De Arranz vs. Galing, G.R. No. 77047, 28 May 1988

De Arranz vs. Galing, 

G.R. No. 77047, 28 May 1988


FACTS The case involves a petition for review on certiorari regarding the probate proceedings of the last will and testament of Montserrat R-Infante. The petitioners, who were named legatees and devisees, claimed they were not given the required personal notice of the probate proceedings, which they argued constituted a reversible error. Whether the failure to provide personal notice to known heirs, legatees, and devisees was a jurisdictional requirement in the probate of a will.


RULING Yes, the requirement for personal notice is indeed mandatory under the rules.


Here, the Court emphasized that the probate court had knowledge of the petitioners' residences, as their names and addresses were included in the petition for probate. Hence absence of personal notice, despite the known addresses, was deemed a grave abuse of discretion. The Court annulled the decision of the Court of Appeals and remanded the case to the Regional Trial Court for further proceedings.








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