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Vda. De Valera, et al. vs. Ofilada, et al.

ANGELITA G. VDA. DE VALERA, AMANDA G. VALERA, OSCAR G. VALERA, DIONISIO G. VALERA, FELIXBERTO G. VALERA, BENITO G. VALERA, EVA G. VALERA, LITA G. VALERA, TONIETTE VALERA, ANGEL V. COLET, NORMAN PE BENITO and ROMEO PE BENITO, petitioners, vs. HON. MACARIO

G.R. No. L-27526 | 1974-09-12

D E C I S I O N

FERNANDEZ, J:

Had the Court of First Instance of Abra been more cognizant of the limitations on its prerogative as a probate court, it would not have committed the jurisdictional and procedural errors pointed out in this certiorari case by the petitioners, the heirs of the late Virgilio Valera.

The record discloses that the lower court exceeded its jurisdiction in issuing its orders of July 10, 1964, April 15, 1966 and January 4, 1967 as well as the writ of execution against the assets of the deceased Virgilio Valera. The jurisdictional and procedural errors committed by the lower court justify the writ of certiorari....