ArticuLaw Primo
LSPU-LAW STAR CLASS
GR No. L-53546, June 25, 1992
Fran vs. Salas
—Facts of the Case:
Jesus Fran was designated as the executor of the entire estate of late Remedios Mejia Vda de Tiosejo.
The heirs did not file any opposition in the probate judgment of 13 November 1972, thus the will become uncontested.
In 1980, Concepcion Espina, et al, filed a Petition for Consideration alleging that the probate court never acquired jurisdiction over the previous case, since petitioner Jesus Fran failed to submit to the court the original of the will, depriving them to examine the will.
—
—Issue:
Whether the failure of the parties to submit before the court the original copy of the Will and Testament is void and should be annulled.
—
—Held:
The annexing of the original will to the petition is not a jurisdictional requirement is clearly evident in Sec 1, Rule 76 of the ROC which allows the filing of a petition for probate by the person named therein regardless of whether or not he is in possession of the will, or the same is lost or destroyed. Settled is the rule that the decree of probate is conclusive with respect to the due execution of the will and it cannot be impugned on any of the ground authorized by law, except that of fraud.