GR L 254; (April, 1948) (Digest)
G.R. No. L-254; April 30, 1948
Testate estate of Carlos Gil, deceased. ISABEL HERREROS VDA. DE GIL, petitioner-appellant, vs. ROBERTO TOLEDO Y GIL III, oppositor-appellee.
FACTS
Carlos Gil died on November 28, 1943. His widow, Isabel Herreros Vda. de Gil, filed a petition for the probate of his will on December 27, 1943. Roberto Toledo y Gil III, a nephew of the deceased, opposed the probate, alleging lack of testamentary capacity and forgery, and further claimed that the subsequent adoption of Carlos Worrell (Carlos Gil, Jr.) by the deceased revoked the will. The widow moved to deny the opposition, citing the decree of adoption issued by the Court of First Instance of Pampanga on April 15, 1940. The oppositor countered by praying for the declaration of nullity of the adoption decree, arguing the court lacked jurisdiction because Carlos Worrell was of legal age at the time of adoption. The lower court denied the motion to dismiss the opposition and set aside the adoption decree, ruling that Courts of First Instance had no jurisdiction to decree the adoption of a person of legal age.
ISSUE
Whether the lower court, in the testate proceedings, acted correctly in setting aside the decree of adoption issued by the Court of First Instance of Pampanga.
RULING
No. The Supreme Court reversed the lower court’s order. The Court of First Instance of Pampanga had jurisdiction over adoption matters. Any error in the exercise of that jurisdiction, such as decreeing the adoption of a person of legal age, could only be corrected through a direct attack via reconsideration or appeal, not through a collateral attack in separate proceedings. The lower court in the testate proceedings acted beyond its jurisdiction in setting aside the adoption decree.
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