeding  had  become  final,  Camilo  Divinagracia  filed  amotion to reopen it and to set aside the order of closure. Healleged  that  he  was  an  illegitimate  child  of  the  decedent;that he was born on November 9, 1930, and that he came toknow  of  the  intestate  proceeding  only  when  he  wastransferred  as  a  government  employee  from  Masbate  toIloilo  a  few  days  before  June  8.  He  prayed  for  thedetermination of his share in the decedent’s estate. Whether  an  intestate proceeding,  which  had  already  been  closed,  can  still  be reopened so as to allow a spurious child to present evidence on  his  filiation  and  to  claim  his  share  in  the  decedent’s estate.

 

RULING No because he closure order was already final and executory, and the motion to reopen was not filed within the thirty-day reglementary period from the date the order of closure was served. 


Here, the court hold that  the  probate  court  erred  in  reopening  the intestate proceeding, a proceeding in rem  of  which  Camilo Divinagracia  is  deemed  to  have  had  constructive  notice(Varela  vs.  Villanueva,  95  Phil.  248).  The  order  closing  it was  already  final  and  executory.  The  motion  to  reopen  it was  not  filed  within  the  thirty-day  reglementary  period counted  from  the  date  the  order  of  closure  was  served  on the  administratrix.  The  closure  order  could  not  be disturbed  anymore  (Imperial  vs.  Muñoz,  L-30787,  August29, 1974, 58 SCRA 678|. Compare with Ramos vs. Ortuzar,89 Phil. 730, 741; Jerez vs. Nietes, L-26876, December 27,1969, 30 SCRA 904, 909; Vda. de Lopez vs. Lopez, L-23195,September 28, 1970, 35 SCRA 80, 83, where the motion to reopen  the  intestate  proceeding  was  filed  within  thereglementary period).








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