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Basa V Mercado

The appellants claimed that the trial court lacked jurisdiction in approving the last will and testament of Ines Basa because the publication of the notice of hearing did not comply with Section 630 of the Code of Civil Procedure. Specifically, they argued the notice was published for only 21 days before the hearing instead of the required 3 full weeks. However, the court found that Section 630 does not require the notice to be published for 3 full weeks, only that it be published successively for 3 weeks. The court also found that the newspaper Ing Katipunan was a newspaper of general circulation in Pampanga as it met the criteria of disseminating local news, having a subscription list, being published regularly.

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54 views1 page

Basa V Mercado

The appellants claimed that the trial court lacked jurisdiction in approving the last will and testament of Ines Basa because the publication of the notice of hearing did not comply with Section 630 of the Code of Civil Procedure. Specifically, they argued the notice was published for only 21 days before the hearing instead of the required 3 full weeks. However, the court found that Section 630 does not require the notice to be published for 3 full weeks, only that it be published successively for 3 weeks. The court also found that the newspaper Ing Katipunan was a newspaper of general circulation in Pampanga as it met the criteria of disseminating local news, having a subscription list, being published regularly.

Uploaded by

Luz Celine Cabading
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Basa v.

Mercado

Facts:

Honorable Hermogenes Reyes, Judge of the Court of First Instance of Pampanga, allowed and probated
the last will and testament of Ines Basa, deceased. On January 30, 1932, the same judge 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. On April 11, 1934, the herein petitioners-appellants filed a
motion in which they prayed that said proceedings be reopened and alleged that 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 prescribed in the following section of the Code of Civil Procedure.
Appellants claim that the provisions of section 630 of the Code of Civil Procedure have not been
complied with in view of the fact that although the trial judge, on May 29, 1931, ordered the publication
of the required notice for "three weeks successively" previous to the time appointed for the hearing on
the will, the first publication was on June 6, 1931, the third on June 20, 1931, and the hearing took place
on the 27th of that month, only twenty-one days after the date of the first publication instead of three
full weeks before the day set for the hearing. The appellants also contend that the trial court erred in
ruling that the weekly newspaper, Ing Katipunan, in which the notice of hearing was published, was a
newspaper of general circulation in the Province of Pampanga.

Issues:

Whether the 21 days requirement for publication be followed pursuant to the sec. 630 of Code of Civil
Procedure?

Whether the said Ing Katipunan newspaper considered a newspaper of general circulation?

Ratio:

In view of the foregoing, it is held that the language used in section 630 of the Code of Civil Procedure
does not mean that the notice, referred to therein, should be published for three full weeks before the
date set for the hearing on the will. In other words, the first publication of the notice need not be made
twenty-one days before the day appointed for the hearing. The record shows that Ing Katipunan is a
newspaper of general circulation in view of the fact that it is published for the dissemination of local
news and general information; that it has a bona fide subscription list of paying subscribers; that it is
published at regular intervals and that the trial court ordered the publication to be made inIng
Katipunan precisely because it was a "newspaper of general circulation in the Province of Pampanga."
The law does not require that publication of the notice, referred to in the Code of Civil Procedure,
should be made in the newspaper with the largest numbers is necessary to constitute a newspaper of
general circulation.

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