G.R. No. 42226 ; July 26, 1935
In re estate of the deceased Ines Basa de Mercado. JOAQUINA BASA, ET AL., petitioners-appellants, vs. ATILANO G. MERCADO, respondent-appellee.

FACTS

The will of Ines Basa was allowed and probated, and the estate administration was closed, with the administrator declared the sole heir. The petitioners-appellants later moved to reopen the proceedings, alleging lack of jurisdiction due to non-compliance with the publication requirements under Section 630 of the Code of Civil Procedure. They argued that the notice of hearing for the probate of the will was published only three times weekly, with the first publication on June 6, 1931, and the hearing held on June 27, 1931, which was only 21 days later, not three full weeks before the hearing. They also contested that the newspaper Ing Katipunan was not a newspaper of general circulation in Pampanga.

ISSUE

1. Whether the phrase “three weeks successively” in Section 630 of the Code of Civil Procedure requires publication to be made three full weeks (21 days) before the hearing.
2. Whether Ing Katipunan qualified as a newspaper of general circulation in the Province of Pampanga.

RULING

1. No. The Supreme Court, adopting the interpretation from Vermont jurisprudence (the source of the Code provision), held that “three weeks successively” does not require three full weeks between the first publication and the hearing. It only mandates publication in three successive weekly issues before the hearing date. The notice here, published on June 6, 13, and 20, with the hearing on June 27, complied with the law.
2. Yes. Ing Katipunan was a newspaper of general circulation as it disseminated local news and general information, had a bona fide subscription list, was published regularly, and was not devoted to a specific class or group. The law does not require publication in the newspaper with the largest circulation.
The appealed order was affirmed.

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