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Racca vs. Echague

MIGDONIO RACCA AND MIAM GRACE DIANNE RACCA, PETITIONERS, VS. MARIA LOLITA A. ECHAGUE, RESPONDENT.

G.R. No. 237133 | 2021-01-20

SECOND DIVISION
 
DECISION
 
GESMUNDO, J.:
 
Personal notice to the heirs whose places of residence are known is mandatory. Trial courts cannot simply abdicate their duty under Section 4, Rule 76 of the 1997 Revised Rules of Court by indiscriminately applying the rule on publication. To do so would render nugatory the procedure laid down in Sec. 4 and the purpose for which it was intended.

This is an appeal by certiorari under Rule 45 of the 1997 Revised Rules of Civil Procedure seeking to reverse and set aside the twin orders of the Regional Trial Court, Palawan and Puerto Princesa City, Branch 51 (RTC), issued on August...