ALABAN

v.

COURT OF APPEALS

FACTS:

Private respondent Francisco Provido filed a Petition for the probate of the
Last Will and Testament of the late Soledad Provido Elevencionado
(decedent for brevity). Respondent alleged that he was the heir of the
decedent and the executor of said will. Regional Trial Court rendered its
Decision allowing the probate of the will of the decedent and directing the
issuance of letters testamentary to Respondent. More than four months later
or on 4 October 2001, Alaban and relatives (Petitioners for brevity) filed a
motion for the reopening of the probate proceedings. Likewise, they filed
an Opposition to the allowance of the will of the decedent as well as the
issuance of letters testamentary to respondent. They claimed that they are
the intestate heirs of the decedent. Petitioners claimed that the RTC did not
acquire jurisdiction over the Petition due to non-payment of the correct
docket fees, defective publication and lack of notice to the other heirs.

ISSUE:

Whether or not an exclusion in the probate proceedings annuls a final and

executory judgment.

HELD:

It has been held that a proceeding for the probate of a will is one in rem.
Thus, it is binding upon the whole world. Any executor, devisee or legatee
named in a will, or any other person interested in the estate may, at any time
after the death of the testator, petition the court having jurisdiction to have
the will allowed. Notice of the time and place for proving the will must be
published in a newspaper of general circulation in the province, as well as
furnished to the designated or other known heirs, legatees, and devisees of
the testator. Consequently, with the corresponding publication of the
Petition, the court's jurisdiction extends to all persons interested in said will
or in the settlement of the estate of the decedent. Moreover, an action for
annulment of judgment is a remedy in law independent of the case where
the judgment sought to be annulled was rendered. The purpose of such
action is to have the final and executory judgment set aside so that there
will be a renewal of litigation. However, it is resorted to in cases where the
ordinary remedies of are no longer available through no fault of the
Petitioner; and based on only extrinsic fraud or lack of jurisdiction or denial
of due process. In the case at bar, the probate proceedings extend to
Petitioners and they cannot file for an action of annulment of judgment
which became final and executory because they slept on their rights.