R U L E 7 5 | 1RULE 75: PRODUCTION OF WILL ALLOWANCE OF WILLNECESSARY1. G.R. No. 160530 November 20, 2007CYNTHIA V. NITTSCHER,petitioner, vs. DR. WERNERKARL JOHANN NITTSCHER (Deceased), ATTY. ROGELIOP. NOGALES and THE REGIONAL TRIAL COURT OFMAKATI (Branch 59),respondents.FACTS:Dr. Werner Karl Johann Nittscher filed with the RTC of MakatiCity a petition for the probate of his holographic will and for theissuance of letters testamentary to herein respondent Atty.Rogelio P. Nogales. On September 19, 1991, after hearing andwith due notice to the compulsory heirs, the probate courtissued an order allowing the said holographic will. Dr. Nittscherdied. Hence, Atty. Nogales filed a petition for letterstestamentary for the administration of the estate of thedeceased. Dr. Nittscher’s surviving spouse, herein petitionerCynthia V. Nittscher, moved for the dismissal of the saidpetition. However, the court in its September 29, 1995 Orderdenied petitioner’s motion to dismiss, and grantedrespondent’s petition for the issuance of letters testamentary.Petitioner appealed to the Court of Appeals alleging thatrespondent’s petition for the issuance of letters testamentaryshould have been dismissed outright as the RTC had nojurisdiction over the subject matter and that she was denieddue process.ISSUE:Whether the lower court acquired jurisdiction over the subjectmatter of the present suitRULING:YES. Section 1, Rule 73 of the Rules of Court provides:SECTION 1. Where estate of deceased persons settled. – Ifthe decedent is an inhabitant of the Philippines at the timeof his death, whether a citizen or an alien, his will shall beproved, or letters of administration granted, and his estatesettled, in the Court of First Instance (now Regional TrialCourt) in the province in which he resides at the time ofhis death, and if he is an inhabitant of a foreign country, theCourt of First Instance (now Regional Trial Court) of anyprovince in which he had estate.In this case, the RTC and the Court of Appeals are one in theirfinding that Dr. Nittscher was a resident of Las Piñas, MetroManila at the time of his death. Such factual finding, which wefind supported by evidence on record, should no longer bedisturbed. Time and again we have said that reviews oncertiorari are limited to errors of law. Unless there is a showingthat the findings of the lower court are totally devoid of supportor are glaringly erroneous, this Court will not analyze or weighevidence all over again. Hence, applying the aforequoted rule, Dr. Nittscher correctlyfiled in the RTC of Makati City, which then covered Las Piñas,Metro Manila, the petition for the probate of his will and for theissuance of letters testamentary to respondent.Also, Section 4, Rule 76 of the Rules of Court states:SEC. 4. Heirs, devisees, legatees, and executors to be notifiedby mail or personally. – …If the testator asks for the allowance of his own will, noticeshall be sent only to his compulsory heirs.