REV. FATHER LUCIO V. GARCIA, PETITIONER, VS. HONORABLE CONRADO M. VASQUEZ, RESPONDENT.

This is a motion for the reconsideration of our decision of March 28, 1969, filed by
petitioner.  In the opinion rendered in
that case, we stated:  “Peti­tioner
should have been aware that there is no escape from the payment of the
corresponding docket fee, otherwise, the Court is not called upon to act on a
complaint or petition.  Nor does it
suffice to vary the rule simply because there is only one decedent whose estate
is thus to be disposed of by will that must first be probated.  It is not farfetched or implausible that a
decedent could have left various wills. 
Under such circumstances, there is nothing inherently objectionable in
thus exacting the payment of a docket fee, every time a will is sought to be
probated.  Peti­tioner here could have
sought the probate of the will presented by him in the same proceeding.  He did not; he filed instead a separate
action.”

While not disputing the correctness of the above principle
announced, petitioner, in this, motion for reconsideration,
would assert that he did not file a separate action “but instead elected
to file the probate of the decedent’s 1956 Will in the same Sp. Proc.
62618, then pending before the respondent Court.  Petitioner’s statement of fact is
correct.  Under the circumstances then,
while the doctrine to the effect that a court of justice is not called upon to
act on a complaint or a petition in the absence of a payment of the correspond­ing
docket fee every time a will is sought to be probated must be considered as
subsisting, it finds no application to the present case, as petitioner did not
file a separate action but instead sought to have the other will probated in
the same special proceeding then pending before respondent Court.  He is therefore entitled to have our decision
reconsidered.

WHEREFORE, the decision of March 28, 1969 is set aside and
the petition for certiorari granted, with peti­tioner being thus entitled to
the refund of the second docket fee of P940.00 paid under Receipt No. J-1459986
issued on December 2, 1965, and the order of respondent Court of November 6,
1965 ordering such payment of the second docket fee annulled.  Without pronouncement as to
costs.

Reyes, J.B.L. (Acting C.J.), Dizon, Makalintal, Zaldivar, Sanchez, and Capistrano, JJ., concur.

Teehankee and Barredo, JJ.,
took no part.

Concepcion, C.J., and Ruiz Castro, J., on official leave.