G.R. No. L-31962, March 15, 1930
ROSARIO OÑAS, petitioner-appellee, vs. CONSOLACION JAVILLO, ET AL., oppositors-appellants.

FACTS

Crispulo Javillo died in May 1927, leaving a widow, Rosario Oñas, and nine children from two marriages. Probate proceedings were instituted, and an administrator was appointed. On May 24, 1928, the administrator presented a project for the distribution of the estate, which was approved by the court on May 26, 1928, with the conformity of the widow and the children from the first marriage. Two months later, the widow filed a motion to set aside the order, alleging she had been deceived and misled into agreeing to the distribution, which she claimed defrauded her and the minor children of their rightful shares. The court granted her motion and revoked the order of approval on August 2, 1928. The children from the first marriage moved for reconsideration, but the court confirmed the revocation and ordered a new inventory and project of partition. They appealed.

ISSUE

Whether the trial court had the authority to revoke its own order approving the project of distribution in the probate proceedings.

RULING

Yes. The Supreme Court held that in probate proceedings, a Court of First Instance has considerable latitude to modify or revoke its own orders as long as the proceedings are still pending and timely applications are made by interested parties. Here, no final settlement of the estate had been made, and the case remained within the court’s jurisdiction. The widow’s motion, filed only two months after the approval of the distribution, was timely. Moreover, the motion was effectively an application for relief under Section 113 of the Code of Civil Procedure, which applies to probate proceedings. The appeal was dismissed as premature, without prejudice to the appellants’ right to appeal after the new distribution is approved. Costs were taxed against the appellants.