Special Proceeding

The Heirs Of The Late Jesus Fran And Carmen Mejia Rodriguez, petitioners,
vs. Hon. Bernardo Ll. Salas, Concepcion Mejia Espina And Maria Mejia Gandiongco,
respondents.
G.R. No. L-53546, June 25, 1992

Facts:
Remedios Tiosejo died with neither descendants nor ascendants. She left real
and personal properties. In her last will and testament, she bequeathed to her
collateral relatives all her properties.

When the will was presented before the probate court, private respondents who are
sisters of the deceased filed a manifestation, alleging that they needed time to study
the petition because some heirs have been intentionally omitted. However, none file
any opposition. The petition thus became uncontested.

The probate court rendered a decision admitting the will to probate. Then, a Project
of Partition was submitted by the executor to the court. The private respondents still
did not make any objections. Thereafter, the probate court issued its Order
approving the partition. Later, the aforesaid branch which issued the order was
converted to a Juvenile and Domestic Relations Court.

The private respondents filed with the new branch a Motion for Reconsideration of
the probate judgment and the order of partition. The Petitions challenged the
jurisdiction of the court because only the English translation of the will was attached
to the petition and the will was not even submitted to the court for their examination.

Respondent Judge issued an order declaring the testamentary disposition as void.

Issue:
Is it necessary that the original of the will be presented in order for the court to
acquire jurisdiction?

Ruling:
No. In several rulings of the Supreme Court, it ruled that it is not necessary that the
original of the will be attached to the petition

That the annexing of the original will to the petition is not a jurisdictional requirement
is clearly evident in Section 1, Rule 76 of the Rules of Court 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.

In the instant case, a copy of the original will and its English translation were
attached to the petition and made integral parts of the same. It is to be presumed
that upon the filing of the petition the Clerk of Court, or his duly authorized
subordinate, examined the petition and found that the annexes mentioned were in
fact attached thereto. Hence, the order of partition issued by the old probate court is
final and executor.