5/24/23, 8:51 AM G.R. No.

194310

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FIRST DIVISION

[ G.R. No. 194310. March 29, 2022 ]

FELICITAS AGUILAR BOLLOZOS, PETITIONER, VS. HEIRS OF LUISA ABRIO VDA. DE AGUILAR
REPRESENTED BY FLORENTINO DIPUTADO, RESPONDENTS.

DECISION

GAERLAN, J.:

Before this Court is a petition for review on  certiorari1  filed by petitioner Felicitas Aguilar Bollozos (petitioner)
under Rule 45 of the Rules of Court, seeking to annul and set aside the Resolution2  dated June 30, 2009 of the
Court of Appeals (CA) in CA-G.R. SP No. 02919-MIN denying the due course to the petition for  certiorari  therein
filed; and its Resolution3 dated September 23, 2010 denying the motion for reconsideration thereof.

The Antecedent Facts

On December 28, 2007, respondent Florentino Diputado (respondent Diputado), in his capacity as the named
executor in the will, filed a Verified Petition4  for the probate of the will5  of Luisa Abrio Vda. de Aguilar (Vda. de
Aguilar) before the Regional Trial Court (RTC) of Misamis Oriental, Branch 17.

In an Order6  dated January 7, 2008, the RTC set the petition for hearing on February 13, 2008, required all
interested parties to appear and show cause on even date why the petition should not be granted, and ordered the
publication of the same Order once a week for three (3) consecutive weeks in a newspaper of general circulation in
the City of Cagayan de Oro and the Province of Misamis Oriental.7

On January 28, 2008, the petitioner, claiming to be the daughter and the sole surviving heir of Vda. de Aguilar
filed an Opposition with Motion to Dismiss for Lack of Jurisdiction8 grounded on non-payment of the proper docket
fees.9 On October 23, 2008, the RTC issued a Resolution10 denying the petitioner's Opposition. 1a⍵⍴h!1

Thereafter, the petitioner filed two motions' first, seeking reconsideration of the October 23, 2008 Resolution,
and second, a  Motion to Make Definite Appraisal of Estate Value  which was filed on February 27, 2009.11  Both
motions were denied by the RTC in its Orders dated March 10, 200912 and April 21, 2009,13 respectively.

The petitioner then filed a petition for certiorari14 before the CA assailing the Orders dated March 10, 2009 and
April 21, 2009. Petitioner alleged that the RTC committed grave abuse of discretion when it assumed jurisdiction
despite the respondent's deficient payment of docket fees and defective publication, and when it denied the motion
to make a definite appraisal value of the estate.15

The petitioner argued that while the Verified Petition alleged the total approximate assessed value of the estate
as P1,000,000.00, the same is belied by tax declarations of the declared properties of the decedent which indicated
a total market value of P6,595,616.00. In this regard, the payment of docket fees based on the lower amount is
insufficient and does not vest jurisdiction upon the RTC.16

The petitioner also assailed the denial by the RTC of her motion for definite appraisal, claiming that the issue of
whether the docket fees paid were deficient is best resolved at the earliest stages of the case because docket fees
are the lifeblood of the judicial system.17

Lastly, the petitioner argued that there should be a republication of the notice for hearing after the initial date set
was postponed and scheduled anew.18

The CA, through its Resolution19  dated June 30, 2009 denied due course to the petition on account of
petitioner's failure to file a motion for reconsideration before resorting to a special civil action
for certiorari.20 The fallo of the Resolution reads:
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WHEREFORE, premises considered, the instant petition is hereby DISMISSED.

SO ORDERED.21

On September 23, 2010, the CA in its Resolution22 denied the petitioner's Motion for Reconsideration. Thus, this
petition for review on certiorari whereby the petitioner assigns the following errors committed by the CA:

I. THE HONORABLE COURT OF APPEALS COMMITTED A REVERSIBLE ERROR AFFECTING

THE VALIDITY OF ITS JUDGMENT AND SUBSTANTIAL JUSTICE IN FINDING THAT THERE
WAS NO MOTION FOR RECONSIDERATION FILED OR THAT ONE WAS NEEDED.

II. THE HONORABLE COURT OF APPEALS HAS DECIDED AS WELL QUESTIONS OF

SUBSTANCE NOT HERETOFORE DETERMINED BY THE HONORABLE SUPREME COURT;
NAMELY:

[A]. IN ALLOWING A DEPARTURE FROM THE RULES ON JUDICIAL

PROCEEDINGS REQUIRING FULL PAYMENT OF DOCKET FEES WHEN
RECORDS SHOW THE OBVIOUS DEFICIENT DOCKET FEES.

[B]. THE REFUSAL OF THE COURT OF APPEALS IN ANNULLING THE ORDER

OF THE TRIAL COURT, WHICH ALLOWED THE PROCEEDINGS IN PROBATE
TO PROCEED WITHOUT OBTAINING JURISDICTION IN REM OR OVER THE
WHOLE WORLD BY REFUSING A RE-PUBLICATION OF THE NOTICE OF
INITIAL HEARING THAT WAS POSTPONED AT THE RESPONDENT'S
INSTANCE, IS AN ERROR INVOLVING QUESTION OF SUBSTANCE THAT
INVOLVES JURISDICTION AND VALIDITY OF THE PROCEEDINGS.23

The instant petition sought to reconsider the CA Decision on two (2) points. First, that the assailed Decision
erroneously dismissed the petition for  certiorari  on the ground that no motion for reconsideration has been filed.
Second, that the CA erred in not determining the proper docket fees and ordering its payment, and in refusing to
direct the republication of notice of hearing.24

The petitioner claims that the assailed RTC Order dated March 10, 2009 is a resolution of its motion for
reconsideration of the RTC Resolution dated October 23, 2008; therefore, the filing of another motion for
reconsideration would be useless. At any rate, the petitioner argues that there are established exceptions to the rule
which requires the filing of a motion for reconsideration; which obtain in the case at bar– when there is an issue of
jurisdiction, when the filing of such motion would be useless, when only legal issues are involved, and when so
demanded by the interest of substantial justice.25

On the remaining ground, the petitioner submits that the RTC failed to acquire jurisdiction when it failed to order
the payment of the proper amount of docket fees based on the tax declarations; and direct the republication of the
May 28, 2008 hearing for the benefit of other interested parties.26

The respondents filed their Comment27  on March 29, 2011. Therein, the respondents argued, among others,
that there are no reversible errors and that the petitioner's submissions are mere rehash of the points she raised in
before the CA. Aside from affirming the CA resolution, the respondents submitted that they paid the correct amount
of docket fees based on the probable value of the properties included in the estate. On the matter of notice,
respondents contended that there is no longer any need for publication anew of the RTC order inasmuch as all
interested parties have already been previously notified.28

On February 13, 2019, the Court issued a Resolution29  requiring the parties to move in the premises. On
December 27, 2019, the petitioner filed its Manifestation30  stating that the case has not been rendered moot and
academic as the RTC refused to proceed with the case and order the respondents to account and consign rental
income on the subject properties.31

The Court's Ruling

The petition is not meritorious.

It bears to note that "[a] dismissal by the Court of Appeals of a Petition via Rule 65 for failure to file a Motion for
Reconsideration may be assailed via Rule 45."32 With that, the Court proceeds with the determination of the issues
at hand.

The settled rule is that a motion for reconsideration is a condition  sine qua non  for the filing of a petition
for  certiorari. This is to grant the court an opportunity to correct any actual or perceived error attributed to
it.33 However, the rule is not absolute and admits of exceptions established by jurisprudence:

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(a) where the order is a patent nullity, as where the court a quo has no jurisdiction; (b) where the
questions raised in the certiorari proceedings have been duly raised and passed upon by the
lower court, or are the same as those raised and passed upon in the lower court; (c) where
there is an urgent necessity for the resolution of the question and any further delay would prejudice
the interests of the Government or of the petitioner or the subject matter of the action is perishable;
(d) where, under the circumstances, a motion for reconsideration would be useless; (e) where
petitioner was deprived of due process and there is extreme urgency for relief; (f) where, in a
criminal case, relief from an order of arrest is urgent and the granting of such relief by the trial court
is improbable; (g) where the proceedings in the lower court are a nullity for lack of due process; (h)
where the proceeding were ex parte or in which the petitioner had no opportunity to object; and (i)
where the issue raised is one purely of law  or where public interest is involved.34  (Emphasis
supplied)

The second and fourth exceptions are present, which renders the non-­filing of a motion for reconsideration not
fatal in this case.

The petitioner's petition for  certiorari  before the CA rested upon the same points in this petition for review
on certiorari, that is, that the RTC, acting as a probate court failed to acquire jurisdiction as the "correct" amount of
docket fees have not been paid, and its Order resetting the case for hearing was not published.35

On the matter of payment of the proper amount of docket fees, the Court agrees with the respondents that the
issue had already been passed upon by the RTC.

The determination of the amount of docket fees is intricately related with the matter of valuation of the properties
which comprise the estate. This is precisely why the Petitioner filed an Opposition with Motion to Dismiss for Lack of
Jurisdiction36 in which, the petitioner also raised the need for republication of notice and a Motion to Make Definite
Appraisal of Estate Value as it claimed that the value declared by the respondents is deficient, and cannot therefore
serve as basis for the computation of docket fees. The Opposition was denied by the RTC in its Resolution dated
October 23, 2008;37 prompting the petitioner to file a motion for reconsideration albeit similarly denied by the RTC in
its Order dated March 10, 2009,38  the first assailed Order before the CA. Consequently, in the second assailed
Order dated April 21, 2009,39  the RTC ratiocinated that the matter raised in the motion for appraisal has already
been passed upon by it in its Resolution dated March 10, 2009.40 Clearly, the filing of a motion for reconsideration in
this case is not necessary since the questions raised in the certiorari proceedings before the CA have already been
duly raised and passed upon by the RTC.41

In any case, the issue of whether in case of postponement of the initial date of hearing of a verified petition for
the allowance of a will there is a need to again publish the Order which stated the new date of hearing, is a question
of law, similarly justifying the lack of motion for reconsideration.

The procedural obstacle notwithstanding, the Court sees no reason to reverse the Orders of the RTC.

It is elementary that in both original and appellate cases, the court acquires jurisdiction over the case only upon
the payment of the prescribed docket fees.42 In the matter of allowance of wills, the amount of docket fees to be paid
is governed by Section 7, Rule 141 of the Rules of Court as amended by A.M. No. 04-2-04-SC43 and Supreme Court
Amended Administrative Circular No. 35-2004,44 to wit:

Section 7. Clerks of Regional Trial Courts. —

a) For filing an action or a permissive or compulsory counter-claim, cross-claim,

or money claim against an estate not based on judgment, or for filing a third-
party, fourth-party, etc. complaint, or a complaint­-in-intervention, if the total sum
claimed, inclusive of interests, penalties, surcharges, damages of whatever
kind, and attorney's fees, litigation expenses and costs and/or  in cases
involving property, the fair market value of the real property in litigation
stated in the  current tax declaration  or  current zonal valuation  of the
Bureau of Internal Revenue, whichever is higher, or  if there is none, the
stated value of the property in litigation or the value of the personal property in
litigation as alleged by the claimant is:

[Table of fees omitted]

(d) For initiating proceedings for the allowance of wills, granting letters of
administration, appointment of guardians, trustees, and other special proceedings,
the fees payable shall be collected in accordance with the  value of the property
involved in the proceedings, which must be  stated in the application or
petition as follows:

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[Table of fees omitted]

If the value of the estate as definitely appraised by the court is more than the value
declared in the application, the difference of fee shall be paid: provided that a
certificate from the clerk of court that the proper fees have been paid shall be
required prior to the closure of the proceedings. (Emphasis and underscoring
supplied)

From the foregoing, it is clear that in money claims against the estate not based on judgment and in the
allowance of wills, it is the clerk of court which has the authority to assess the amount of docket fees on the basis of
either; a) the fair market value of the real property in litigation as stated in the current tax declaration or the Bureau
of Internal Revenue's (BIR) zonal valuation, whichever is higher, or b) the stated value of the property as alleged by
the claimant.

In  Ramones v. Sps. Guimoc,45  the Court held that "where the plaintiff has paid the amount of filing fees
assessed by the clerk of court, and the amount paid turns out to be deficient, the trial court still acquires jurisdiction
over the case, subject to the payment by the plaintiff of the deficiency assessment"46  provided that the party has
acted in good faith or that there was no intention to defraud the government.47 In fine, for purposes of determining
whether the court has acquired jurisdiction over the case, it is sufficient that the plaintiff has paid in full the amount of
docket fees assessed by the clerk of court although such assessment may later be found insufficient. In the latter
instance, the deficiency as assessed by the clerk of court or his duly authorized deputy shall be paid by the party
filing the action which shall constitute a lien on the judgment48  pursuant to Section 2,49  Rule 141 of the Rules of
Court.

Applied in this case, it is undisputed that the respondents paid in full, the amount of docket fees assessed by the
clerk of court on the basis of the value stated in the verified petition. In the same vein, fraudulent intent cannot
simply be presumed from the fact that the respondents' allegation of value of the estate in their verified petition is
insufficient, inasmuch as under Section 2,50 Rule 76 of the Rules of Court, a petition for allowance of a will requires
only a declaration of the probable value and character of the property of the estate. Consequently, the RTC acquired
jurisdiction over this case.

However, should the RTC eventually appraise the value of the estate to be greater than the declared amount,
the difference in docket fees must be paid prior to closure of proceedings.51 Therefore, contrary to the allegation of
the petitioner, the definitive assessment of value for the purpose of computing the correct amount of docket fees
need not be done during the commencement of the proceedings for as long as payment of the full and appropriate
amount is done prior to its cessation.

With respect to the issue of publication, the petitioner's arguments similarly fail to persuade the Court. 1âшphi1

The Sections 3 and 4, Rule 76 of the 1997 Rules of Court, which read:

Rule 76
Allowance or Disallowance of Will

Section 3.  Court to appoint time for proving will. Notice thereof to be published. - When a will is
delivered to, or a petition for the allowance or a will is filed in, the court having jurisdiction, such
court shall fix a time and place for proving the will when all concerned may appear to contest the
allowance thereof, and shall cause notice of such time and place to be published three (3) weeks
successively, previous to the time appointed, in a newspaper of general circulation in the province.

But no newspaper publication shall be made where the petition for probate has been filed by the
testator himself.

Section 4. Heirs, devisees, legatees, and executors to be notified by mail or personally. - The court
shall also cause copies of the notice of the time and place fixed for proving the will to be addressed
to the designated or other known heirs, legatees, and devisees of the testator resident in the
Philippines at their places or residence, and deposited in the post office with the postage thereon
prepaid at least twenty (20) days before the hearing, if such places of residence be known. A copy
of the notice must in like manner be mailed to the person named as executor, if he be not the
petitioner; also, to any person named as co-executor not petitioning, if their places of residence be
known. Personal service of copies of the notice at [least] (10) days before the day of hearing shall
be equivalent to mailing.

If the testator asks for the allowance of his own will notice shall be sent only to his compulsory
heirs.

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In an allowance or disallowance of a will, there are two (2) notification requirements both of which are
mandatory and jurisdictional: (a) publication in a newspaper of general circulation or the Official Gazette, and (b)
personal notice to the designated or known heirs, legatees and devisees.52  In this controversy, compliance with
these requirements is admitted. Question arose as the date of the hearing set in the notice which has been
published was postponed. The petitioner then argues that there is again a need to publish the notice setting a new
date for hearing.

The requirement for the publication of the notice of hearing can be attributed to the  in rem  nature of probate
proceedings.53 Actions in rem are actions against the thing itself and are binding upon the whole world. Simply, in
the resolution of actions  in rem, an active  vinculum  is created over all those with interests to the thing that is the
subject matter of litigation. Thus, due process dictates that all persons with interest to the thing be notified and given
an opportunity to defend their interests through publication.54

Due process does not however demand the unreasonable. Under this premise, the Court regards that it is
sufficient that publication of the notice of hearing has been done prior to the commencement of the proceedings
notifying all persons of the verified petition for the allowance of will and giving them an opportunity to defend their
interests on a scheduled date of hearing. After which, it then becomes incumbent upon all persons concerned to
appear and actively protect their interests. That the hearing date indicated in the notice did not push through is
beside the point as for all intents and purposes, all interested parties have already been notified of the existence of
the probate proceedings by virtue of publication and any subsequent development is easily verifiable.

The purpose of procedure is to facilitate and not to thwart justice. It was created not to hinder and delay, but to
promote the administration of justice. Hence, every interpretation in its application must towards the attainment of
these objectives.55

WHEREFORE, premises considered, the instant petition for review on certiorari is DENIED. The
Resolution dated October 23, 2008 and Orders dated March 10, 2009 and April 21, 2009 of the
Regional Trial Court of Misamis Oriental, Branch 17, are hereby AFFIRMED.

SO ORDERED.

Gesmundo, C.J., (Chairperson), Caguioa, Inting, and Dimaampao, JJ., concur.

Footnotes
1
 Rollo, pp. 4-42.
2
  Id. at 143-145. Penned by Associate Justice Jane Aurora C. Lantion with Associate Justices Edgardo T.
Lloren and Ruben C. Ayson concurring.
3
 Id. at 157. Penned by Associate Justice Edgardo T. Lloren with Associate Justices Edgardo A. Camello and
Angelita A. Gacutan concurring.
4
 Id. at 46-48.
5
 Id. at 49-52.
6
 Id. at 54. Penned by Presiding Judge Florencia D. Sealana-Abbu.
7
 Id. at 5.
8
 Id. at 55-69.
9
 Id. at 6, 55.
10
 Id. at 93-96.
11
 Id. at 7.
12
 Id. at 115-116.
13
 Id. at 117.
14
 Id. at 118-139.

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15
 Id. at 111-139.
16
 Id. at 128-131.
17
 Id. at 133.
18
 Id. at 134-138.
19
 Supra note 2.
20
 Rollo, p. 114.
21
 Id. at 145.
22
 Supra note 3.
23
 Rollo, p. 17.
24
 Id.
25
 Id. at 18-23.
26
 Id. at 24-40.
27
 Id. at 161-170.
28
 Id. at 162-169.
29
 Id. at 198.
30
 Id. at 203-204.
31
 Id. at 203.
32
 Rep. of the Phils. v. Bayao, et al., 710 Phil. 279, 286 (2013).
33
 Id.
34
 Id. citing Siok Ping Tang v. Subic Bay Distribution, Inc., 653 Phil. 124, 136-137 (2010).
35
 Rollo, pp. 127-138.
36
 Id. at 55-69.
37
 Id. at 93-96.
38
 Id. at 115-116.
39
 Id. at 117.
40
 Id.
41
 Supra note 34.
42
 Gonzales, et al. v. Pe, 670 Phil. 597, 610-611 (2011), citing Far Corporation v. Magdaluyo, 485 Phil. 599,
610 (2004).
43
  Entitled, "RE-PROPOSED REVISION OF RULE 141, REVISED RULES OF COURT, LEGAL FEES"
(August 16, 2004).
44
 Entitled, "GUIDELINES IN THE ALLOCATION OF THE LEGAL FEES COLLECTED UNDER RULE 141 OF
THE RULES OF COURT, AS AMENDED, BETWEEN THE SPECIAL ALLOWANCE FOR THE JUDICIARY
FUND AND THE JUDICIARY DEVELOPMENT FUND." Approved on August 12, 2004.
45
 838 Phil. 542 (2018).
46
 Id. at 551.

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47
 Id. at 551-552.
48
  Id., citing Rivera v. del Rosario, 464 Phil. 783 (2004); Fil-Estate Golf and Development, Inc. v. Navarro, 553
Phil. 48 (2007);  United Overseas Bank v. Ros (United Overseas Bank), 556 Phil. 178 (2007);  The Heirs of
Reinoso, Sr. v. CA, 669 Phil. 272 (2011).
49
  Section 2.  Fees in lien. - Where the court in its final judgment awards a claim not alleged, or a relief
different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees
which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and
collect the corresponding fees.
50
 Section 2. Contents of petition. — A petition for the allowance of a will must show, so far as known to the
petitioner:

(a) The jurisdictional facts;

(b) The names, ages, and residences of the heirs, legatees, and devisees of the testator or
decedent;

(c) The probable value and character of the property of the estate;

(d) The name of the person for whom letters are prayed;

(e) If the will has not been delivered to the court, the name of the person having custody of it.

But no defect in the petition shall render void the allowance of the will, or the issuance of
letters testamentary or of administration with the will annexed.
51
 RULE 141, Section 7a.
52
 Racca v. Echague, G.R. No. 237133, January 20, 2021.
53
 Id.
54
 De Pedro v. Romasan Development Corp., 748 Phil. 706, 725-726 (2014).
55
  People v. Flores, 336 Phil. 58, 61 (1997), citing  Manila Railroad Co. v. Attorney General, 20 Phil. 523
(1911).

The Lawphil Project - Arellano Law Foundation

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