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GALLANOSA v. ARCANGEL (Escra Full Text)
GALLANOSA v. ARCANGEL (Escra Full Text)
GALLANOSA v. ARCANGEL (Escra Full Text)
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* SECOND DIVISION.
677
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AQUINO, J.:
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been converted into one of intestacy (Art. 960 Civil Code) and the
settlement of the estate of the said deceased would have been
made in accordance with the provisions of law governing legal or
intestate succession x x x, in which case the said plaintiffs, as the
nearest of kin or legal heirs of said Florentino Hitosis, would have
succeeded to the ownership and possession of the 61 parcels of
land in question forming part of his estate (art. 1003, Civil Code).
“However, the decision of the Court was adverse to them, when
it dismissed their opposition and ordered the probate of his will.
From this decision (Annex K) legalizing the said will, the
oppositors did not file any appeal within the period fixed by law,
despite the fact that they were duly notified thereof, so that the
said decision had become final and it now constitutes a bar to any
action that the plaintiffs may institute for the purpose of seeking
a redetermination of their rights to inherit the properties of the
late Florentino Hitosis.
“In other words, the said decision of this Court in Civil Case
(Special Proceeding) No. 3171, in which the herein plaintiffs or
their predecessors-in-interest had intervened as parties
oppositors, constitutes a final judicial determination of the issue
that the said plaintiffs, as ordinary heirs, have no legal rights to
succeed to any of the properties of the late Florentino Hitosis;
consequently, their present claim to the ownership and possession
of the 61 parcels of land in question is without any legal merit or
basis.”
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