FERNANDEZ VS.

DIMAGIBA

Facts:
Ismaela Dimagiba filed a petition for probate of the will of Benedicta de los Reyes.
Such petition was opposed by Dionisio Fernandez, Eusebio Reyes and Luisa Reyes, and
one month later, Mariano, Cesar, Leonor and Paciencia. The court ruled in favor of
probate. Fernandez et al appealed, but it was beyond the reglamentary period. They
argued that they were entitled to await the other grounds for opposition before appealing.

Issue:
Whether the probate of the will become final for lack of appeal

Held:
Yes, the probate of the will become final for lack of appeal.
Settled is the ruled that a probate decree finally and definitively settles all questions
concerning capacity of the testator and the proper execution and witnessing of the will.
As such, probate order is final and appealable. They do not have to await the resolution
of its other oppositions since the Rules of Court enumerates six different instances when
appeal may be taken in special proceedings.