Basa vs.

Mercado
GR No. L-42226; July 26, 1935
Effectivity of laws

Goddard, J:

Issue: Did the court lack the jurisdiction to allow the will of Ines Basa due to failure to
comply with Sec. 630 of the Code of Civil Procedure?

Facts:
- On May 29, 1931, the Court of First Instance of Pampanga ordered the
publication of the required notice for the hearing of Ines Basa’s will
- The notice was published three times, with the first publication being on June 6,
1931 and the last publication being on June 20, 1931
- On June 27, 1931, the Court of First Instance of Pampanga allowed and probated
the last will and testament of Ines Basa
- On January 30, 1932, the Court of First Instance of Pampanga approved the
account of the administrator of the estate, declared him the only heir of the
deceased under the will, and closed the administration proceedings
- Petitioner-appellants then filed a motion in which they prayed for the
proceedings regarding the will to be reopened as the court lacked jurisdiction to
act in the matter because there was a failure to comply with requirements as to
the publication of the notice of hearing as of Sec. 630 of the Code of Civil
Procedure

Hold: No, the court did not lack the jurisdiction to allow the will of Ines Basa due to
failure to comply with Sec. 630 of the Code of Civil Procedure

Ratio:
- Sec. 630 of the Code of Civil Procedure states that “….public notice thereof to be
given by publication in such newspaper or newspapers as the court directs of
general circulation in the province, three weeks successively”
- The Supreme Court of the State of Vermont commented on the phrase “three
weeks successively” explaining that the first publication of the notice need not
be made twenty-one days before the day appointed for the hearing
o Exact example from the case was the will of Nickerson Warner where PA
Barlett was the administrator de bonis non. In this case, the notice was
published on December 4, 11 and 18, 1919, with the hearing on
December 19, 1919
- In this case, the Court of First Instance of Pampanga published the notice thrice
from June 6 to June 20. Thus, even if the hearing was only 20 days after the first
publication, the Court still adhered to Sec. 630 of the Code of Civil Procedure,
and had jurisdiction over the allowance of the will.