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Judge Echavez Jr. issued an order setting Respondent Judge granted the motion
the hearing on the petition and directing and dismissed the case.
the hearing on the petition and directing
that said order be published and copies of Issue:
the same be sent by registered mail or
personal delivery to each of all known Whether or not the jurisdictional facts that
heirs of the deceased. need to be stated in a petition for letter of
administration under Rule 79, Section 2 of
The heirs of the deceased opposed the the Rules of Court include the specific
issuance of letters of administration filed assertion that the petitioner therein is an
by Gonzales based on the following “interested person”
grounds:
Ruling: Private respondents’ failure to move for a
dismissal amounted to a waiver of the
No. Rule 79, Section 2 of the Rules of abovementioned ground. Rule 15, Section
Court provides: 8 of the Rules of Court provides that: