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Mercado vs. Santos, et al

ATILANO G. MERCADO, petitioner, vs. ALFONSO SANTOS, Judge of First Instance of Pampanga, and I?IGO S. DAZA, Provincial Fiscal of Pampanga, respondents. ROSARIO BASA DE LEON, ET AL., intervenors.

G.R. No. 45629 | 1938-09-22

D E C I S I O N


LAUREL, J:

On May 28, 1931, the petitioner herein filed in the Court of First Instance of Pampanga a petition for the probate of the will of his deceased wife, Ines Basa. Without any opposition, and upon the testimony of Benigno F. Gabino, one of the attesting witnesses, the probate court, on June 27, 1931, admitted the will to probate. Almost three years later, on April 11, 1934, the five intervenors herein moved ex parte to reopen the proceedings, alleging lack of jurisdiction of the court to probate the will and to close the proceedings. Because filed ex parte, the motion was denied. The same motion was filed a second...