DE ARANZ v.

GALING (161 SCRA 628)

Facts

Private respondent filed a petition for probate and allowance of the last will and testament of the
late Montserrat Infante y Pola with the RTC of Pasig containing the names and addresses of herein
petitioners as legatees and devisees. The probate court set the petition for hearing on May 5, 1986 at 8:30
AM which was published in the “Nueva Era” a newspaper of general circulation once a week for 3
consecutive weeks. On the date of the hearing, no oppositor appeared so the hearing was reset to May
12, 1986 where respondent, Joaquin R. Infante presented his evidence ex-parte and was then appointed
executor.

On May 14, 1986, petitioners filed a motion for reconsideration alleging that as legatees, no
notices were sent to them and prayed that they be given 10 days to file their opposition on the probate
of the will but was denied. A petition for certiorari and prohibition was also dismissed by the CA. Hence
the instant petition.

Petitioners allege that under Sec. 4 of Rule 76 of the Rules of Court, the requirement of notice on
individual heirs, legatees and devisees is mandatory and its omission constitutes a reversible error for
being constitutive of grave abuse of discretion.

Issue

WON personal notice to petitioners, legatees and devisees, are required.

Ruling

Yes, personal notice is required. It is clear from the aforecited rule that notice of the time and
place of the hearing for the allowance of a will shall be forwarded to the designated or other known heirs,
legatees, and devisees residing in the Philippines at their places of residence, if such places of residence
be known. There is no question that the residences of herein petitioners, legatees and devisees were
known to the probate court. The petition for the allowance of the will itself indicated the names and
addresses of the legatees and devisees of the testator. But despite such knowledge, the probate court did
not cause copies of the notice to be sent to petitioners. The requirement of the law for the allowance of
the will was not satisfied by mere publication of the notice of hearing for three (3) weeks in a newspaper
of general circulation in the province.

Probate proceeding is a proceeding in rem and for the validity of such proceedings personal notice
or by publication or both to all interested parties must be made. The interested parties in the case were
known to reside in the Philippines.