Back

Jose Antonio Gabucan vs. Luis D. Manta, et al.

JOSE ANTONIO GABUCAN, petitioner-appellant, vs. HON. JUDGE LUIS D. MANTA, JOSEFA G. VDA. DE YSALINA and NELDA G. ENCLONAR, respondents-appellees.

G.R. No. L-51546 | 1980-01-28

D E C I S I O N


AQUINO, J.:

This case is about the dismissal of a petition for the probate of a notarial will on the ground that it does not bear a thirty-centavo documentary stamp.

The Court of First Instance of Camiguin in its "decision" of December 28, 1977 in Special Proceeding No. 41 for the probate of the will of the late Rogaciano Gabucan, dismissed the proceeding (erroneously characterizes as an "action").

The proceeding was dismissed because the requisite documentary stamp was not affixed to the notarial acknowledgment in the will and, hence, according to respondent Judge, it was not admissible in evidence, citing section 238...