GR 176831; (January, 2010) (Digest)
G.R. No. 176831 ; January 15, 2010
UY KIAO ENG, Petitioner, vs. NIXON LEE, Respondent.
FACTS
Respondent Nixon Lee filed a petition for mandamus with damages before the Regional Trial Court (RTC) of Manila to compel his mother, petitioner Uy Kiao Eng, to produce the original holographic will of his deceased father, alleging it was in her custody, so that probate proceedings could be instituted. Petitioner denied having custody of the original will and asserted that respondent and his siblings had been given photocopies, with respondent having previously used a copy in another case. After respondent presented his evidence, petitioner filed a demurrer to evidence, which the RTC initially denied but later granted upon reconsideration, dismissing the petition. Respondent appealed to the Court of Appeals (CA), which initially denied the appeal but, upon reconsideration, issued an Amended Decision granting the writ of mandamus, ordering the production of the will and payment of attorney’s fees. Petitioner’s motion for reconsideration was denied.
ISSUE
Whether the writ of mandamus is the proper remedy to compel the production of the original holographic will.
RULING
No. The Supreme Court reversed the CA’s Amended Decision and Resolution. The Court held that mandamus is not the proper remedy because there exists a plain, speedy, and adequate remedy in the ordinary course of law. Specifically, under Rule 76, Section 1 of the Rules of Court, any interested person may petition for the allowance of a will whether it is in their possession or not. Furthermore, Rule 75, Sections 2 to 5, provides specific procedures and penalties for the custodian of a will to deliver it to the court or to the named executor. Since respondent had a photocopy of the will and could institute probate proceedings without the original, and given the specific statutory remedies available for compelling production, the writ of mandamus could not be availed of. The Court granted the demurrer to evidence and dismissed the petition for mandamus for lack of cause of action.