Back

Divinagracia, et al vs. Rovira

SALUD DIVINAGRACIA, EMILIA DIVINAGRACIA, DOLORES DIVINAGRACIA, ROSARIO DIVINAGRACIA and JUANITA DIVINAGRACIA, petitioners, vs. JUDGE VALERIO V. ROVIRA, in his capacity as Presiding Judge, Branch IV, Court of First Instance, Iloilo City, and CAMILO DIVINAG

G.R. No. L-42615 | 1976-08-10

D E C I S I O N

AQUINO, J:

The question in this case is 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. The facts are as follows;

Feliciano Divinagracia died in Iloilo City on February 1, 1964. He was survived by his wife, Salud Bretaña, and their four daughters named Emilia, Dolores, Rosario and Juanita. The notice of his death was published in two local periodicals and in the Manila Times. Two days after his death, a petition was filed in the Court of First Instance of...