RULE 75.docx - RULE 75 |1 RULE 75 PRODUCTION OF WILL ALLOWANCE OF WILL NECESSARY 1 G.R No 160530 CYNTHIA V NITTSCHER petitioner vs DR WERNER KARL JOHANN

RULE 75.docx - RULE 75 |1 RULE 75 PRODUCTION OF WILL...

This preview shows page 1 - 2 out of 5 pages.

R U L E 7 5 | 1 RULE 75: PRODUCTION OF WILL ALLOWANCE OF WILL NECESSARY 1. G.R. No. 160530 November 20, 2007 CYNTHIA V. NITTSCHER, petitioner, vs. DR. WERNER KARL JOHANN NITTSCHER (Deceased), ATTY. ROGELIO P. NOGALES and THE REGIONAL TRIAL COURT OF MAKATI (Branch 59), respondents. FACTS: Dr. Werner Karl Johann Nittscher filed with the RTC of Makati City a petition for the probate of his holographic will and for the issuance of letters testamentary to herein respondent Atty. Rogelio P. Nogales. On September 19, 1991, after hearing and with due notice to the compulsory heirs, the probate court issued an order allowing the said holographic will. Dr. Nittscher died. Hence, Atty. Nogales filed a petition for letters testamentary for the administration of the estate of the deceased. Dr. Nittscher’s surviving spouse, herein petitioner Cynthia V. Nittscher, moved for the dismissal of the said petition. However, the court in its September 29, 1995 Order denied petitioner’s motion to dismiss, and granted respondent’s petition for the issuance of letters testamentary. Petitioner appealed to the Court of Appeals alleging that respondent’s petition for the issuance of letters testamentary should have been dismissed outright as the RTC had no jurisdiction over the subject matter and that she was denied due process. ISSUE: Whether the lower court acquired jurisdiction over the subject matter of the present suit RULING: YES. Section 1, Rule 73 of the Rules of Court provides: SECTION 1 . Where estate of deceased persons settled . – If the decedent is an inhabitant of the Philippines at the time of his death , whether a citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance (now Regional Trial Court) in the province in which he resides at the time of his death , and if he is an inhabitant of a foreign country, the Court of First Instance (now Regional Trial Court) of any province in which he had estate. In this case, the RTC and the Court of Appeals are one in their finding that Dr. Nittscher was a resident of Las Piñas, Metro Manila at the time of his death. Such factual finding, which we find supported by evidence on record, should no longer be disturbed. Time and again we have said that reviews on certiorari are limited to errors of law. Unless there is a showing that the findings of the lower court are totally devoid of support or are glaringly erroneous, this Court will not analyze or weigh evidence all over again. Hence, applying the aforequoted rule, Dr. Nittscher correctly filed in the RTC of Makati City, which then covered Las Piñas, Metro Manila, the petition for the probate of his will and for the issuance 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 notified by mail or personally . – … If the testator asks for the allowance of his own will, notice shall be sent only to his compulsory heirs.
Image of page 1
Image of page 2

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture