G.R. No. 38050; September 22, 1933
In the matter of the will of Donata Manahan. TIBURCIA MANAHAN, petitioner-appellee, vs. ENGRACIA MANAHAN, opponent-appellant.

FACTS

Tiburcia Manahan filed a petition for the probate of the will of her deceased aunt, Donata Manahan, naming her as executrix. The court published the required notices, and no opposition was filed at the hearing. After receiving evidence, the court admitted the will to probate on September 22, 1930. More than a year later, Engracia Manahan, the testatrix’s sister, filed a motion for reconsideration and new trial, seeking to set aside the probate decree and declare the will null ab initio for alleged non-compliance with formalities. The trial court denied her motion. Engracia appealed, challenging the probate order.

ISSUE

Whether the trial court’s decree admitting the will to probate is valid and conclusive, thereby barring Engracia Manahan’s belated challenge to the will’s execution and formalities.

RULING

The Supreme Court dismissed the appeal and upheld the probate decree. The probate proceeding was in rem, and the decree was conclusive against all parties, including Engracia, who was not entitled to individual notice as she did not file an opposition and was not an instituted heir or forced heir. The terms “authentication” and “probate” are synonymous in this context, and the court’s order effectively validated the will’s execution. Once a will has been probated, its due execution cannot be challenged on appeal except on grounds of fraud. The probate order constituted res judicata, and Engracia’s indirect appeal from an interlocutory order (denial of her motion for reconsideration) filed long after the probate decree was improper.

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