Escolar Documentos
Profissional Documentos
Cultura Documentos
First
1. Even if they are sold, they still form part of the object of succession, and of
the estate.
2. In the case at bar, the sale cannot be considered as valid as the purpose for
entering into such contract is to deprive the heirs of their legitimes.
3. No consideration whatever was paid by Dimagiba on account of the
transfers, thereby rendering it even more doubtful whether in conveying
the property to her legatee.
4. The testatrix merely intended to comply in advance with what she had
ordained in her testament, rather than an alteration or departure
therefrom.
Second
5. As a general rule, courts in probate proceedings are limited to pass only
upon the extrinsic validity of the will sought to be probated.
6. There are, however, notable circumstances wherein the intrinsic validity
was first determined as when the defect of the will is apparent on its face
and the probate of the will may become a useless ceremony if it is
intrinsically invalid.
7. The intrinsic validity of a will may be passed upon because practical
considerations demanded it as when there is preterition of heirs or the
testamentary provisions are doubtful legality.
8. In this case however, there was never an open admission of any illicit
relationship. Thus, there was no need to go beyond the face of the will.
HELD:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
b.
4.
5.
6.
Answer:
a. She alleges that the properties of the spouses Blas and Santos
had been settled and liquidated in the project of partition of
the estate of said Simeon Blas;
b. That pursuant to the project of partition, plaintiffs and some
defendants had already received the respective properties
adjudicated to them
c. That the plaintiffs and the defendants Marta Geracio and Jose
Chivi are estopped from impugning the validity of the project
of partition of the estate of the deceased Simeon Blas and
from questioning the ownership in the properties.
RTC: rendered judgment dismissing the complaint, with costs against
plaintiff, and dismissing also the counterclaim and cross-claim decision
,the plaintiffs filed by the defendants.
From this district have appealed to this Court.
2.
3.
4.
Issue:
1.
2.
WON the heirs of Simeon Blas and first wife Marta Cruz can make any
claim for the unliquidated conjugal properties acquired during their
marriage.
WON Exhibit A is a valid and enforceable contract.
Held: 1. No 2. Yes
Ratio:
1.
The heirs of Simeon Blas and his wife Marta Cruz can no longer make
any claim for the unliquidated conjugal properties acquired during
said first marriage,
a. Because the same were already included in the mass of
properties constituting the estate of the deceased Simeon
Blas and in the adjudications made by virtue of his will, and
that the action to recover the same has prescribed.
b. The descendants of Marta Cruz can no longer claim the
conjugal properties that she and her husband may have
required during their marriage although no liquidation of
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
5.
6.
b. The promise does not refer to any properties that the maker
would inherit upon the death of her husband, because it is
her share in the conjugal assets.
c. That the kind of agreement or promise contained in Exhibit
"A" is not void under Article 1271 of the old Civil Code, has
been decided by the Supreme Court of Spain in its decision of
October 8, 19154
As this private document contains the express promise made by
Maxima Santos to convey in her testament, upon her death, one-half
of the conjugal properties she would receive as her share in the
conjugal properties, the action to enforce the said promise did not
arise until and after her death when it was found that she did not
comply with her above-mentioned promise. (Art. 1969, old Civil
Code.)
a. It is evident from a consideration of the above figures and
facts that Maxima Santos did not comply with her obligation
to devise one-half of her conjugal properties to the heirs and
legatees of her husband.
b. She does not state that she had complied with such
obligation in her will.
c. If she intended to comply therewith by giving some of the
heirs of Simeon Blas the properties mentioned above, the
most that can be considered in her favor is to deduct the
value of said properties from the total amount of properties
which she had undertaken to convey upon her death.
While I agree with the theory that the document Exhibit "A"
does not involve a contract on future inheritance but a
promise made by Maxima Santos to transmit one-half of her
share in the conjugal property acquired during her marriage
to Simeon Blas to the heirs and legatees of the latter, I am
however of the opinion that herein appellants have no cause
of action because Maxima Santos has Substantially complied
with her promise.
In the eyes of the law, the disputed lot did not pass into the hands of
petitioner and respondents as compulsory heirs of Rufo at any given point
in time.
In the present case, however, there is nothing in the subject Extrajudicial
Settlement to indicate any express stipulation for petitioner and
respondents to continue with their supposed co-ownership of the
contested lot.
It is true that under Article 1315 of the Civil Code of the Philippines,
contracts are perfected by mere consent; and from that moment,
the parties are bound not only to the fulfillment of what has been
expressly stipulated but also to all the consequences which,
according to their nature, may be in keeping with good faith, usage
and law.
Article 1306 of the same Code also provides that the contracting
parties may establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided these are not
contrary to law, morals, good customs, public order or public policy.
In the first place there is no co-ownership to talk about and no property
to partition, as the disputed lot never formed part of the estate of their
deceased father.
Moreover, petitioner's asseveration of his and respondents' intention of
continuing with their supposed co-ownership is negated by no less than
his assertions in the present petition that on several occasions he had the
chance to purchase the subject property back, but he refused to do so.
In fact, he claims that after the Bank acquired the disputed lot, it offered to
re-sell the same to him but he ignored such offer.
It appears from the recitals in the Extrajudicial Settlement that, at the
time of the execution thereof, the parties were not yet aware that the
subject property was already exclusively owned by the Bank.
Nonetheless, the lack of knowledge on the part of petitioner and
respondents that the mortgage was already foreclosed and title to the
property was already transferred to the Bank does not give them the right
or the authority to unilaterally declare themselves as co-owners of the
disputed property
NATURE: Petition for Review on Certiorari under Rule 45 of the 1997 Revised
Rules of Civil Procedure
FACTS:
1.
2.
3.
ISSUES:
1. Whether the Complaint for Reconveyance with Damages filed by
respondents spouses Lumbao is dismissible for their failure to comply with the
mandate of the Revised Katarungang Pambarangay Law under R.A. No. 7160?
NO
2. Whether the documents known as "Bilihan ng Lupa" are valid and
enforceable, thus, they can be the bases of the respondents spouses Lumbaos
action for reconveyance with damages? YES
HELD:
1. No, it is not dismissable.
3. Petitioners are legally bound to comply with the Bilihan ng Lupa documents.
3.
4.
5.
6.
2.
3.
1.
2.
Is the relationship by affinity created between the husband and the blood
relatives of his wife (as well as between the wife and the blood relatives of
her husband) dissolved by the death of one spouse, thus ending the
marriage which created such relationship by affinity?
Does the beneficial application of Article 332 cover the complex crime of
estafa thru falsification?
ARGUMENTS:
Petitioner
1. Petitioner contends that the Court of Appeals erred in not reversing the
orders of the trial court. It cites the commentary of Justice Luis B. Reyes in
his book on criminal law that the rationale of Article 332 of the Revised
Penal Code exempting the persons mentioned therein from criminal
liability is that the law recognizes the presumed co-ownership of the
property between the offender and the offended party.
2. Here, the properties subject of the estafa case were owned by Manolita
whose daughter, Zenaida Carungcong-Sato (Satos wife), died on January
28, 1991.
3. Hence, Zenaida never became a co-owner because, under the law, her
right to the three parcels of land could have arisen only after her mothers
death. Since Zenaida predeceased her mother, Manolita, no such right
came about and the mantle of protection provided to Sato by the
relationship no longer existed.
Respondent
1. Sato counters that Article 332 makes no distinction that the relationship
may not be invoked in case of death of the spouse at the time the crime
was allegedly committed.
2. Thus, while the death of Zenaida extinguished her marriage with Sato, it
did not dissolve the son-in-law and mother-in-law relationship between
Sato and Zenaidas mother, Manolita.
HELD: (Important- Nos. 5 & 6)
1.
2.
ISSUES:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
3.
4.
5.
6.
the offender to civil liability and frees him from criminal liability by virtue
of his relationship to the offended party.
In connection with the relatives mentioned in the first paragraph, it has
been held that included in the exemptions are parents-in-law, stepparents
and adopted children. By virtue thereof, no criminal liability is incurred by
the stepfather who commits malicious mischief against his stepson by the
stepmother who commits theft against her stepson; by the stepfather who
steals something from his stepson by the grandson who steals from his
grandfather; by the accused who swindles his sister-in-law living with him;
and by the son who steals a ring from his mother.
Affinity is the relation that one spouse has to the blood relatives of the
other spouse. It is a relationship by marriage or a familial relation resulting
from marriage. It is a fictive kinship, a fiction created by law in connection
with the institution of marriage and family relations.
As one Filipino author observed:
In case a marriage is terminated by the death of one of the spouses,
there are conflicting views.
However, the better view supported by most judicial authorities in
other jurisdictions is that, if the spouses have no living issues or
children and one of the spouses dies, the relationship by affinity is
dissolved.
It follows the rule that relationship by affinity ceases with the
dissolution of the marriage which produces it (Kelly v. Neely, 12 Ark.
657, 659, 56 Am Dec. 288).
On the other hand, the relationship by affinity is continued despite the
death of one of the spouses where there are living issues or children
of the marriage in whose veins the blood of the parties are
commingled, since the relationship of affinity was continued through
the medium of the issue of the marriage (Paddock vs. Wells, 2 Barb.
Ch. 331, 333.
The Court held that the above view is more consistent with the language
and spirit of Article 332(1) of the Revised Penal Code.
First, the terminated affinity view is generally applied in cases of jury
disqualification and incest. On the other hand, the continuing affinity
view has been applied in the interpretation of laws that intend to
benefit step-relatives or in-laws. Since the purpose of the absolutory
cause in Article 332(1) is meant to be beneficial to relatives by affinity
within the degree covered under the said provision, the continuing
affinity view is more appropriate.
7.
10
8.
It does not apply where any of the crimes mentioned under Article
332 is complexed with another crime, such as theft through
falsification or estafa through falsification.
The Information against Sato charges him with estafa. However, the
real nature of the offense is determined by the facts alleged in the
Information, not by the designation of the offense.
A reading of the facts alleged in the Information reveals that Sato is
being charged not with simple estafa but with the complex crime of
estafa through falsification of public documents.
The question may be asked: if the accused may not be held criminally liable
for simple estafa by virtue of the absolutory cause under Article 332 of the
Revised Penal Code, should he not be absolved also from criminal liability
for the complex crime of estafa through falsification of public documents?
No.
The purpose of Article 332 is to preserve family harmony and obviate
scandal.
Thus, the action provided under the said provision simply concerns the
private relations of the parties as family members and is limited to the
civil aspect between the offender and the offended party.
When estafa is committed through falsification of a public document,
however, the matter acquires a very serious public dimension and
goes beyond the respective rights and liabilities of family members
among themselves.
Effectively, when the offender resorts to an act that breaches public
interest in the integrity of public documents as a means to violate the
property rights of a family member, he is removed from the protective
mantle of the absolutory cause under Article 332.
In considering whether the accused is liable for the complex crime of
estafa through falsification of public documents, it would be wrong to
consider the component crimes separately from each other. In other
words, while there are two crimes, they are treated only as one,
subject to a single criminal liability.
11
2.
3.
Issue:
1.
Ruling:
Art. 633 of the Spanish Civil Code states that "In order that a donation of
real property be valid it must be made by public instrument in which the
property donated must be specifically described and the amount of the
encumbrances to be assumed by the donee expressed . . .." .
And this Court has held that a donation propter nuptias of real
property written on a private instrument is not valid even
between the parties.
But in 1901 when the gift was made, the law was contained in
the Spanish Civil Code, according to which, even between the
parties, the donation must be in a public instrument.
Realizing the force of plaintiffs' point, defendants emphasize that
the deed of donation constituted a title on which to base
acquisitive prescription, inasmuch as Severa possessed the land
from 1901 to March 1930 when she died.
i. it is obvious that normally, prescription by adverse
possession can not exist between husband and wife.
See Article 1109 Civil Code of the Philippines.
It follows that Flaviano Pacio continued to be the owner of the
land as the donation had no effect and there was no prescription.
Upon his death, the land became the joint property of his
children by the first and second marriage. Subject of course to
the rights of his surviving spouse, the plaintiff Toribia Fontanilla.
Maria Uson was the lawful wife of Faustino Nebreda who upon his
death left the lands involved in this litigation.
Faustino Nebreda left no other heir except his widow Maria Uson.
12
4.
5.
Issue:
Held:
NO.
1.
2.
However, plaintiff claims that when Faustino Nebreda died in 1945, his
common-law wife Maria del Rosario took possession illegally of said
lands thus depriving her of their possession and enjoyment.
In defense, Maria del Rosario et.al. argued that Maria Uson and her
husband executed a public document whereby they agreed to
separate as husband and wife
Thus, in consideration of their separation, Maria Uson was given a
parcel of land by way of alimony and in return she renounced her right
to inherit any other property that may be left by her husband upon his
death.
Does Maria del Rosario and the minor defendants have a right over
the parcel of land question?
3.
The property belongs to the heirs at the moment of the death of the
ancestor as completely as if the ancestor had executed and delivered
to them a deed for the same before his death
a. The claim of the defendants that Maria Uson had
relinquished her right over the lands in question because she
expressly renounced to inherit any future property that her
husband may acquire and leave upon his death in the deed of
separation they had entered into, cannot be entertained for
the simple reason that future inheritance cannot be the
subject of a contract nor can it be renounced
AS TO THE MINOR DEFENDANTS: rights which are declared for the
first time shall have retroactive effect even though the event which
gave rise to them may have occurred under the former legislation,
but this is so only when the new rights do not prejudice any vested
or acquired right of the same origin.
a. the right of ownership of Maria Uson over the lands in
question became vested in 1945 upon the death of her late
husband and this is so because of the imperative provision of
the law which commands that the rights to succession are
transmitted from the moment of death (Article 657, old Civil
Code).
b. The new right recognized by the new Civil Code in favor of the
illegitimate children of the deceased cannot, therefore, be
asserted to the impairment of the vested right of Maria Uson
over the lands in dispute.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
Facts:
1.
2.
3.
4.
In the instant case the respondent Court did not have to bother
ordering the opposing party to procure the appointment of a legal
representative of the deceased because her counsel has not only
asked that the minor children be substituted for her
but also suggested that their uncle be appointed as guardian ad
litem for them because their father is busy in Manila earning a
living for the family.
But the respondent Court refused the request for substitution on
the ground that the children were still minors and cannot sue in
court.
This is another grave error because the respondent Court ought to
have known that under the same Section 17, Rule 3 of the Rules
of Court, the court is directed to appoint a guardian ad litem for
the minor heirs.
Precisely in the instant case, the counsel for the deceased
plaintiff has suggested to the respondent Court that the uncle of
the minors be appointed to act as guardian ad litem for them.
Unquestionably, the respondent Court has gravely abused its
discretion in not complying with the clear provision of the Rules of
Court in dismissing the complaint of the plaintiff in Civil Case No.
856 and refusing the substitution of parties in the case.
4- ANGELA M. BUTTE, plaintiff-appellant,
vs.
MANUEL UY and SONS, INC., defendant-appellee.
G.R. No. L-15499
February 28, 1962 ; NILO
FACTS:
1) Jose V. Ramirez, during his lifetime, was a co-owner (1/6) of a house
and lot together with: Marie Garnier Vda. de Ramirez, 1/6; Jose E.
Ramirez, 1/6; Rita de Ramirez, 1/6; and Jose Ma. Ramirez, 1/6.
2) Jose V. Ramirez died. Subsequently, Special Proceeding was instituted
to settle his estate, that included the one-sixth (1/6) undivided share
in the aforementioned property.
And although his last will and testament, wherein he bequeathed
his estate to his children and grandchildren and one-third (1/3) of
the free portion to Mrs. Angela M. Butte, hereinafter referred to
as plaintiff-appellant, has been admitted to probate, the estate
proceedings are still pending up to the present on account of the
claims of creditors which exceed the assets of the deceased.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
3) Mrs. Marie Garnier Vda. de Ramirez, one of the co-owners of the Sta.
Cruz property, sold her undivided 1/6 share to Manuel Uy & Sons, Inc.
defendant-appellant.
4) Mrs. Angela M. Butte, thru Atty. Resplandor Sobretodo, sent a letter
and a Philippine National Bank cashier's check to Manuel Uy & Sons,
Inc. offering to redeem the 1/6 share sold by Mrs. Marie Garnier Vda.
de Ramirez.
5) This tender having been refused, plaintiff on the same day consigned
the amount in court and filed the corresponding action for legal
redemption.
ISSUE: whether or not plaintiff-appellant, having been bequeathed 1/3 of the
free portion of the estate of Jose V. Ramirez, can exercise the right of legal
redemption over the 1/6 share sold by Mrs. Marie Garnier Vda. de Ramirez
despite the presence of the judicial administrator and pending the final
distribution of her share in the testate proceedings.
RULING: YES. That the appellant Angela M. Butte is entitled to exercise the
right of legal redemption is clear. As testamentary heir of the estate of J.V.
Ramirez, she and her co-heirs acquired an interest in the undivided one-sixth
(1/6) share owned by her predecessor (causante) in the Santa Cruz property,
from the moment of the death of the aforesaid co-owner, J.V. Ramirez.
By law, the rights to the succession of a deceased persons are
transmitted to his heirs from the moment of his death, and the
right of succession includes all property rights and obligations that
survive the decedent.
ART. 776. The inheritance includes all the property, rights and obligations of a
person which are not extinguished by his death. (659)
ART. 777. The rights to the succession are transmitted from the moment of the
death of the decedent. (657a)
ART. 947. The legatee or devisee acquires a right to the pure and simple
legacies or devisees from the death of the testator, and transmits it to his heirs.
(881a)
ART. 1620. A co-owner of a thing may exercise the right of redemption in case
the shares of all the other-co-owners or of any of them, are sold to a third
15
Nor it can be argued that if the original share of Ramirez is sold by the
administrator, his heirs would stand in law as never having acquired
that share. This would only be true if the inheritance is repudiated or
the heir's quality as such is voided.
o But where the heirship is undisputed, the purchaser of
hereditary property is not deemed to have acquired the
title directly from the deceased Ramirez, because a dead
man can not convey title, nor from the administrator
who owns no part of the estate; the purchaser can only
derive his title from the Ramirez heirs, represented by
the administrator, as their trustee or legal
representative.
2.
3.
4.
Francisco, and at the time the agreement was made, the will was still
being probated with the CFI of Nueva Ecija.
Francisco de Borja, upon the death of his wife Josefa Tangco on 6
October 1940, filed a petition for the probate of her will
a. The will was probated on 2 April 1941
b. Francisco de Borja was appointed executor and
administrator:
c. Their son, Jose de Borja, was appointed co-administrator.
When Francisco died, Jose became the sole administrator of the
testate estate of his mother, Josefa Tangco.
a. While a widower Francisco de Borja allegedly took unto
himself a second wife, Tasiana Ongsingco.
b. Upon Francisco's death, Tasiana instituted testate
proceedings in the Court of First Instance of Nueva Ecija,
where, in 1955, she was appointed special administratrix.
The testate estate of Josefa Tangco alone has been unsettled for
more than a quarter of a century. In order to put an end to all these
litigations, a compromise agreement was entered into.
a. by and between "[T]he heir and son of Francisco de Borja by
his first marriage, namely, Jose de Borja personally and as
administrator of the Testate Estate of Josefa Tangco," and
"[T]he heir and surviving spouse of Francisco de Borja by his
second marriage, Tasiana Ongsingco Vda. de Borja.
Jose de Borja submitted for Court approval the agreement of 12
October 1963 to the Court of First Instance of Rizal, in Special
Proceeding No. R-7866; and again, on 8 August 1966, to the Court of
First Instance of Nueva Ecija, in Special Proceeding No. 832
a. The Rizal court approved the compromise agreement, but the
Nueva Ecija court declared it void and unenforceable.
b. Special administratrix Tasiana Ongsingco Vda. de de Borja
appealed the Rizal Court's order of approval (now Supreme
Court G.R. case No. L-28040), while administrator Jose de
Borja appealed the order of disapproval (G.R. case No. L28568) by the Court of First Instance of Nueva Ecija.
Issue: WON the compromise agreement is valid, even if the will of Francisco
has not yet been probated
Tasiana argues: that it was not valid because the heirs cannot enter
into such kind of agreement without first probating the will of
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
2.
3.
4.
5.
6- Go Ong v Court of Appeals,
No. L-75884, 24 September 1987G.R. No. L-49401
6.
On the loan there was due the sum of P828,000.00 and Allied Banking
Corporation tried to collect it from Julita Go Ong, (Exh. E).
Hence, the complaint alleging nullity of the contract for lack of judicial
approval which the bank had allegedly promised to secure from the
court.
In response thereto, the bank averred that it was plaintiff Julita Go Ong
who promised to secure the court's approval, adding that Julita Go Ong
informed the defendant that she was processed the sum of P300,000.00
by the JK Exports, Inc. which will also take charge of the interest of the
loan.
RTC: the mortgage constituted on said property, upon express authority of
plaintiff, notwithstanding the lack of judicial approval, is valid, with respect
to her conjugal share thereon, together with her hereditary rights.
Court of Appeals affirmed, with modification
18
While petitioner's assertion may have merit insofar as the rest of the
estate of her husband is concerned the same is not true as regards her
conjugal share and her hereditary rights in the estate.
The records show that petitioner willingly and voluntarily mortgaged the
property in question xxxx
hat at the time she executed the real estate mortgage, there was no court
order authorizing the mortgage, so she took it upon herself, to secure an
order.
xxxx Section 7 of Rule 89 of the Rules of Court is not applicable, since the
mortgage was constituted in her personal capacity and not in her
capacity as administratrix of the estate of her husband.
7- JOSE C. LEE AND ALMA AGGABAO vs. REGIONAL TRIAL COURT OF QUEZON
CITY BRANCH 85
G.R. No. 146006; February 23, 2004; Chants
FACTS:
1.
2.
Picardal, et al. vs. Lladas (21 SCRA 1483) and Fernandez, et al. vs. Maravilla (10
SCRA 589), further argues that in the settlement proceedings of the estate of
the deceased spouse, the entire conjugal partnership property of the marriage
is under administration.
While such may be in a sense true, that fact alone is not sufficient to
invalidate the whole mortgage, willingly and voluntarily entered into by
the petitioner.
An opposite view would result in an injustice.
This Court applied the provisions of Article 493 of the Civil Code, where
the heirs as co-owners shall each have the full ownership of his part and
the fruits and benefits pertaining thereto, and he may therefore alienate,
assign or mortgage it, and even effect of the alienation or mortgage, with
respect to the co-owners, shall be limited to the portion which may be
allotted to him in the division upon the termination of the co-ownership
(Philippine National Bank vs. Court of Appeals, 98 SCRA 207 [1980]).
xxxxxx mortgage constituted on the property under administration, by
authority of the petitioner, is valid, notwithstanding the lack of judicial
approval, with respect to her conjugal share and to her hereditary rights.
The fact that what had been mortgaged was in custodia legis is
immaterial,
insofar as her conjugal share and hereditary share in the property is
concerned for after all, she was the ABSOLUTE OWNER thereof.
Moreover, petitioner is already estopped from questioning the mortgage.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
3.
4.
5.
6.
7.
ISSUES: 1. Whether the lower court was correct in not approving the
Memorandum Agreement and in declaring void the deeds of sale? YES
2. Whether it correctly issued the order for execution? YES
HELD:
1. Memorandum of Agreement was correctly not approved. Deeds of sale are
void.
2. The intestate or probate court can execute its order nullifying the invalid
sale.
The intestate court has the power to execute its order with regard to
the nullity of an unauthorized sale of estate property, otherwise its
power to annul the unauthorized or fraudulent disposition of estate
property would be meaningless
o enforcement is a necessary adjunct of the intestate or
probate courts power to annul unauthorized or fraudulent
transactions to prevent the dissipation of estate property
before final adjudication
not dealing here with the issue of inclusion or exclusion of properties
in the inventory of the estate because there is no question that, from
the very start, the Philinterlife shares of stock were owned by the
decedent, Dr. Juvencio Ortaez. Rather, we are concerned here with
the effect of the sale made by the decedents heirs, Juliana Ortaez
and Jose Ortaez, without the required approval of the intestate
court.
o contention of petitioners that the determination of the
intestate court was merely provisional and should have been
threshed out in a separate proceeding is incorrect.
DECISION: Petition is hereby DENIED
ISSUES:
1. Is Elisoro legally obliged to convey title to the property, found by the lower
court to be a contract to sell?
2. Did the Probate Court have jurisdiction over the approval of the sale?
3. Can Lina apply to the Court for the approval of the sale?
4. Is Elisoro in Bad faith?
5. How much is Elisoros share in the property?
HELD:
First
NO, since the condition is the procurement of court approval and not the
payment of the purchase price
8- Heirs of Spouses REMEDIOS R. SANDEJAS and ELIODORO P. SANDEJAS SR. -ROBERTO R. SANDEJAS, ANTONIO R. SANDEJAS, CRISTINA SANDEJAS
MORELAND, BENJAMIN R. SANDEJAS, REMEDIOS R. SANDEJAS; and
heirs of SIXTO S. SANDEJAS II, RAMON R. SANDEJAS, TERESITA R.
SANDEJAS, and ELIODORO R. SANDEJAS JR., all represented by
ROBERTO R. SANDEJAS, petitioners, vs. ALEX A. LINA, respondent.
G.R. No. 141634. February 5, 2001
Panganiban, J.:
Second
FACTS:
Third
YES, the Probate Court has jurisdiction over it since it covers all matters relating
to the settlement of estates and the probate of wills of deceased persons,
including the appointment and removal of administrators and executors. It also
extends to incidental and collateral matters such as selling, mortgaging or
otherwise encumbering real property belonging to the estate.
21
1.
Because the other heirs did not consent to the sale of their ideal shares in the
disputed lots, it is only limited to the pro-indiviso share of Eliosoro.
2.
3.
Fourth
NO. SC held that he is not in bad faith because: (1) he informed Lina of the
need to secure court approval prior to the sale of the lots, and (2) he did not
promise he could obtain the approval.
4.
Fifth
His share is 11/20 of the entire property because he owned of these lots plus
a further 1/10 of the remaining half, in his capacity as one of the legal heirs.
5.
G.R. No. L-24434; January 17, 1968; P: Bengzon; by: Mickey Celles
Issue:
Doctrine:
(1) Upon the death of a ward, is the money accumulated in his guardianship
proceedings and deposited in a bank, still considered in custodia legis and
therefore cannot be attached?
Nature:
(2) Is the residuary estate of a U.S. veteran, which consists in the aggregate
accumulated sum from the monthly allowances given him by the United States
Veterans Administration (USVA) during his lifetime, exempt from execution?
Facts:
22
Ruling:
1.
2.
The new Rules of Court now specifically provides for the procedure to be
followed in case what is attached is in custodia legis. The clear import of
this new provision is that property undercustodia legis is now attachable
As a matter of fact, the guardianship proceedings was ordered
conditionally closed by the CFI of Zamboanga del Norte
the condition has long been fulfilled, because the Philippine
National Bank-Manila deposited the residuary estate of the ward
with the PNB-Dipolog Branch,
The rights to the succession of a person are transmitted from the
moment of death, and where, as in this case, the heir is of legal
age and the estate is not burdened with any debts, said heir
immediately succeeds, by force of law, to the dominion,
ownership, and possession of the properties of his predecessor
and consequently stands legally in the shoes of the latter.
That the interest of an heir in the estate of a deceased person
may be attached for purposes of execution, even if the estate is in
the process of settlement before the courts, is already a settled
matter in this jurisdiction
Therefore, the estate for all practical purposes have been settled.
The heirs are at full liberty to withdraw the residuary estate
from the PNB-Dipolog Branch and divide it among themselves.
i. The only reason they have not done so is because of the
alleged illegal withdrawal from said estate of the amount
of P1,080.00 by one Gloria Gomez by authority of Branch
I of the CFI of Zamboanga del Norte
Any pension, annuity, or gratuity granted by a Government to its officers
or employees in recognition of past services rendered, is primordially
aimed at tiding them over during their old age and/or disability.
This is therefore a right personalissima, purely personal because
founded on necessity.
It requires no argument to show that where the recipient dies, the
necessity motivating or underlying its grant necessarily ceases to
be.
11
i. Even more so in this case where the law providing for
the exemption is calculated to benefit U.S. veterans
residing here, and is therefore merely a manifestation of
comity.
4.
5.
6.
7.
Seven parcels of titled land and two parcels of untitled land were
owned by Celestino Salvador.
He executed a deed of sale over them in favor of the spouses Alfonso
Salvador and Anatolia Halili.
Hel later filed Alleging that the sale was void for lack of consideration,
he filed on May 12,1955, against said vendees, a suit for reconveyance
of said parcels of land.
Celestino Salvador died, testate. As his alleged heirs, twenty-one
persons substituted as plaintiffs in the action for reconveyance.
Meanwhile, special proceedings for the probate of his will and for
letters testamentary was instituted.
About three years later, pursuant to an order of the CFI of Bulacan, Br.
II, in the testacy proceedings, , one of the parcels of land involved, Lot
6, was sold so that with its proceeds debtors who filed claims may be
paid.
The Philippine National Bank bought it at P41,184.00. Said amount
was then deposited in the same bank by the administrator, subject to
Court order.
23
Issue:
Are the parcels of land and the proceeds of the sale of one of them, properties
of the estate or not?
Held:
1.
2.
1.
2.
3.
4.
5.
6.
7.
24
st
1 issue:
1. let it be remembered that the defendants-appellees, in availing
themselves of the defense that the plaintiffs-appellants had not been
declared to be the heirs of the deceased Victoriana Eguaras, have
overlooked the fact that the (defendants-appellees) themselves in
their petition for intestate proceedings (Case SC-99) have alleged that
Filemon Ramirez and Monica Ramirez,
- two of herein plaintiffs-appellants, are the heirs of the deceased.
Insofar as defendants-appellees are concerned, it is our opinion
that they are estopped from questioning the heirship of these two
named persons to the estate of the deceased.
2. There is no question that the rights to succession are automatically
transmitted to the heirs from the moment of the death of the
decedent.
- GENERAL RULE: While, as a rule, the formal declaration or
recognition to such successional rights needs judicial
confirmation, this Court has, under special circumstances,
protected these rights from encroachments made or attempted
before the judicial declaration.
- EXCEPTION:In Pascual vs. Pascual, it was ruled that although heirs
have no legal standing in court upon the commencement of
testate or intestate proceedings, this rule admits of an exception
as "when the administrator fails or refuses to act in which event
the heirs may act in his place."
3. A similar situation obtains in the case at bar. The administrator is
being charged to have been in collusion and connivance with the
mortgagees of a property of the deceased, allowing its foreclosure
without notifying the heirs, to the prejudice of the latter.
- Since the ground for the present action to annul the aforesaid
foreclosure proceedings is the fraud resulting from such insidious
machinations and collusion in which the administrator has
allegedly participated, it would be farfetched to expect the said
administrator himself to file the action in behalf of the estate.
- And who else but the heirs, who have an interest to assert and to
protect, would bring the action?
- Inevitably, this case should fall under the exception, rather than
the general rule that pending proceedings for the settlement of
the estate,
Rationale:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
25
2nd issue:
4. We fully agree with the plaintiffs-appellants that the lower court had
gone too far in practically adjudicating the case on the merits when it
made the observation
- that "there could not have been any connivance and/or collusion
between plaintiffs in this case and Artemio Diawan as
administrator."
- A thorough scrutiny of the allegations in the motions to dismiss
filed by defendants-appellees does not indicate that that question
was ever put at issue therein. On the other hand,
- the controversy on the existence or inexistence of collusion
between the parties as a result of which judgment was rendered
against the estate is the very core of the complaint that was
dismissed. Undoubtedly, the cause of action is based on Section
30, Rule 132 of the Rules of Court.
rd
3 issue:
5. the denial of the motion for the issuance of preliminary injunction
for it puts at issue the factual finding made by the lower court that the
defendants had already been placed in possession of the property.
6. At this stage of the proceeding, and considering the nature of the case
before Us, such a question is, at this time, beyond the competence of
the Court.
12- JOSELITO MUSNI PUNO (as heir of the late Carlos Puno)
vs.
PUNO ENTERPRISES, INC., represented by JESUSA PUNO
G.R. No. 177066
September 11, 2009 ; NILO
Doctrine: Upon the death of a stockholder, the heirs do not automatically
become stockholders of the corporation; neither are they mandatorily entitled
to the rights and privileges of a stockholder.
FACTS:
1) Carlos L. Puno, who died was an incorporator of respondent Puno
Enterprises, Inc.
2) Petitioner Joselito Musni Puno, claiming to be an heir of Carlos L.
Puno, initiated a complaint for specific performance against
a)
26
1. Oscar and private respondent Rodrigo C. Reyes are two of the four
2.
3.
4.
5.
6.
Facts:
27
a.
b.
Held: the RTC - sitting as special commercial court - has no jurisdiction to hear
Rodrigo's complaint since what is involved is the determination and distribution
of successional rights to the shareholdings of Anastacia Reyes.
c.
Ratio:
1. To determine whether a case involves an intra-corporate controversy, and is
to be heard and decided by the branches of the RTC specifically designated by
the Court to try and decide such cases, two elements must concur:
(a) the status or relationship of the parties
(b) the nature of the question that is the subject of their controversy.
2. Article 777 of the Civil Code declares that the successional rights are
transmitted from the moment of death of the decedent. Accordingly, upon
Anastacia's death, her children acquired legal title to her estate (which title
includes her shareholdings in Zenith), and they are, prior to the estate's
partition, deemed co-owners thereof.
a. This status as co-owners, however, does not immediately
and necessarily make them stockholders of the corporation.
b. Unless and until there is compliance with Section 63 of the
Corporation Code on the manner of transferring shares, the
heirs do not become registered stockholders of the
corporation.
c. The transfer of title by means of succession, though effective
and valid between the parties involved (i.e., between the
decedent's estate and her heirs), does not bind the
corporation and third parties. The transfer must be registered
in the books of the corporation to make the transferee-heir a
stockholder entitled to recognition as such both by the
corporation and by third parties.
3. The complaint is about the protection and enforcement of successional
rights.
xxxx
It is clear that trial courts trying an ordinary action
cannot resolve to perform acts pertaining to a special
proceeding because it is subject to specific prescribed
rules. [Emphasis supplied.]
4. Rodrigo's bare claim that the complaint is a derivative suit will not suffice to
confer jurisdiction on the RTC (as a special commercial court) if he cannot
comply with the requisites for the existence of a derivative suit. These
requisites are:
a.
the party bringing suit should be a shareholder during the time of the
act or transaction complained of, the number of shares not being
material;
b.
the party has tried to exhaust intra-corporate remedies, i.e., has made
a demand on the board of directors for the appropriate relief, but the
latter has failed or refused to heed his plea; and
c.
d.
28
NATURE: Petition for Review on Certiorari under Rule 45 of the 1997 Revised
Rules of Civil Procedure
FACTS:
11. Petitioners Virgilio, Victorino, Ernesto and Tadeo, all surnamed Santos,
are the legitimate and surviving heirs of the late Rita Catoc Santos
(Rita), who died on 20 October 1985.
a. petitioners Esperanza Lati and Lagrimas Santos are the
daughters-in-law of Rita.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
12. Respondents Spouses Jose Lumbao and Proserfina Lumbao are the
alleged owners of the 107-square meter lot (subject property), which
they purportedly bought from Rita during her lifetime.
13. On two separate occasions during her lifetime, Rita sold to
respondents Spouses Lumbao the subject property which is a part of
her share in the estate of her deceased mother, Maria Catoc (Maria),
who died intestate on 19 September 1978.
a. first occasion: Rita sold 100 square meters of her inchoate
share in her mothers estate through a document
denominated as "Bilihan ng Lupa," dated 17 August 1979
i. Respondents Spouses Lumbao claimed the execution
of the aforesaid document was witnessed by
petitioners Virgilio and Tadeo, as shown by their
signatures affixed therein.
b. second occasion: an additional seven square meters was
added to the land as evidenced by a document also
denominated as "Bilihan ng Lupa," dated 9 January 1981
14. Spouses Lumbao took actual possession thereof and erected thereon a
house which they have been occupying as exclusive owners up to the
present
15. Respondents Spouses Lumbao alleged that prior to her death, Rita
informed respondent Proserfina Lumbao she could not deliver the title
to the subject property because the entire property inherited by her
and her co-heirs from Maria had not yet been partitioned.
16. the Spouses Lumbao claimed that petitioners executed a Deed of
Extrajudicial Settlement, adjudicating and partitioning among
themselves and the other heirs, the estate left by Maria, which
included the subject property already sold to respondents Spouses
Lumbao
17. respondents Spouses Lumbao sent a formal demand letter to
petitioners but despite receipt of such demand letter, petitioners still
failed and refused to reconvey the subject property to the
respondents Spouses Lumbao.
18. Consequently, the latter filed a Complaint for Reconveyance with
Damages
19. The trial court denied the petition
20. Aggrieved, respondents Spouses Lumbao appealed to the Court of
Appeals; it was granted.
29
HELD:
1. No, it is not dismissable.
30
3. Petitioners are legally bound to comply with the Bilihan ng Lupa documents.
31
2.
3.
4.
Romarico G. Vitug filed a motion asking for authority from the probate
court to sell certain shares of stock and real properties belonging to
the estate to cover allegedly his advances to the estate in the sum of
P667,731.66, which he claimed were personal funds.
a. the alleged advances consisted of P58,147.40 spent for the
payment of estate tax, P518,834.27 as deficiency estate tax,
and P90,749.99 as "increment thereto."
He withdrew the sums of P518,834.27 and P90,749.99 from savings
account No. 35342-038 of the Bank of America, Makati, Metro Manila.
Rowena Corona opposed the motion to sell on the ground that the
same funds withdrawn from savings account No. 35342-038 were
conjugal partnership properties and part of the estate, and hence,
there was allegedly no ground for reimbursement
Vitug insists that the said funds are his exclusive property having
acquired the same through a survivorship agreement executed with
his late wife and the bank on June 19, 1970
ISSUE: 1. Whether the said funds are Vitugs exclusive property? YES
HELD:
1. The funds are Vitugs exclusive property.
2)
3)
4)
5)
6)
Da. Maria Solla died in June, 1883, leaving a will executed and
recorded in accordance with the laws then in force, but which had not
been probated in accordance with the Code of Civil Procedure.
There were named in said will, as legatees, Sergio Soll, Cayetano Solla,
Josefa Solla, Jacinto Serna, Rosenda Lagmay, Silvestra Sajor and Matias
Seveda, and Leandro Serrano, as universal heir, with their shares given
them by the will above-mentioned.
Said legatees or their descendants or heirs did not judicially claim their
legacies during the life-time of Leandro Serrano, of which he had
taken possession, neither was any testamentary proceeding instituted
for the settlement of the estate left by Maria Solla and that Leandro
Serrano did not deliver the legacies in question, which he possessed in
his name until his death, having declared the property for taxation as
his own and collected the income therefrom for himself.
That the plaintiffs Julian Solla, Lucia Solla, Ambrosio Lagmay, Rosenda
Lagmay, Francisco Serna, 2. Juana Baclig, Pedro Serna, Agapita Serna
and Pedro Garcia are the descendants or heirs of some of the original
legatees, two of whom are the plaintiffs Silvestra Sajor and Rosenda
Lagmay; and the defendants are heirs of Leandro Serrano.
That the property of the legacy situated in Cabugao passed into
possession of Simeon Serrano by virtue of Leandro Serrano's will as
executor thereof, and that said legacies have been and are mixed with
other property of the estate of Leandro Serrano.
The fifth and sixth assignments of error of defendants raise the
question of the true interpretation of the provisions of the last will of
the testratix Maria Solla in regard to the obligation imposed upon the
universal heir named by her, Leandro Serrano, and of the provisions of
the last will of the latter in regard to the obligation imposed by him
upon his heir, and executor Simeon Serrano, one of the herein
defendants-appellants.
a. Defendant contended that the trial court erred in interpreting
and holding that paragraph 3 of Leandro Serrano's will,
Exhibit C, ordered the delivery of the legacies left by Maria
Solla in her will Exhibit B, to the plaintiffs, and that said
paragraph affects each and everyone of the parcels of land in
the property deeds of Leandro Serano, Exhibits 1, 2, 3, 4, 5, 6,
and 7, and in holding that the said paragraph 3 of Leandro
Serrano's will cancels all of the rights acquired by him, and is
the immediate cause of the action brought by the plaintiffs;
7) The following are the pertinent parts of Maria Solla's will:
I desire and hereby name Leandro Serrano, my grandson, as my
universal heir who is a legitimate son of my son Modesto Solosa,
and is single;
and I desire him to comply with the obligation to give or deliver to
the parish priest of this town a sufficient sum of money necessary
for a yearly novena for an ordinary require mass for the first eight
days thereof and on the ninth, or last day, a solemn requiem
mass, with vigil and a large bier, for these masses and for the
repose of my soul and those of my parents, husband, children and
other relatives. I repeat and insist that my heir shall execute and
comply with this request without fail. And at the hour of his death
he will insist that his heirs comply with all that I have here
ordered.
8) The pertinent parts of the will of Leandro Serrano (Exhibit C) are as
follows:
I command my executor to put all of my property in order,
separating first the property of his deceased grandmother
Capitana Maria Solla, because she directed in her will that her
property be distributed strictly in conformity with her wishes and
as she earnestly requested the compliance of her bequests I
obligate my heirs to comply with the same;
On occupation of the fact that all of the property of the deceased
Capitana Solla was given to my son Simeon I order him not to
forget annually all the souls of the relatives of my grandmother
and also of nine and to have a mass said on the first and ninth
days of the yearly novena and that he erect a first class bier.
33
9)
The orders and requests that he could and should have fully complied
with during his lifetime were to distribute the legacies and to order his
heirs to comply with all her wishes specified in her will.
The order or request that he was able to comply with only partially
was to deliver to the parish priest a sufficient sum of money necessary
for the annual masses for the repose of the soul of Maria Solla and her
parents, husband, children and other relatives.
It is not logical to suppose that Maria Solla in ordering Leandro
Serrano to insist in his will that his heirs after his death comply with all
the requests contained in her said will, referred to the orders and
requests that he could and should comply with during his lifetime,
because neither is it logical nor reasonable to suppose that she for a
moment doubted that the person whom she had named as her
universal heir for, according to her, he was the only person in
whom she had any confidence would comply with her requests.
o If that is so, Maria Solla could not have referred to other than
the pious orders and requests, because, by reason of their
nature, they were the only ones which Leandro Serrano could
not wholly comply with during his lifetime, but that his heirs
would continue to do so.
o And Leandro Serrano, in complying with the requests of
Maria Solla in his will by ordering his son Simeon Serrano, to
whom he bequeathed all of the property received from the
former, to comply with all of the requests of the same, could
not have meant but those requests which Maria Solla wished
complied with by the heirs of Leandro Serrano which are
those relating to the pious bequests.
She confirms this on the fifth clause of her will
quoted above, in which she says: "On account of the
fact that all the property of the deceased Capitana
Solla is bequeathed to my son Simeon I order him
not to forget the souls of my grandmother's
relatives."
From this is evidently appears that Leandro Serrano
bequeathed all of the property of the deceased
Maria Solla to his son Simeon Serrano only in order
that he might comply with her pious requests.
Furthermore if to ease his conscience it had been
Leandro Serrano's desire to deliver the aforesaid
legacies to the legatees or to their successors in
34
5.
6.
7.
8.
9.
35
Ruling:
3.
5.
2.
3.
4.
5.
6.
7.
37
9.
She contends that upon the widow's death, she became vested with
the ownership of the real and personal properties bequeathed by the
late Nicolas Villaflor to clause 7 of his will, pursuant to its eight (8th)
clause.
The Court dismissed her case saying that appellant Leonor Villaflor, as
reversionary legatee, could succeed to the properties bequeathed by
clause 7 of the testament only in the event that the widow remarried.
Issue:
Held:
YES. The words of a will are to receive an interpretation which will give to
every expression some effect, rather than one which will render any of the
expressions inoperative; and of two modes of interpreting a will, that one is
to be preferred which will prevent intestacy." . (Art. 791 of Civil Code)
-
The widow was meant to have no more than a life interest in those
properties, even if she did not remarry at all, is evident from the
expressions used by the deceased "uso y posesion mientras viva" (use
and possession while alive) in which the first half of the phrase "uso y
posesion" instead of "dominio" or "propiedad") reinforces the second
("mientras viva").
The testator plainly did not give his widow the full ownership of
these particular properties, but only the right to their possession and
use (or enjoyment) during her lifetime. This is in contrast with the
remainder of the estate in which she was instituted universal heir
together with the testator's brother (clause 6).
if the testator had intended to impose as sole condition the nonremarriage of his widow, the words "uso y posesion mientras viva"
would have been unnecessary, since the widow could only remarry
during her own lifetime.
It necessarily follows that by the express provisions of the 8th clause
of his will, the legacies should pass to the testator's "sobrina nieta"
(neice), appellant herein, upon the widow's death, even if the widow
never remarried in her lifetime.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
1. Amos G. Bellis, born in Texas, was "a citizen of the State of Texas and
of the United States."
2. By his first wife, Mary E. Mallen, whom he divorced, he had five
legitimate children:
- Edward A. Bellis, George Bellis (who pre-deceased him in infancy),
Henry A. Bellis,
Alexander Bellis and
Anna Bellis Allsman;
- by his second wife, Violet Kennedy, who survived him, he had
three legitimate children:
- Edwin G. Bellis,
- Walter S. Bellis and
- Dorothy Bellis
- ; and finally, he had three illegitimate children: Amos Bellis, Jr.,
Maria Cristina Bellis and Miriam Palma Bellis.
3. On August 5, 1952, Amos G. Bellis executed a will in the Philippines, in
which he directed that after all taxes, obligations, and expenses of
administration are paid for, his distributable estate should be divided,
in trust, in the following order and manner:
(a) $240,000.00 to his first wife, Mary E. Mallen;
38
7. On January 17, 1964, Maria Cristina Bellis and Miriam Palma Bellis
filed their respective oppositions to the project of partition
-
39
5.
6.
7.
FACTS:
1) Tomas Rodriguez died. Manuel Torres, one of the executors named in
the will asked that the will of Rodriguez be allowed.
2) Opposition was entered by Margarita Lopez, the first cousin of the
deceased on the grounds:
(1) That the testator lacked mental capacity because at the
time of senile dementia and was under guardianship;
(2) that undue influence had been exercised by the persons
benefited in the document in conjunction with others who
acted in their behalf; and
(3) that the signature of Tomas Rodriguez to the document
was obtained through fraud and deceit.
3) On certain facts pertaining to the condition of Tomas Rodriguez while
he was living and when he made the will:
- Rodriguez had reached the advanced age of 76 years.
- He was suffering from anemia, hernia inguinal, chronic dypsia,
and senility. Physically he was a wreck.
4) As to the mental state of Tomas Rodriguez on January 3, 1924:
- Doctors Calderon, Domingo and Herrera admit that he was senile.
- They, together with Doctors De los Angeles, Tietze, and Burke,
further declare that his memory however for remote events was
generally good. He was given to irrational exclamations
symptomatic of a deceased mind.
- While, however, Doctors Calderon Domingo, and Herrera certify
that the intellectual faculties of the patient are "sound, except
that his memory is weak," and that in executing the will the
40
of heirs will not, however, in itself indicate that the will was the
offspring of an unsound mind.
Bugnao vs. Ubag Testamentary incapacity does not necessarily require that
a person shall actually be insane or of an unsound mind. Weakness of intellect,
whether it arises from extreme old age, from disease, or great bodily infirmities
of suffering, or from all these combined, may render the testator in capable of
making a valid will, providing such weakness really disqualifies for from
knowing or appreciating the nature, effects, or consequences of the act she is
engaged in.
Nagtas vs. Paquio The rule is thus stated:
a) The question is not so much, what was the degree of memory
possessed by the testator as had, he a disposing memory? Was he
able to remember the property he was about to bequeth the manner
of distributing it and the object of his bounty? In a word, were his
mind and memory sufficiently sound to enable him to know and
understand the business in which he was engaged at the time when he
executed his will.'
b) While the inability of a person of advanced years to remember recent
events distinctly undoubtedly indicates a decay of the human
faculties, it does not conclusively establish senile dementia, which is
something more than a mere loss of mental power, resulting from old
age and is not only a feeble condition of the mind but a derangement
thereof. . . .
o The rule is settled in this state that if a testator at the time he
executes his will understand the business in which he is
41
CASE AT BAR:
Mental Condition:
- Two of the subscribing witnesses to the will, one a physician clearly to
the regular manner in which the will was executed and to the
testator's mental condition.
- The other subscribing witness, also, a physician on the contrary
testified to a fact which, if substantiated, would require the court to
disallow the will.
- The attending physician and three other eminent members of the
medical fraternity, who were present at the execution of the will,
expressed opinions entirely favorable to the capacity of the testator.
- As against this we have the professional speculations of three other
equally eminent members of the medical profession when the will was
executed. The advantage on those facts is all with those who offer the
will for probate.
WILL:
-
Tomas Rodriguez may have been of advanced years, may have been
physically decrepit, may have been weak in intellect, may have
suffered a loss of memory, may have had a guardian and may have a
been extremely eccentric, but he still possessed the spark of reason
and of life, that strength of mind to form a fixed intention and to
summon his enfeebled thoughts to enforce that intention, which the
law terms "testamentary capacity."
Other topic:
There was no undue influence:
Tomas Rodriguez voluntary named Vicente F. Lopez as his
administrator. The latter subsequently became his guardian.
o There is every indication that of all his relatives Tomas
Rodriguez reposed the most confidence in Vicente F. Lopez
and his daughter Luz Lopez de Bueno.
o Again, it was Vicente F. Lopez, who, on the suggestion of
Rodriguez secured Maximino Mina to prepare the will, and it
was Luz Lopez de Bueno who appears to have gathered the
witnesses and physicians for the execution of the will.
o This faction of the Lopez family was also a favor through the
orders of Doctor Domingo as to who could be admitted to see
the patient.
FACTS:
1.
2.
3.
4.
5.
6.
7.
ISSUE:
Is the will void for being a reciprocal will?
HELD:
1.
2.
3.
4.
NO. What the law prohibits under Article 669 is two or more persons
making a will conjointly or in the same instrument, and not reciprocity in
separate wills.
Therefore, being in different instruments, the wills are deemed as valid.
In the case at bar, the institution of the spouses as universal heirs in their
respective wills is allowed.
The Court is correct in admitting the will to probate.
22- De Guzman v Intestate Estate Of Benitez
G.R. No. 61167-68
January 20, 1989 (osh)
43
5.
6.
7.
8.
ISSUE:
Whether or not the ruling of CA is correct? YES
HELD:
Plainly, the petition raises a purely factual issue, which We are not at
liberty to review because in an appeal by certiorari under Rule 45 of the
Rules of Court only questions of law which must be distinctly set forth, may
be raised.
In any event, the decision of the Court of Appeals reveals that that Court
carefully weighed the evidence on the question of the testamentary
capacity, or lack of it, of the deceased Francisco Benitez
found "no compelling reason to disturb the lower court's findings
and conclusions."
23- NENITA DE VERA SUROZA, complainant, vs. JUDGE REYNALDO P.
HONRADO of the Court of First Instance of Rizal, Pasig Branch 25 and
EVANGELINE S. YUIPCO, Deputy Clerk of Court, respondents.
A.M. No. 2026-CFI; December 19, 1981; AQUINO; Chants
FACTS:
1.
2.
3.
4.
5.
6.
7.
Mauro Suroza, a corporal in the 45th Infantry of the U.S. Army Fort
McKinley, married Marcelina Salvador in 1923
a. They were childless.
b. They reared a boy named Agapito who used the surname
Suroza and who considered them as his parents as shown in
his 1945 marriage contract with Nenita de Vera
Mauro died in 1942. Marcelina, as a veteran's widow, became a
pensioner of the Federal Government.
a. That explains why on her death she had accumulated some
cash in two banks.
Agapito and Nenita begot a child named Lilia who became a medical
technologist and went abroad.
a. Agapito also became a soldier. He was disabled and his wife
Nenita was appointed as his guardian in 1953 when he was
declared an incompetent
a woman named Arsenia de la Cruz wanted also to be his guardian in
another proceeding.
a. Arsenia tried to prove that Nenita was living separately from
Agapito and that she (Nenita) admitted to Marcelina that she
was unfaithful to Agapito
b. Judge Bienvenido A. Tan dismissed the second guardianship
proceeding and confirmed Nenita's appointment as guardian
of Agapito
Agapito has been staying in a veteran's hospital in San Francisco or
Palo Alto, California
spouses Antonio Sy and Hermogena Talan begot a child named
Marilyn Sy, who, when a few days old, was entrusted to Arsenia de
la Cruz (apparently a girl friend of Agapito) and who was later
delivered to Marcelina Salvador Suroza who brought her up as a
supposed daughter of Agapito and as her granddaughter
a. Marilyn used the surname Suroza. She stayed with Marcelina
but was not legally adopted by Agapito. She married Oscar
Medrano
Marcelina supposedly executed a notarial will in Manila on July 23,
1973, when she was 73 years old.
a. That will which is in English was thumbmarked by her. She
was illiterate.
44
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
a.
19.
20.
21.
22.
23.
45
ISSUE:
Was the will duly admitted to probate?
HELD
1.
2.
3.
4.
5.
FACTS:
1.
2.
3.
4.
6.
7.
8.
9.
YES. In requiring that each and every sheet of the will be signed on the left
margin by the testator and three witnesses in the presence of each other,
Act No. 2645 evidently has for its object the avoidance of substitution
of any of said sheets which may change the disposition of the testatrix.
But when these dispositions are wholly written on only one sheet, as in the
instant case, signed at the bottom by the testator and three witnesses,
their signatures on the left margin of said sheet are not anymore
necessary.
In requiring that each and every page of a will must be numbered
correlatively in letters placed on the upper part of the sheet, it is likewise
clear that the object of Act No. 2645 is to know whether any sheet of the
will has been removed.
But, when all the dispositive parts of a will are written on one sheet only,
the object of the statute disappears because the removal of this single
sheet, although unnumbered, cannot be hidden.
In a will consisting of two sheets, the first of which contains all the
testamentary dispositions, and is signed at the bottom by the testator and
three witnesses, and the second contains only the attestation clause, and
is signed also at the bottom by the three witnesses, it is not necessary that
both sheets be further signed on their margins by the testator and
the witnesses, or be paged.
The object of the solemnities surrounding the execution of wills is to close
the door against bad faith and fraud, to avoid substitution of wills and
testaments and to guaranty their truth and authenticity.
Therefore the laws on this subject should be interpreted in such a way as
to attain these primordal ends.
But, on the other hand, also one must not lose sight of the fact that it is
not the object of the law to restrain and curtail the exercise of the right to
make a will.
So when an interpretation already given assures such ends, any other
interpretation whatsoever, that adds nothing but demands more requisites
entirely unnecessary, useless and frustative of the testator's last will, must
be disregarded.
46
2.
Garcia v. Lacuesta
G.R. No. L-4067
November 29, 1951
Doctrine: After mature reflection, we are not prepared to liken the mere sign
of the cross to a thumbmark, and the reason is obvious. The cross cannot and
does not have the trustworthiness of a
thumbmark.chanroblesvirtualawlibrary chanrobles virtual law library
The will appears to have been signed by Atty. Florentino Javier who
wrote the name of Antero Mercado, followed below by "A reugo del
testator" and the name of Florentino Javier.
Antero Mercado is alleged to have written a cross immediately
after his name. The Court of Appeals, reversing the judgement of
the Court of First Instance of Ilocos Norte, ruled that the
attestation clause failed:
(1) to certify that the will was signed on all the left margins of the
three pages and at the end of the will by Atty. Florentino Javier at
the express request of the testator in the presence of the testator
and each and every one of the witnesses;
(2) to certify that after the signing of the name of the testator by
Atty. Javier at the former's request said testator has written a
cross at the end of his name and on the left margin of the three
pages of which the will consists and at the end thereof;
- (3) to certify that the three witnesses signed the will in all the
pages thereon in the presence of the testator and of each other.
the attestation clause is fatally defective for failing to state that Antero
Mercado caused Atty. Florentino Javier to write the testator's name
under his express direction, as required by section 618 of the Code of
Civil Procedure.
-
Facts:
1.
47
ISSUE: Does the signature of Dr. Juan A. Abello above the typewritten
statement "Por la Testadora Anacleta Abellana . . ., Ciudad de Zamboanga,"
comply with the requirements of law prescribing the manner in which a will
shall be executed?
HELD: the said will of the deceased Anacleta Abellana may not be admitted to
probate.
Article 805 of the Civil Code, in part provides as follows:
Every will, other than a holographic will, must be subscribed at the
end thereof by the testator himself or by the testator's name written
by some other person in his presence, and by his express direction,
and attested and subscribed by three or more credible witness in the
presence of the testator and of one another.
the important thing is that it clearly appears that the name of the
testatrix was signed at her express direction; it is unimportant
whether the person who writes the name of the testatrix signs his own
or not.
In the case at bar the name of the testatrix, Anacleta Abellana, does
not appear written under the will by said Abellana herself, or by Dr.
Juan Abello.
There is, therefore, a failure to comply with the express requirement
in the law that the testator must himself sign the will, or that his name
be affixed thereto by some other person in his presence and by his
express direction.
1. Under Article 805 of the Civil Code, the will must be subscribed or
signed at its end by the testator himself or by the testator's name
written by another person in his presence, and by his express
direction, and attested and subscribed by three or more credible
witnesses in the presence of the testator and of one another.
a. It must be noted that the law uses the
terms attested and subscribed Attestation
consists
in
witnessing the testator's execution of the will in order to see
and take note mentally that those things are, done which the
statute requires for the execution of a will and that the
signature of the testator exists as a fact. On the other hand,
subscription is the signing of the witnesses' names upon the
same paper for the purpose of Identification of such paper as
the will which was executed by the testator. (Ragsdale v. Hill,
269 SW 2d 911).
b. Insofar as the requirement of subscription is concerned, it is
our considered view that the will in this case was subscribed
in a manner which fully satisfies the purpose of
Identification.
2. The signatures of the instrumental witnesses on the left margin of the
first page of the will attested not only to the genuineness of the
signature of the testatrix but also the due execution of the will as
embodied in the attestation clause.
a. While perfection in the drafting of a will may be desirable,
unsubstantial departure from the usual forms should be
ignored, especially where the authenticity of the will is not
assailed. (Gonzales v. Gonzales, 90 Phil. 444, 449).
3. The objects of attestation and of subscription were fully met and
satisfied in the present case when the instrumental witnesses signed
at the left margin of the sole page which contains all the testamentary
dispositions, especially so when the will was properly Identified by
subscribing witness Vicente Timkang to be the same will executed by
the testatrix.
a. There was no question of fraud or substitution behind the
questioned order.
4. We have examined the will in question and noticed that the
attestation clause failed to state the number of pages used in writing
the will.
a. This would have been a fatal defect were it not for the fact
that, in this case, it is discernible from the entire wig that it
49
b.
c.
d.
JOSE ANTONIO GABUCAN, vs. HON. JUDGE LUIS D. MANTA, JOSEFA G. VDA.
DE YSALINA and NELDA G. ENCLONAR,
No. L-51546. January 28, 1980.*
What the probate court should have done was to require the petitioner or
proponent to affix the requisite thirty-centavo documentary stamp to the
notarial acknowledgment of the will which is the taxable portion of that
document.
Thus, it was held that the documentary stamp may be affixed at the time
the taxable document is presented in evidence (Del Castillo vs. Madrilena,
49 Phil. 749).
In re Will of the deceased Leoncia Tolentino. VICTORIO PAYAD, petitioner
appellant, vs. AQUILINA TOLENTINO, oppositor-appellant.
G.R. No. L-42258; January 15, 1936; GODDARD; Chants
FACTS:
1.
FACTS:
1. This case is about the dismissal of a petition for the probate of a notarial
will on the ground that it does not bear a thirtycentavo documentary
stamp.
ISSUE: Whether or not the DST should be affixed to make the will valid.
HELD:
We hold that the lower court manifestly erred in declaring that, because
no documentary stamp was affixed to the will, there was no will and
testament to probate and, consequently, the alleged action must of
necessity be dismissed.
Trial court denied the probate of the alleged will of Leoncia Tolentino,
deceased
2. Will in question was executed by the deceased on September 7,
1933,one day before the death of the testatrix, contrary to the
contention of the oppositor that it was executed after her death
3. Denied probate on the ground that the attestation clause was not in
conformity with the requirements of law in that it is not stated
therein that the testatrix caused Attorney Almario to write her name
at her express direction.
ISSUE: 1. Whether the lower court was correct in denying probate? NO
HELD:
1.
on her behalf looked more like the handwriting of one of the other
witnesses to the will than that of the person whose handwriting it was
alleged to be
Issue:
Does the difference in the handwriting of the one who alleged to sign in the
name of testatrix looked more the handwriting of one of the other witness
render the will invalid despite the will being attested and subscribed by three
witnesses? NO
Ruling:
1.
Facts:
1.
2.
3.
2.
The Supreme Court does not believe that the mere dissimilarity in writing
thus mentioned by the court is sufficient to overcome the uncontradicted
testimony of all the witnesses to the will that the signature of the
testatrix was written by Severo Agayan at her request and in her presence
and in the presence of all the witnesses to the will.
It is immaterial who writes the name of the testatrix provided it
is written at her request and in her presence and in the presence
of all the witnesses to the execution of the will.
The high court does not believe that this contention of the probate court
can be sustained. Section 618 of the Code of Civil Procedure reads as
follows:
No will, except as provided in the preceding section, shall be valid
to pass any estate, real or personal, nor charge or effect the same,
unless it be in writing and signed by the testator, or by the
testator's name written by some other person in his presence,
and by his expenses direction, and attested and subscribed by
three or more credible witnesses in the presence of the testator
and of each. . . .
From these provisions it is entirely clear that, with respect to
the validity of the will, it is unimportant whether the person who
writes the name of the testatrix signs his own or not.
i. The important thing is that it clearly appears that the
name of the testatrix was signed at her express
direction in the presence of three witnesses and that
they attested and subscribed it in her presence and in
the presence of each other.
51
3.
4.
It may be wise as a practical matter that the one who signs the
testator's name signs also his own; but that it is not essential to
the validity of the will.
Nor is such requirement found in any other branch of the law. The
name of a person who is unable to write may be signed by
another by express direction to any instrument known to the
law.
The main thing to be established in the execution of the will is
the signature of the testator. If that signature is proved, whether
it be written by himself or by another at his request, it is none the
less valid, and the fact of such signature can be proved as
perfectly and as completely when the person signing for the
principal omits to sign his own name as it can when he actually
signs.
To hold a will invalid for the lack of the signature of the person signing the
name of the principal is, in the particular case, a complete abrogation of
the law of wills, as it rejects and destroys a will which the statute
expressly declares is valid.
Aside from the presentation of an alleged subsequent will the contestants
in this case have set forth no reason whatever why the will involved in
the present litigation should not be probated. The due and legal
execution of the will by the testatrix is clearly established by the proofs in
this case.
As to the defense of a subsequent will, that is resolved in case No.
6284 of which we have already spoken. We there held that said
later will not the will of the deceased.
Decision: The judgment of the probate court must be and is hereby reversed
and that court is directed to enter an order in the usual form probating the will
involved in this litigation.
Testacy of Sixto Lopez. JOSE S. LOPEZ, petitioner-appellee, vs. AGUSTIN
LIBORO, oppositor-appellant.
G.R. No. L-1787
August 27, 1948
TUASON, J.:
DOCTRINE: A statute requiring a will to be signed is satisfied if the signature
is made by the testators mark. (De Gala vs. Gonzales and Ona)
FACTS:
1.
2.
3.
Don Sixto Lopez, who died at 83 in Balayan Batangas, had a last will and
testament.
The will in question comprises two pages, each of which is written on
one side of a separate sheet.
Agustin Liboro opposed the probate of the will on the following grounds:
that the deceased never executed the alleged will
that his signature appearing in said will was a forgery
that at the time of the execution of the will, he was wanting in
testamentary as well as mental capacity due to advanced age
that, if he did ever execute said will, it was not executed and attested
as required by law, and one of the alleged instrumental witnesses was
incapacitated to act as such; and it was procured by duress, influence
of fear and threats and undue and improper pressure and influence on
the part of the beneficiaries instituted therein, principally the
testator's sister, Clemencia Lopez, and the herein proponent, Jose S.
Lopez; and
that the signature of the testator was procured by fraud or trick
CFI ordered the probate of the last will and testament of Don Sixto Lopez.
ISSUES:
1.
2.
HELD:
First: NO, it did not.
1. In the present case, the omission to put a page number on the first sheet,
if that be necessary, is supplied by other forms of identification more
trustworthy than the conventional numerical words or characters.
52
3.
4.
5.
The unnumbered page is clearly identified as the first page by the internal
sense of its contents considered in relation to the contents of the second
page.
By their meaning and coherence, the first and second lines on the second
page are undeniably a continuation of the last sentence of the testament,
before the attestation clause, which starts at the bottom of the preceding
page.
Furthermore, the unnumbered page contains the caption "TESTAMENTO,"
the invocation of the Almighty, and a recital that the testator was in full
use of his testamentary faculty, all of which, in the logical order of
sequence, precede the direction for the disposition of the marker's
property.
Again, as page two contains only the two lines above mentioned, the
attestation clause, the mark of the testator and the signatures of the
witnesses, the other sheet can not by any possibility be taken for other
than page one.
2.
5.
6.
7.
Issue:
1.
2.
Held:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
1.
NO.
A. Oppositors failed to establish, by preponderance of
evidence, said allegation and contradict the presumption
that the testator was of sound mind (Art. 800 NCC)
witness for the oppositors, Dr. Ramon Lamberte,
who, in some occasions, attended to the testator
months before her death, testified that Margarita
Mayores could engage in a normal conversation
and he even stated that the illness of the testator
does not warrant hospitalization
Not one of the oppositors witnesses has mentioned
any instance that they observed act/s of the testator
during her lifetime that could be construed as a
manifestation of mental incapacity.
The testator may be admitted to be physically weak
but it does not necessarily follow that she was not
of sound mind.
B. AS TO THE SIGNATURES AND THE ALLEGED PRESSURE AND
UNDUE INFLUENCE: There was a picture shown as evidence
which shows the following therefore contradicting the claims
of the petitioner:
The testator was affixing her signature in the
presence of the instrumental witnesses and the
notary. There is no evidence to show that the first
signature was procured earlier than February 2,
1987.
the testator was in a good mood and smiling with
the other witnesses while executing the subject will
C. AS TO THE INCLUSION OF ATTESTATION CALUS IN THE
COUNT OF PAGES:
error in the number of pages of the will as stated in
the attestation clause is not material to invalidate
the subject will
The error must have been brought about by the
honest belief that the will is the whole instrument
consisting of three (3) pages inclusive of the
attestation clause and the acknowledgement.
The position of the court is in consonance with the
doctrine of liberal interpretation enunciated in
Article 809 of the Civil Code
54
NO.
a.
4.
3.
4.
5.
4. The phrase "en el margen izquierdo de todas y cada una de las dos hojas de
que esta compuesto el mismo" which means "in the left margin of each and
every one of the two pages consisting of the same" shows that the will consists
of two pages. The pages are numbered correlatively with the letters "ONE" and
"TWO" as can be gleaned from the phrase "las cuales estan paginadas
correlativamente con las letras "UNO" y "DOS."
2. Art. 685. The notary and two of the witnesses who authenticate the will
must be acquainted with the testator, or, should they not know him, he shall
be identified by two witnesses who are acquainted with him and are known to
the notary and to the attesting witnesses. The notary and the witnesses shall
also endeavor to assure themselves that the testator has, in their judgment,
the legal capacity required to make a will.
a. On this point, the Court agrees with the appellate court in applying
the rule on substantial compliance in determining the number of
witnesses.
56
The probate petition adverted to only two (2) heirs, legatees and
devisees of the decedent, namely: petitioner himself, and one
Irene Lynn Igsolo, who was alleged to have resided abroad.
Petitioner prayed that the will be allowed, and that letters
testamentary be issued to the designated executor, Vart Prague.
2) The petition was opposed by Geralda Aida Castillo (Geralda Castillo),
who represented herself as the attorney-in-fact of "the 12 legitimate
heirs" of the decedent.
claimed that the will is a forgery.
asserted that the decedent was actually survived by 12 legitimate
heirs, namely her grandchildren, who were then residing abroad.
also argued that the will was not executed and attested to in
accordance with law. She pointed out that decedents signature
did not appear on the second page of the will, and the will was
not properly acknowledged. These twin arguments are among the
central matters to this petition.
3) RTC admitted the will to probate but the Court of Appeals reversed
the trial court and noted that the attestation clause failed to state the
number of pages used in the will, thus rendering the will void and
undeserving of probate.
4) Petitioner argues that the requirement under Article 805 of the Civil
Code that "the number of pages used in a notarial will be stated in the
attestation clause" is merely directory, rather than mandatory, and
thus susceptible to what he termed as "the substantial compliance
rule."
As admitted by petitioner himself, the attestation clause fails to
state the number of pages of the will. There was an incomplete
attempt to comply with this requisite, a space having been
allotted for the insertion of the number of pages in the attestation
clause
ISSUE: WON the will of Eugenia E. Igsolo is valid even if the attestation clause
failed to state the number of pages used in the will.
RULING: Invalid.
The purpose of requiring the number of sheets to be stated in the attestation
clause is obvious;
the document might easily be so prepared that the removal of a sheet
would completely change the testamentary dispositions of the will and
in the absence of a statement of the total number of sheets such
57
PETITIONER asserts Article 809 of the Civil Code which states: "In the absence
of bad faith, forgery, or fraud, or undue and improper pressure and influence,
defects and imperfections in the form of attestation or in the language used
therein shall not render the will invalid if it is proved that the will was in fact
executed and attested in substantial compliance with all the requirements of
article 805."
An examination of the will itself reveals a couple of even more critical defects
that should necessarily lead to its rejection:
1) The attestation clause was not signed by the instrumental
witnesses. While the signatures of the instrumental witnesses appear
on the left-hand margin of the will, they do not appear at the bottom
of the attestation clause which after all consists of their averments
before the notary public.
The attestation clause is "a memorandum of the facts attending
the execution of the will" required by law to be made by the
attesting witnesses, and it must necessarily bear their signatures.
An unsigned attestation clause cannot be considered as an act of
the witnesses, since the omission of their signatures at the
bottom thereof negatives their participation.
Article 805 particularly segregates the requirement that the
instrumental witnesses sign each page of the will, from the
requisite that the will be "attested and subscribed by [the
instrumental witnesses]." The respective intents are:
o The signatures on the left-hand corner of every page
signify, among others, that the witnesses are aware that
the page they are signing forms part of the will.
58
2)
2.
that they are the legally adopted son and daughter of the late
spouses Florentino Guerra and Eugenia Danila ;
59
3.
4.
5.
that the purported will and codicil subject of the petition were
procured through fraud and undue influence;
that the formalities required by law for the execution of a will and
codicil have not been complied with as the same were not
properly attested to or executed and not expressing the free will
and deed of the purported testatrix;
that the late Eugenia Danila had already executed on November 5,
1951 her last will and testament which was duly probated (Exhibit
4) and not revoked or annulled during the lifetime of the testatrix,
and that the petitioner is not competent and qualified to act as
administration of the estate.
7.
8.
issue/held: whether or not the last testament and its accompanying codicil
were executed in accordance with the formalities of the law, considering the
complicated circumstances that two of the attesting witnesses testified against
their due execution while other non-subscribing witnesses testified to the
contrary? YES
Rationale:
Private respondent: the declaration of the two surviving witnesses, Odon
Sarmiento and Rosendo Paz, that the will was not signed by the testatrix before
their presence, which is strengthened by two photographic evidence showing
only the two witnesses in the act of signing, there being no picture of the same
occasion showing the testatrix signing the will
Court:
1.
6.
On December 6, 1968, the intervenors also filed a motion for new trial
and/or re-hearing and/or relief from judgment and to set aside the
judgment based on compromise d
60
2.
3.
4.
hence, the latter may present other proof of due exemption even
if contrary to the testimony of or all of the at, testing witness.
As a rule, if any or all of the submitting witness testify against the
due execution of the will, or do not remember having attested to
it, or are otherwise of doubtful ability,
the will may, nevertheless, be allowed if the court is satisfied from
the testimony of other witness and from all the evidence
presented that the will was executed and attested in the manner
by law.
Accordingly, although the subscribing witnesses to a contested
will are the best witness in connection with its due execution,
61
7.
5.
6.
The fact that the only pictures available are those which show the
Witnesses signing the will in the presence of the testatrix and of
each other does not belie the probability that the testatrix also
signed the will before the presence of the witnesses.
We must stress that the pictures are worthy only of what they
show and prove and not of what they did not speak of including
the events they failed to capture.
that the failure to imprint in photographs all the stages in the
execution of the win does not serve any persuasive effect nor
have any evidentiary value to prove that one vital and
indispensable requisite has not been acted on.
The records show that this attesting witness was fetched by Felix
Danila from his place of work in order to act as witness to a wilt
Rosendo Paz did not know what the document he signed was all
about.
Although he performed his function as an attesting witness, his
participation was rather passive.
We do not expect, therefore, that his testimony, "half-hearted" as
that of Odon Sarmiento, be as candid and complete as one
proceeding from a keen mind fully attentive to the details of the
execution of the deeds.
. There is no evidence to show that the lawyer was motivated by
any material interest to take sides or that his statement is truth
perverted.
that the function of the Notary Public is, among others, to guard
against any illegal or immoral arrangements in the execution of a
will.
In the absence of any showing of self-interest that might possibly
have warped his judgment and twisted his declaration,
the intervention of a Notary Public, in his professional capacity, in
the execution of a will deserves grave consideration.
62
1.
2.
3.
4.
5.
6.
7.
Lutgarda Santiago and Rizalina Gonzales are nieces of the late Isabel
Andres Gabriel.
Lutgarda filed a petition for the probate of a will alleged to have been
executed by the deceased and designated Lutgarda as the principal
beneficiary and executrix.
There is no dispute that Isabel died as a widow and without issue.
The will submitted consists of five (5) pages and includes the pages
whereon the attestation clause and the acknowledgment of the notary
public were written.
The signatures of the deceased Isabel Gabriel appear at the end of the will
on page four and at the left margin of all the pages.
The petition was opposed by Rizalina assailing that the will is not genuine
and was not executed and attested as required by law.
The lower court disallowed the probate of said will and as a consequence,
Lutgarda appealed to Court of Appeals reversed the lower courts decision
and allowed the probate of the will. Rizalina filed a motion for
reconsideration but the same was denied. Hence this present action.
ISSUE: Whether or not the will was executed and attested as required by law.
RULING:
Article 820 of the Civil Code provides for the qualifications of a witness to
the execution of wills while Article 821 sets forth the disqualification from
being a witness to a will.
In probate proceedings, the instrumental witnesses are not character
witnesses for they merely attest the execution of a will or testament and
affirm the formalities attendant to said execution.
And we agree with the respondent that the rulings laid down in the cases
cited by petitioner concerning character witnesses in naturalization
proceedings are not applicable to instrumental witnesses to wills executed
under the Civil Code of the Philippines.
In the case at bar, the finding that each and everyone of the three
instrumental witnesses are competent and credible is satisfactorily
supported by the evidence as found by the respondent Court of Appeals,
which findings of fact this Tribunal is bound to accept and rely upon.
Moreover, petitioner has not pointed to any disqualification of any of the
said witnesses.
She argues that the requirement in Article 806, Civil Code, that the
witnesses must be credible is an absolute requirement which must be
complied with before an alleged last will and testament may be admitted
to probate and that to be a credible witness,
there must be evidence on record that the witness has a good standing in
his community, or that he is honest and upright, or reputed to be
trustworthy and reliable.
According to petitioner, unless the qualifications of the witness are first
established, his testimony may not be favorably considered.
Petitioner contends that the term credible is not synonymous with
competent for a witness may be competent under Article 820 and 821
of the Civil Code and still not be credible as required by Article 805 of the
same Code.
It is further urged that the term credible as used in the Civil Code should
receive the same settled and well-known meaning it has under the
Naturalization Law, the latter being a kindred legislation with the Civil
Code provisions on wills with respect to the qualifications of witnesses.
Supreme Court
We find no merit to petitioners first assignment of error.
Under the law, there is no mandatory requirement that the witness
testify initially or at any time during the trial as to his good standing in
the community, his reputation for trustworthiness and reliableness, his
63
Subscribing witness was in the small room with the testator and the
other subscribing witnesses at the time when they attached their
signatures to the instrument
subscribing witness has been proven to have been in the
outer room at the time when the testator and the other
subscribing witnesses attached their signatures to the
instrument in the inner room, it would have been invalid as a
will, the attaching of those signatures under circumstances
not being done "in the presence" of the witness in the outer
room.
line of vision from this witness to the testator and the other
subscribing witnesses would necessarily have been impeded
by the curtain separating the inner from the outer one "at the
moment of inscription of each signature."
position of the parties with relation to each other at the
moment of the subscription of each signature must be such
that they may see each other sign if they choose to do so
o does not mean that the testator and the subscribing
witnesses may be held to have executed the
instrument in the presence of each other if it
appears that they would not have been able to see
each other sign at that moment, without changing
their relative positions or existing conditions.
at the moment when the witness Javellana signed the
document he was actually and physically present and in such
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
DECISION: Affirmed
IN THE MATTER OF THE TESTATE ESTATE OF THE LATE JOSEFA VILLACORTE.
CELSO ICASIANO, petitioner-appellee,
vs.
NATIVIDAD ICASIANO and ENRIQUE ICASIANO, oppositors-appellants.
G.R. No. L-18979
June 30, 1964
REYES, J.B.L., J.:
FACTS:
1. Testator: Josefa Villacorta, died in 1958
2. Petition for allowance and admission to probate of the alleged will, and for
the appointment of petitioner Celso Icasiano as executor
3.
4.
5.
6.
The will consists of 5 pages and while signed at the end and in every
page, it does not contain the signature of one of the attesting
witnesses, Atty. Jose V. Natividad, on page three
But the duplicate copy attached to the amended and supplemental
petition is signed by the testatrix and her three attesting witnesses in
each and every page.
Pages of the original and duplicate of said will were duly numbered
Attestation clause contains all the facts required by law to be recited
therein and is signed by the aforesaid attesting witnesses
Will is written in the language known to and spoken by the testatrix,
and that the attestation clause is in a language also known to and
spoken by the witnesses
The will was executed on one single occasion in duplicate copies, and
both the original and the duplicate copies were duly acknowledged
before Notary Public
Witness Natividad who testified on his failure to sign page three (3) of the
original, admits that he may have lifted two pages instead of one when he
signed the same, but affirmed that page three (3) was signed in his
presence.
Natividad Icasiano, a daughter of the testatrix, filed her opposition; and,
she petitioned to have herself appointed as a special administrator, to
which proponent objected.
Hence, the court issued an order appointing the Philippine Trust Company
as special administrator.
Enrique Icasiano, a son of the testatrix, also filed a manifestation adopting
as his own Natividad's opposition to the probate of the alleged will.
ISSUE:
1. Were the signatures of the testatrix appearing in the duplicate original
written by the same? YES
2. Is there adequate evidence of fraud or undue influence? NO
3. Should the Court deny probate, for the reason that one witness
inadvertently failed to sign? NO
4. Since the original will is existent, is the duplicate not entitled to probate?
NO
HELD:
First Issue
1.
We have examined the record and are satisfied, as the trial court was, that
the testatrix signed both original and duplicate copies of the will
spontaneously
In the presence of the three attesting witnesses, the notary public who
acknowledged the will; and Atty. Samson, who actually prepared the
documents
That the will and its duplicate were executed in Tagalog, a language
known to and spoken by both the testator and the witnesses
And read to and by the testatrix and Atty. Fermin Samson, together
before they were actually signed
That the attestation clause is also in a language known to and spoken
by the testatrix and the witnesses
The expert has, in fact, used as standards only three other signatures
of the testatrix besides those affixed to the original of the testament
2. Similarly, the alleged slight variance in blueness of the ink in the admitted
and questioned signatures does not appear reliable, considering the
standard and challenged writings were affixed to different kinds of paper,
with different surfaces and reflecting power.
Second Issue
1. The fact that some heirs are more favored than others is proof of neither
2. Diversity of apportionment is the usual reason for making a testament;
otherwise, the decedent might as well die intestate.
The testamentary dispositions that the heirs should not inquire into
other property and that they should respect the distribution made in
the will, under penalty of forfeiture of their shares in the free part do
not suffice to prove fraud or undue influence.
They appear motivated by the desire to prevent prolonged litigation
which, as shown by ordinary experience, often results in a sizeable
portion of the estate being diverted into the hands of non-heirs and
speculators.
Whether these clauses are valid or not is a matter to be litigated on
another occassion.
Third Issue
1. Impossibility of substitution of this page is assured not only the fact that
the testatrix and two other witnesses did sign the defective page, but also
by its bearing the coincident imprint of the seal of the notary public before
whom the testament was ratified by testatrix and all three witnesses.
2. The law should not be so strictly and literally interpreted as to penalize the
testatrix on account of the inadvertence of a single witness over whose
conduct she had no control, where the purpose of the law to guarantee
66
Testate estate of the late VICENTE CAGRO. JESUSA CAGRO, petitionerappellee, vs.PELAGIO CAGRO, ET AL., oppositors-appellants.
G.R. No. L-5826; April 29, 1953; P: Paras; by: Mickey Celles
4.
5.
Issue:
Does the contention of the appellee that signatures of the three witnesses on
the left-hand margin conform substantially to the law and may be deemed as
their signatures to the attestation clause proper? NO
Ruling:
5.
6.
The High Court agrees with the appellant. The attestation clause is 'a
memorandum of the facts attending the execution of the will required by
law to be made by the attesting witnesses, and it must necessarily bear
their signatures.
An unsigned attestation clause cannot be considered as an act of
the witnesses, since the omission of their signatures at the
bottom thereof negatives their participation.
The contention that signatures of the three witnesses on the left-hand
margin conform substantially to the law and may be deemed as their
signatures to the attestation clause is untenable.
Because said signatures are in compliance with the legal mandate
that the will be signed on the left-hand margin of all its pages.
If an attestation clause not signed by the three witnesses at the
bottom thereof, be admitted as sufficient, it would be easy to
add such clause to a will on a subsequent occasion and in the
absence of the testator and any or all of the witnesses
Decision: The appealed decision is reversed and the probate of the will in
question denied.
Facts:
JBL, Dissenting
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
67
Doctrine: The new Civil Code does not contain words requiring that the
testator and the witnesses should acknowledge the testament on the same day
or occasion that it was executed.
Facts:
1.
2.
3.
4.
Issue:
IS the codicil invalid?
68
2.
3.
69
Issue/held: WON the will was executed in accordance of Art 806 of the New
Civil Code? NO
Rationale:
1.
Garcia v. Gatchailan
G.R. No. L-20357 November 25, 1967
Doctrine:
2.
Facts:
1. This is an appeal taken by Pedro Reyes Garcia from the decision of the
2.
3.
4.
5.
70
3.
4.
5.
ISSUE: whether the supposed last will and testament of Valente Z. Cruz (Exhibit
"E") was executed in accordance with law, particularly Articles 805 and 806 of
the new Civil Code, the first requiring at least three credible witnesses to attest
and subscribe to the will, and the second requiring the testator and the
witnesses to acknowledge the will before a notary public.
RULING: the last will and testament in question was not executed in
accordance with law.
1)
2)
The notary public before whom the will was acknowledged cannot be
considered as the third instrumental witness since he cannot
acknowledge before himself his having signed the will. To
acknowledge before means to avow; to own as genuine, to assent, to
admit; and "before" means in front or preceding in space or ahead of.
Consequently, if the third witness were the notary public himself, he
would have to avow assent, or admit his having signed the will in front
of himself. This cannot be done because he cannot split his personality
into two so that one will appear before the other to acknowledge his
2.
3.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
4.
5.
6.
Issue: WON the will acknowledged by the testatrix and the instrumental
witnesses before a notary public acting outside the place of his commission
satisfy the requirement under Article 806 of the Civil Code
2.
3.
72
2.
3.
73
4.
5.
6.
7.
8.
9.
10.
11.
ISSUE: Was the will Glicerias true will, considering her eye defect? NO
HELD:
1. The testimony of the ophthalmologist who treated the deceased has first
hand knowledge of the actual condition of her eyesight.
2. Notwithstanding the operation and removal of the cataract in her left eye
and her being fitted with aphakic lens (used by cataract patients), her
vision remained mainly for viewing distant objects and not for reading
print.
3. Thus, the conclusion is inescapable that with the condition of her eyesight
in August, 1960, and there is no evidence that it had improved by 29
December 1960, Gliceria del Rosario was incapable of reading, and could
12.
13.
not have read the provisions of the will supposedly signed by her on 29
December 1960.
It is worth noting that the instrumental witnesses stated that she read the
instrument silently which is a conclusion and not a fact.
It is difficult to understand that so important a document containing the
final disposition of ones worldly possessions should be embodied in an
informal and untidily written instrument.
Or that the glaring spelling errors should have escaped her notice if she
had actually retained the ability to read the purported will and had done so
That Doa Gliceria should be able to greet her guests on her birthday,
arrange flowers and attend to kitchen tasks shortly prior to the alleged
execution of the testament Exhibit D, as appears from the photographs,
Exhibits E to E-l, in no way proves that she was able to read a closely
typed page, since the acts shown do not require vision at close range.
Neither is the signing of checks by her indicative of ability to see at normal
reading distances.
Writing or signing of ones name, when sufficiently practiced, becomes
automatic, so that, one need only to have a rough indication of the place
where the signature is to be affixed in order to be able to write it.
Thus, for all intents and purposes of the rules on probate, the deceased
Gliceria del Rosario was, as appellant oppositors contend, not unlike a
blind testator, and the due execution of her will would have required
observance of the provisions of Article 808 of the Civil Code.
ART. 808. If the testator is blind, the will shall be read to him twice; once,
by one of the subscribing witnesses, and again, by the notary public before
whom the will is acknowledged.
The rationale behind the requirement of reading the will to the testator if
he is blind or incapable of reading the will himself (as when he is illiterate),
is to make the provisions thereof known to him, so that he may be able to
object if they are not in accordance with his wishes.
There is nothing in the records to show that the above requisites have
been complied with.
Clearly, as already stated, the 1960 will sought to be probated suffers from
infirmity that affects its due execution.
In the Matter of the Probate of the Last Will and Testament of the Deceased
Brigido Alvarado, CESAR ALVARADO, petitioner, vs. HON. RAMON G.
GAVIOLA, JR., Presiding Justice, HON. MA. ROSARIO QUETULIO LOSA and
74
HELD:
1.
2. There has been substantial compliance with the requirements of Art. 808.
to consider his will as validly executed and entitled to probate, it is
essential that we ascertain whether Art. 808 had been complied with.
Article 808 requires that the will shall be read twice once, by one of
the instrumental witnesses and, again, by the notary public before
whom the will was acknowledged.
o purpose: make known to the incapacitated testator the
contents of the document before signing and to give him an
opportunity to object if anything is contrary to his
instructions.
Art. 808 was not followed strictly is beyond cavil.
75
The Court of First Instance of Manila admitted to probate the alleged will
and testament of the deceased Carlos Gil.
The oppositor Pilar Gil Vda. de Murciano appealed to this Court,
raising only question of law. Her counsel assigns the two following
alleged errors:
i. The trial court erred stop claiming that the alleged will of
CharlesGil was not made in accordance with the law
ii. That the Errors legalized the said will. (Google
translation)
76
The trial court based its decision on the parties agreement that said copy is
true and correct. If it were otherwise, they would not have so agreed,
considering that the defect is of an essential character and is fatal to the
validity of the attestation clause.
3. It will be noted that the attestation clause above quoted does not state
that the alleged testor signed the will.
It declares only that it was signed by the witnesses.
This is a fatal defect, for the precise purpose of the attestation
clause is to certify that the testator signed the will, this being the
most essential element of the clause.
It is said that the court may correct a mere clerical error.
This is too much of a clerical error for it effects the very essence
of the clause. Alleged errors may be overlooked or correct only in
matters of form which do not affect the substance of the
statement.
Issue: Does the last paragraph of the will cure in any way the fatal defect of the
attestation clause of the witnesses? NO
Ruling:
1.
2.
3.
Act No. 2645 of the Philippine Legislature, passed on July 1, 1916, besides
increasing the contents of the attestation clause, entirely suppressed the
above-quoted provision. This would show that the purpose of the
amending act was to surround the execution of a will with greater
guarantees and solemnities.
At first glance, it is queer that the alleged testator should have made an
attestation clause, which is the function of the witness. But the important
point is that he attests or certifies his own signature, or, to be accurate, his
signature certifies itself.
Consequently, the last paragraph of the will cannot cure in any
way the fatal defect of the attestation clause of the witnesses.
Adding zero to an insufficient amount does not make it sufficient.
The rules of statutory construction applies to the body of the will,
containing the testamentary provisions, but not to the
attestation clause, which must be so clear that it should not
require any construction.
There is no reason why wills should not be executed by complying
substantially with the clear requisites of the law, leaving it to the courts to
supply essential elements.
77
Held:
YES. What is fairly apparent upon a careful reading of the attestation clause
herein assailed is the fact that while it recites that the testator indeed signed
the will and all its pages in the presence of the three attesting witnesses and
states as well the number of pages that were used, the same does not
expressly state therein the circumstance that said witnesses subscribed their
respective signatures to the will in the presence of the testator and of each
other.
The phrase "and he has signed the same and every page thereof, on
the spaces provided for his signature and on the left hand margin,"
obviously refers to the testator and not the instrumental witnesses as
it is immediately preceded by the words "as his Last Will and
Testament."
On the other hand, although the words "in the presence of the
testator and in the presence of each and all of us" may, at first blush,
appear to likewise signify and refer to the witnesses, it must, however,
be interpreted as referring only to the testator signing in the presence
of the witnesses since said phrase immediately follows the words "he
has signed the same and every page thereof, on the spaces provided
for his signature and on the left hand margin."
What is then clearly lacking, in the final logical analysis , is the
statement that the witnesses signed the will and every page thereof
in the presence of the testator and of one another.
Petitioners are correct in pointing out that the aforestated defect in
the attestation clause obviously cannot be characterized as merely
involving the form of the will or the language used therein which
would warrant the application of the substantial compliance rule, as
contemplated in the pertinent provision thereon in the Civil Code
While it may be true that the attestation clause is indeed subscribed
at the end thereof and at the left margin of each page by the three
attesting witnesses, it certainly cannot be conclusively inferred
therefrom that the said witness affixed their respective signatures in
the presence of the testator and of each other since,
o as petitioners correctly observed, the presence of said
signatures only establishes the fact that it was indeed
signed, but it does not prove that the attesting witnesses
did subscribe to the will in the presence of the testator and
of each other.
78
80
6.
7.
2.
3.
4.
5.
8.
(c) the alleged testatrix acted by mistake and/or did not intend,
nor could have intended the said Will to be her last Will and
testament at the time of its execution.
On August 24, 1973, respondent Judge Jose C. Colayco issued an order
allowing the probate of the holographic Will
Respondent Luz Roxas de Jesus filed a motion for reconsideration
alleging inter alia that the alleged holographic Will of the deceased
Bibiana R. de Jesus was not dated as required by Article 810 of the
Civil Code.
- She contends that the law requires that the Will should contain
the day, month and year of its execution and that this should be
strictly complied with.
On December 10, 1973, respondent Judge Colayco reconsidered his
earlier order
and disallowed the probate of the holographic Will on the ground
that the word "dated" has generally been held to include the
month, day, and year
issue/held: WON the date FEB. /61 appearing on the holographic Will of the
deceased BibianRoxas de Jesus is valid? YES
rationale:
1. The court ruled in favor of the petitioner
- the present Civil Code omitted the phrase Aomes y dia and
simply requiresthat the holographic Will should be dated.
- The petitioners submit that the liberal construction of the
holographic Will should prevail.
2. This will not be the first time that this Court departs from a strict and
literal application of the statutory requirements regarding the due
execution of Wills.
We should not overlook the liberal trend of the Civil Code in the
manner of execution of Wills, the purpose of which, in case of
doubt is to prevent intestacy
3. the prevailing policy is to require satisfaction of the legal requirements
in order to guard against fraud and bad faith but without undue or
unnecessary curtailment of testamentary privilege
If a Will has been executed in substantial compliance with the
formalities of the law, and the possibility of bad faith and fraud in
the exercise thereof is obviated, said Will should be admitted to
probate
81
If the testator, in executing his Will, attempts to comply with all the
requisites, although compliance is not literal, it is sufficient if the
objective or purpose sought to be accomplished by such requisite is
actually attained by the form followed by the testator.
5. The purpose of the solemnities surrounding the execution of Wills
is to close the door against bad faith and fraud, to avoid
substitution of wills and testaments and to guaranty their truth
and authenticity
6. In particular, a complete date is required to provide against such
contingencies as that of two competing Wills executed on the same
day,
or of a testator becoming insane on the day on which a Will was
executed. There is no such contingency in this case.
7. We have carefully reviewed the records of this case and found no
evidence of bad faith and fraud in its execution nor was there any
substitution of Wins and Testaments.
- All the children of the testatrix agree on the genuineness of the
holographic Will of their mother and that she had the
testamentary capacity at the time of the execution of said Will.
8. GENERAL RULE: the "date" in a holographic Will should include the
day, month, and year of its execution.
- EXCEPTION :the case at bar, there is no appearance of fraud, bad
faith, undue influence and pressure and the authenticity of the
Will is established
and the only issue is whether or not the date "FEB./61"
appearing on the holographic Will is a valid compliance with
Article 810 of the Civil Code,
probate of the holographic Will should be allowed under the
principle of substantial compliance.
IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF MELECIO
LABRADOR. SAGRADO LABRADOR (Deceased), substituted by ROSITA
LABRADOR, ENRICA LABRADOR, and CRISTOBAL LABRADOR, petitionersappellants,
vs.
COURT OF APPEALS, GAUDENCIO LABRADOR, and JESUS
LABRADOR, respondents-appellees.
G.R. Nos. 83843-44 April 5, 1990; PARAS, J.: NILO
FACTS:
The law does not specify a particular location where the date should
be placed in the will. The only requirements are that the date be in the
will itself and executed in the hand of the testator. These
requirements are present in the subject will.
Held: Yes
Ratio:
83
2.
3.
Since the authenticity of the will was not contested, he was not
required to produce more than one witness;
a. But even if the genuineness of the holographic will were
contested, we are of the opinion that Article 811 of our
present Civil Code cannot be interpreted as to require the
compulsory presentation of three witnesses to identify the
handwriting of the testator, under penalty of having the
probate denied.
Since no witness may have been present at the execution of a
holographic will, none being required by law (Art. 810, new Civil
Code), it becomes obvious that the existence of witness possessing the
requisite qualifications is a matter beyond the control of the
proponent.
a. For it is not merely a question of finding and producing any
three witnesses; they must be witnesses "who know the
handwriting and signature of the testator" and who can
declare (truthfully, of course, even if the law does not so
express) "that the will and the signature are in the
handwriting of the testator".
b. There may be no available witness of the testator's hand; or
even if so familiarized, the witnesses may be unwilling to give
a positive opinion. Compliance with the rule of paragraph 1 of
Article 811 may thus become an impossibility.
c. As can be seen, the law foresees the possibility that no
qualified witness may be found (or what amounts to the
same thing, that no competent witness may be willing to
testify to the authenticity of the will), and provides for resort
to expert evidence to supply the deficiency.
It may be true that the rule of this article (requiring that three
witnesses be presented if the will is contested and only one if no
contest is had) was derived from the rule established for ordinary
testaments (cf. Cabang vs. Delfinado, 45 Phil., 291; Tolentino vs.
Francisco, 57 Phil., 742).
a. But it cannot be ignored that the requirement can be
considered mandatory only in the case of ordinary
testaments, precisely because the presence of at least three
witnesses at the execution of ordinary wills is made by law
essential to their validity (Art. 805).
b. Where the will is holographic, no witness need be present
(Art. 10), and the rule requiring production of three
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
4.
5.
3.
4.
5.
duress employed in the person of the testator, and will was written
voluntarily.
On June 28, 1990, Eugenia RamonalCodoy and Manuel Ramonal filed an
opposition to the petition for probate, alleging that the holographic will
was a forgery and that the same is even illegible.
Petitioners argued that the repeated dates incorporated or appearing
on will after every disposition is out of the ordinary.
If the deceased was the one who executed the will, and was not
forced, the dates and the signature should appear at the bottom
after the dispositions, as regularly done and not after every
disposition.
And assuming that the holographic will is in the handwriting of the
deceased, it was procured by undue and improper pressure and
influence on the part of the beneficiaries, or through fraud and
trickery.
Respondents presented six (6) witnesses and various documentary
evidence
To have a clear understanding of the testimonies of the witnesses, we
recite an account of their testimonies.
Augusto Neri, Clerk of Court, Court of First Instancexxxxx. He
produced and identified the records of the case. The documents
presented bear the signature of the deceased, MatildeSeoVda. de
Ramonal, for the purpose of laying the basis for comparison of the
handwriting of the testatrix, with the writing treated or admitted as
genuine by the party against whom the evidence is offered.
GenerosaSenon, election registrar of Cagayan de Oro, was presented
to produced and identify the voter's affidavit of the decedent.
However, the voters' affidavit was not produced for the same was
already destroyed and no longer available.
MatildeRamonalBinanay, xxx During those eleven (11) years of close
association the deceased, she acquired familiarity with her signature
and handwriting as she used to accompany her (deceased
MatildeSeoVda. de Ramonal) in collecting rentals from her various
tenantsxxxx
6.
7.
ISSUE: whether the provisions of Article 811 of the Civil Code are permissive or
mandatory. The article provides, as a requirement for the probate of a
contested holographic will, that at least three witnesses explicitly declare that
the signature in the will is the genuine signature of the testator.
HELD:
85
We are convinced, based on the language used, that Article 811 of the
Civil Code is mandatory.
The word "shall" connotes a mandatory order. We have ruled that
"shall" in a statute commonly denotes an imperative obligation and is
inconsistent with the idea of discretion and that the presumption is
that the word "shall," when used in a statute is mandatory.
Laws are enacted to achieve a goal intended and to guide against an evil
or mischief that aims to prevent.
In the case at bar, the goal to achieve is to give effect to the wishes of
the deceased and the evil to be prevented is the possibility that
unscrupulous individuals who for their benefit will employ means to
defeat the wishes of the testator.
So, we believe that the paramount consideration in the present
petition is to determine the true intent of the deceased.
An exhaustive and objective consideration of the evidence is
imperative to establish the true intent of the testator.
It will be noted that not all the witnesses presented by the respondents
testified explicitly that they were familiar with the handwriting of
testator.
Generosa E. Senon, the election registrar of Cagayan de Oro City, was
presented to identify the signature of the deceased in the voter's affidavit,
which was not even produced as it was no longer available.
What Ms.Binanay saw were pre-prepared receipts and letters of the
deceased, which she either mailed or gave to her tenants. She did not
declare that she saw the deceased sign a document or write a note.
In her testimony it was also evident that Ms.Binanaykept the fact
about the will from petitioners, the legally adopted children of the
deceased. Such actions put in issue her motive of keeping the will a
secret to petitioners and revealing it only after the death of
MatildeSeoVda. de Ramonal.
Evangeline Calugay declared that the holographic will was written, dated
and signed in the handwriting of the testator.
So, the only reason that Evangeline can give as to why she was familiar
with the handwriting of the deceased was because she lived with her
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
since birth. She never declared that she saw the deceased write a
note or sign a document.
From the testimonies of these witnesses, the Court of Appeals allowed
the will to probate and disregard the requirement of three witnesses in
case of contested holographic will, citing the decision in Azaola vs.
Singson, ruling that the requirement is merely directory and not
mandatory.
In the case of Ajero vs. Court of Appeals, we said that "the object of
the solemnities surrounding the execution of wills is to close the door
against bad faith and fraud, to avoid substitution of wills and
testaments and to guaranty their truth and authenticity. Therefore,
the laws on this subject should be interpreted in such a way as to
attain these primordial ends. But on the other hand, also one must not
lose sight of the fact that it is not the object of the law to restrain and
curtail the exercise of the right to make a will.
However, we cannot eliminate the possibility of a false document being
adjudged as the will of the testator, which is why if the holographic will is
contested, that law requires three witnesses to declare that the will was
in the handwriting of the deceased.
The will was found not in the personal belongings of the deceased
but with one of the respondents, who kept it even before the death
of the deceased.
In the testimony of Ms.Binanay, she revealed that the will was in her
possession as early as 1985, or five years before the death of the
deceased.
There was no opportunity for an expert to compare the signature and the
handwriting of the deceased with other documents signed and executed
by her during her lifetime.
The only chance at comparison was during the cross-examination of
Ms.Binanay when the lawyer of petitioners asked Ms.Binanay to
compare the documents which contained the signature of the
deceased with that of the holographic will and she is not a
handwriting expert.
Even the former lawyer of the deceased expressed doubts as to the
authenticity of the signature in the holographic will.
86
5.
6.
Judge found that Jose Rivera was not the son of the decedent but of a
different Venancio Rivera who was married to Maria Vital
a. The Venancio Rivera whose estate was in question was
married to Maria Jocson, by whom he had seven children,
including Adelaido.
b. Jose Rivera had no claim to this estate because the decedent
was not his father.
c. The holographic wills were also admitted to probate.
The decision of the trial court was affirmed by the then Intermediate
Appellate Court
HELD:
1. Jose Rivera is notthe son of Venancio Rivera.
FACTS:
1.
2.
3.
4.
In support of his claim that he was the sole heir of the late Venancio
Rivera, Jose sought to show that the said person was married in 1928
to Maria Vital, who was his mother.
o submitted the marriage certificate of the couple, his own
baptismal certificate where the couple was indicated as his
parents
o also presented Domingo Santos, who testified that Jose was
indeed the son of the couple and that he saw Venancio and
Jose together several times
o Jose himself stressed that Adelaido considered him a halfbrother and kissed his hand as a sign of respect whenever
they met
o He insisted that Adelaido and his brothers and sisters were
illegitimate children, sired by Venancio with Maria Jocson
Adelaido, maintained that he and his brothers and sisters were born to
Venancio Rivera and Maria Jocson, who were legally married and lived
as such for many years.
87
88
89
4.
5.
6.
Fausto E. Gan initiated them proceedings in the Manila CFI with a petition
for the probate of a holographic will
This was opposed by her surviving husband Ildefonso Yap asserted that
the deceased had not left any will, nor executed any testament during her
lifetime.
After hearing both parties, Hon. Ramon R. San Jose, Judge, refused to
probate the alleged will.
The motion for reconsideration failed, hence this appeal.
The will itself was not presented. Petitioner tried to establish its contents
and due execution by the statements in open court of Felina Esguerra,
Primitivo Reyes, Socorro Olarte and Rosario Gan Jimenez. Summarized as
follows:
Felicidad Esguerra mentioned to her first cousin, Vicente
Esguerra, her desire to make a will. She confided however that it
would be useless if her husband discovered or knew about it.
Vicente sought advice from bar reviewing nephew. The latter
replied it could be done without any witness, provided the
document was entirely in her handwriting, signed and dated by
her.
Felicidad wrote, signed and dated a holographic will substantially
of the tenor above transcribed, in the presence of her niece,
Felina Esguerra (daughter of Vicente), who was invited to read it.
Later, Felicidad was visited by a distant relative, Primitivo Reyes,
and she allowed him to read the will in the presence of Felina
Esguerra, who again read it
Days later, Socorro Olarte a cousin, and Rosario Gan Jimenez, a
niece visterd. To these she showed the will, again in the presence
of Felina Esguerra, who read it for the third time.
When Felicidad was confined Ildefonso tried to get from Felina
the will which was contained in the purse. She read the will for
the last time in the toilet before he gave it to him.
Two persons swore that on the alleged day the will was made that
Mrs. Felicidad Esguerra Yap made no will, and could have made
no will on that day.
The trial judge refused to credit the petitioner's evidence for several
reasons, the most important of which were these:
If she wanted to keep the will a secret it was strange to have done
it in front of a witness knowing it wasnt necessary.
It is improbable to have allowed others to read the will if it is to
be kept secret
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
If the intention was to conceal why was the will carried in the
purse where there is a big chance that the husband would acquire
of it and destroy it.
Issue:
May a holographic will be probated upon the testimony of witnesses who have
allegedly seen it and who declare that it was in the handwriting of the testator?
Ruling:
1. In the matter of holographic wills, no such guaranties of truth and veracity
are demanded, since they need no witnesses; provided however, that they
are "entirely written, dated, and signed by the hand of the testator
himself."
2. "In the probate of a holographic will" says the New Civil Code, "it shall be
necessary that at least one witness who knows the handwriting and
signature of the testator explicitly declare that the will and the signature
are in the handwriting of the testator.
If the will is contested, at least three such witnesses shall be
required.
In the absence of any such witnesses, (familiar with decedent's
handwriting) and if the court deem it necessary, expert testimony
may be resorted to."
The witnesses so presented do not need to have seen the
execution of the holographic will.
However, the oppositor may present other witnesses who also
know the testator's handwriting, or some expert witnesses, who
after comparing the will with other writings or letters of the
deceased, have come to the conclusion that such will has not
been written by the hand of the deceased.
And the court, in view of such contradictory testimony may use its
own visual sense, and decide in the face of the document,
whether the will submitted to it has indeed been written by the
testator.
3. Obviously, when the will itself is not submitted, these means of
opposition, and of assessing the evidence are not available. And then the
3
only guaranty of authenticity the testator's handwriting has
disappeared.
The Rules of Court, (Rule 77) approved in 1940 allow proof (and
probate) of a lost or destroyed will by secondary evidence the
testimony of witnesses, in lieu of the original document. Yet such
90
4.
5.
6.
7.
having no interest, could easily fall for it, and in court they would
in all good faith affirm its genuineness and authenticity.
And considering that the holographic will may consist of two or
three pages, and only one of them need be signed, the
substitution of the unsigned pages, which may be the most
important ones, may go undetected.
One more fundamental difference: in the case of a lost will, the
three subscribing witnesses would be testifying to a fact which
they saw, namely the act of the testator of subscribing the will;
whereas in the case of a lost holographic will, the witnesses
would testify as to their opinion of the handwriting which they
allegedly saw, an opinion which can not be tested in court, nor
directly contradicted by the oppositors, because the handwriting
itself is not at hand.
In addition to the dubious circumstances described in the appealed
decision, the Supreme Court find it hard to believe that the deceased
should show her will precisely to relatives who had received nothing from
it
These could pester her into amending her will to give them a
share, or threaten to reveal its execution to her husband Ildefonso
Yap.
FACTS:
1. Probate of Ricardo B. Bonillas Holographic Will petition filed by Marcela
Rodelas
91
ISSUE: May a holographic will, which was lost or cannot be found, be proved by
means of a photostatic copy? YES
HELD:
1. If the holographic will has been lost or destroyed and no other copy is
available, the will can not be probated because the best and only evidence
is the handwriting of the testator in said will.
2. It is necessary that there be a comparison between sample handwritten
statements of the testator and the handwritten will.
3. But, a photostatic copy or xerox copy of the holographic will may be
allowed because comparison can be made with the standard writings of
the testator.
4. In the case of Gan vs. Yap, 104 PHIL. 509, the Court ruled that "the
execution and the contents of a lost or destroyed holographic will may not
be proved by the bare testimony of witnesses who have seen and/or read
such will. The will itself must be presented; otherwise, it shall produce no
effect. The law regards the document itself as material proof of
authenticity."
5. But, in Footnote 8 of said decision, it says that "Perhaps it may be proved
by a photographic or photostatic copy. Even a mimeographed or carbon
copy; or by other similar means, if any, whereby the authenticity of the
handwriting of the deceased may be exhibited and tested before the
probate court,"
6. Evidently, the photostatic or xerox copy of the lost or destroyed
holographic will may be admitted because then the authenticity of the
handwriting of the deceased can be determined by the probate court.
2.
3.
4.
5.
6.
Issue:
Can the wills original unaltered text after subsequent alterations and
insertions were voided by the Trial Court for lack of authentication by the full
signature of the testatrix be probated with her as sole heir?
Held:
NO. With the erasures, cancellations and alterations made by the testatrix
herein, her real intention cannot be determined with certainty.
92
5.
issue/held: WON the will is executed in accordance with the formalities of the
law? the will is valid
rationale:
CA: e holographic will of Anne Sand was not executed in accordance with the
formalities prescribed by law. It held that Articles 813 and 814 of the New Civil
Code, ante, were not complied with
2.
3.
4.
2.
3.
4.
5.
6.
93
their presence does not invalidate the will itself. The lack of
authentication will only result in disallowance of such changes.
96
1. Article 795 of this same new Civil Code expressly provides: "The
validity of a will as to its form depends upon the observance of the
law in force at the time it is made."
a. The above provision is but an expression or statement of the
weight of authority to the affect that the validity of a will is
to be judged not by the law enforce at the time of the
testator's death or at the time the supposed will is
presented in court for probate or when the petition is
decided by the court but at the time the instrument was
executed.
b. Reason: in support of the rule is that although the will
operates upon and after the death of the testator, the wishes
of the testator about the disposition of his estate among his
heirs and among the legatees is given solemn expression at
3.
4.
5.
ISSUE:
Is it necessary to prove in this jurisdiction the existence of such law in West
Virginia as a prerequisiteto the allowance and recording of said will?Yes.
97
7.
Estate of Giberson
FACTS:
1.
98
3.
4.
5.
applicant argues that the article 635 of the Civil Procedure Code has
been repealed by the 78 rule, by virtue of section 13, article VIII of the
Constitution
Said article 635 of the code of Civil Procedure says so: The Testament
out of the Philippine Islands, given that this can authenticate and be
legalized in accordance with the laws of the State or country in which I
attach, you can authenticate, be legalized and register at the
Philippines, and will have the same effectiveness that if has been
granted in accordance with the laws of these islands.
A person may dispose of their property after his death by Testament.
o The granting of testamentary an act legal which can occur in
the Philippines or abroad
o If it is given in foreign country, you have to be made in
accordance with the laws of that country, which is universally
adopted rule.
Abroad are available after their death of their property in the
Philippines by Testament and is not forced to provide it in the
Philippines
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
99
ISSUE:
1. Does an error of law affect the conclusive effect of its decision? NO
2. Is the joint will valid as to the share of Gervasia who died later than
Bernabe? NO
HELD:
First
1. The final decree of probate, entered in 1939 by the Court of First Instance
of Cebu (when the testator, Bernabe de la Cerna, died), has conclusive
effect as to his last will and testament despite the fact that even then the
Civil Code already decreed the invalidity of joint wills, whether in favor of
the joint testators, reciprocally, or in favor of a third party (Art. 669, old
Civil Code).
2. The error thus committed by the probate court was an error of law, that
should have been corrected by appeal, but which did not affect the
jurisdiction of the probate court, nor the conclusive effect of its final
decision, however erroneous.
3. Petitioners, as heirs and successors of the late Bernabe de la Cerna, are
concluded by the 1939 decree admitting his will to probate.
Second
1. the Court of Appeals should have taken into account also, to avoid future
misunderstanding, that the probate decree in 1989 could only affect the
share of the deceased husband, Bernabe de la Cerna, and could not
include the disposition of the share of the wife, GervasiaRebaca, who was
then still alive, and over whose interest in the conjugal properties the
probate court acquired no jurisdiction, precisely because her estate could
not then be in issue.
4. Prior to the new Civil Code, a will could not be probated during the
testator's lifetime.
5. It follows that the validity of the joint will, in so far as the estate of the wife
was concerned, must be, on her death, reexamined and adjudicated de
novo, since a joint will is considered a separate will of each testator.
6. Thus regarded, the holding of the court of First Instance of Cebu that the
joint will is one prohibited by law was correct as to the participation of the
deceased GervasiaRebaca in the properties in question.
7. Therefore, the undivided interest of GervasiaRebaca should pass upon her
death to her heirs intestate, and not exclusively to the testamentary heir,
unless some other valid will in her favor is shown to exist, or unless she be
the only heir intestate of said Gervasia.
Furthermore
100
2.
3.
4.
Issue: WON the Philippine Law should goven the will of the deceased.
Arguments:
1. On executor's behalf: As the deceased Christensen was a
citizen of the State of California, the internal law thereof,
should govern the determination of the validity of the
testamentary provisions of Christensen's will, such law being
in force
in the State of California of which Christensen was a citizen.
2. Appellant: Insists that Article 946 should be applicable, and
in accordance therewith and following the doctrine of the
renvoi, the question of the validity of the testamentary
provision in question should be referred back to the law of
the decedent's domicile, which is the Philippines.
Held: Yes.
Ratio:
1.
2.
3.
4.
5.
6.
7.
102
The Philippine court must apply its own law as directed in the
conflict of laws rule of the state of the decedent, if the question has
to be decided, especially as the application of the internal law of
California provides no legitime for children while the Philippine law,
Arts. 887(4) and 894, Civil Code of the Philippines, makes natural
children legally acknowledged forced heirs of the parent recognizing
them.
2.
3.
4.
5.
6.
Issue:
Which law should governTexas law or Philippine law?
Held:
Texas Law. Amos G. Bellis, was a citizen of the State of Texas, U.S.A., and that
under the laws of Texas, there are no forced heirs or legitimes. Accordingly,
since the intrinsic validity of the provision of the will and the amount of
successional rights are to be determined under Texas law, the Philippine law
on legitimes cannot be applied to the testacy of Amos G. Bellis.
There was no application of renvoi doctrine but more of processual
presumption
o It is not disputed that the decedent was both a national of
Texas and a domicile thereof at the time of his death.
o So that even assuming Texas has a conflict of law rule
providing that the domiciliary system (law of the domicile)
should govern, the same would not result in a reference
back (renvoi) to Philippine law, but would still refer to Texas
law.
o Nonetheless, if Texas has a conflicts rule adopting the situs
theory (lexreisitae) calling for the application of the law of the
place where the properties are situated, renvoi would arise,
since the properties here involved are found in the
Philippines.
o In the absence, however, of proof as to the conflict of law
rule of Texas, it should not be presumed different from ours.
The oppositors misread/misapplied Article 17 based from the letter
and wisdom of the provision
o Whatever public policy or good customs may be involved in
our System of legitimes, Congress has not intended to
extend the same to the succession of foreign nationals. For it
has specifically chosen to leave, inter alia, the amount of
successional rights, to the decedent's national law. Specific
provisions must prevail over general ones.
o Congress deleted the phrase, "notwithstanding the provisions
of this and the next preceding article" when they
incorporated Art. 11 of the old Civil Code as Art. 17 of the
new Civil Code, while reproducing without substantial change
the second paragraph of Art. 10 of the old Civil Code as Art.
16 in the new.
o It must have been their purpose to make the second
paragraph of Art. 16 a specific provision in itself which must
be applied in testate and intestate succession.
103
Decision: DENIED
UY
HELD: VALID.
Although the two testators, who are husband and wife, instituted the
other as universal heir in their respective wills, said wills are not void
because they are not conjoint but are made in different instruments.
What the law prohibits is when two or more persons make a will
conjointly or mancomunadamente (together) or in the same
instrument.
FACTS:
1.
2.
3.
4.
5.
6.
7.
Lutgarda Santiago and Rizalina Gonzales are nieces of the late Isabel
Andres Gabriel.
Lutgarda filed a petition for the probate of a will alleged to have been
executed by the deceased and designated Lutgarda as the principal
beneficiary and executrix.
There is no dispute that Isabel died as a widow and without issue.
The will submitted consists of five (5) pages and includes the pages
whereon the attestation clause and the acknowledgment of the notary
public were written.
The signatures of the deceased Isabel Gabriel appear at the end of the will
on page four and at the left margin of all the pages.
The petition was opposed by Rizalina assailing that the will is not genuine
and was not executed and attested as required by law.
The lower court disallowed the probate of said will and as a consequence,
Lutgarda appealed to Court of Appeals reversed the lower courts decision
104
ISSUE: Whether or not the will was executed and attested as required by law.
RULING:
Article 820 of the Civil Code provides for the qualifications of a witness to
the execution of wills while Article 821 sets forth the disqualification from
being a witness to a will.
In probate proceedings, the instrumental witnesses are not character
witnesses for they merely attest the execution of a will or testament and
affirm the formalities attendant to said execution.
And we agree with the respondent that the rulings laid down in the cases
cited by petitioner concerning character witnesses in naturalization
proceedings are not applicable to instrumental witnesses to wills executed
under the Civil Code of the Philippines.
In the case at bar, the finding that each and everyone of the three
instrumental witnesses are competent and credible is satisfactorily
supported by the evidence as found by the respondent Court of Appeals,
which findings of fact this Tribunal is bound to accept and rely upon.
Moreover, petitioner has not pointed to any disqualification of any of the
said witnesses.
She argues that the requirement in Article 806, Civil Code, that the
witnesses must be credible is an absolute requirement which must be
complied with before an alleged last will and testament may be admitted
to probate and that to be a credible witness,
there must be evidence on record that the witness has a good standing in
his community, or that he is honest and upright, or reputed to be
trustworthy and reliable.
According to petitioner, unless the qualifications of the witness are first
established, his testimony may not be favorably considered.
Petitioner contends that the term credible is not synonymous with
competent for a witness may be competent under Article 820 and 821
of the Civil Code and still not be credible as required by Article 805 of the
same Code.
It is further urged that the term credible as used in the Civil Code should
receive the same settled and well-known meaning it has under the
Naturalization Law, the latter being a kindred legislation with the Civil
Code provisions on wills with respect to the qualifications of witnesses.
Supreme Court
We find no merit to petitioners first assignment of error.
Under the law, there is no mandatory requirement that the witness
testify initially or at any time during the trial as to his good standing in
the community, his reputation for trustworthiness and reliableness, his
honesty and uprightness in order that his testimony may be believed and
accepted by the trial court.
It is enough that the qualifications enumerated in Article 820 of the Civil
Code are complied with, such that
the soundness of his mind can be shown by or deduced from his
answers to the questions propounded to him,
that his age (18 years or more) is shown from his appearance,
testimony, or competently proved otherwise,
as well as the fact that he is not blind, deaf or dumb and
that he is able to read and write to the satisfaction of the Court,
and
that he has none of the disqualifications under Article 821 of the
Civil Code.
We reject petitioners contention that it must first be established in the
record the good standing of the witness in the community, his reputation
for trustworthiness and reliableness, his honesty and uprightness,
105
because such attributes are presumed of the witness unless the contrary
is proved otherwise by the opposing party.
We also reject as without merit petitioners contention that the term
credible as used in the Civil Code should be given the same meaning it
has under the Naturalization Law where the law is mandatory that the
petition for naturalization must be supported by two character witnesses
who must prove their good standing in the community, reputation for
trustworthiness and reliableness, their honesty and uprightness.
In probate proceedings, the instrumental witnesses are not character
witnesses for they merely attest the execution of a will or testament and
affirm the formalities attendant to said execution. And We agree with the
respondent that the rulings laid down in the cases cited by petitioner
concerning character witnesses in naturalization proceedings are not
applicable to instrumental witnesses to wills executed under the Civil
Code of the Philippines.
In the case at bar, the finding that each and everyone of the three
instrumental witnesses, namely, MatildeOrobia, CelsoGimpaya and
Maria Gimpaya, are competent and credible is satisfactorily supported by
the evidence as found by the respondent Court of Appeals, which findings
of fact this Tribunal is bound to accept and rely upon.
Petitioner cites American authorities that competency and credibility of a
witness are not synonymous terms and one may be a competent witness
and yet not a credible one.
She exacerbates that there is no evidence on record to show that
the instrumental witnesses are credible in themselves, that is,
that they are of good standing in the community since one was a
family driver by profession and the second the wife of the driver,
a housekeeper.
But the relation of employer and employee much less the humble social
or financial position of a person do not disqualify him to be a competent
testamentary witness.
In the strict sense, the competency of a person to be an instrumental
witness to a will is determined by the statute, that is Art. 820 and 821, Civil
Code, whereas his credibility depends on the appreciation of his testimony
and arises from the belief and conclusion of the Court that said witness is
telling the truth.
Thus, in the case of Vda. deAroyo v. El Beaterio del Santissimo Rosario de
Molo, No. L-22005, May 3, 1968, the Supreme Court held and ruled that:
Competency as a witness is one thing, and it is another to be a credible
witness, so credible that the Court must accept what he says. Trial courts
may allow a person to testify as a witness upon a given matter because
he is competent, but may thereafter decide whether to believe or not to
believe his testimony.
In fine, We state the rule that the instrumental witnesses in order to be
competent must be shown to have the qualifications under Article 820 of
the Civil Code and none of the disqualifications under Article 821 and
for their testimony to be credible, that is worthy of belief and
entitled to credence, it is not mandatory that evidence be first
established on record that the witnesses have a good standing in
the community or that they are honest and upright or reputed to
be trustworthy and reliable, for a person is presumed to be such
unless the contrary is established otherwise.
In other words, the instrumental witnesses must be competent
and their testimonies must be credible before the court allows
the probate of the will they have attested.
We, therefore, reject petitioners position that it was fatal for
respondent not to have introduced prior and independent proof
of the fact that the witnesses were credible witnesses, that is,
that they have a good standing in the community and reputed to
be trustworthy and reliable.
MOLO VS. MOLO
90 Phil 37
Where the act of destruction is connected with the making of another will so
as fairly to raise the inference that the testator meant the revocation of the
old to depend upon the efficacy of the new disposition intended to be
substituted, the revocation will be conditional and dependent upon the
106
In the mater of the estate of Jesus de Leon.IGNACIA DIAZ, petitionerappellant, vs. ANA DE LEON, opponent-appellee.
original will herein presented for probate having been destroyed with
animorevocandi, cannot now be probated as the will and last
testament of Jesus de Leon.
DECISION: Judgement is affirmed
108
8.
revoking it, by the testator himself, or by some other person in his presence, and
by his express direction. If burned, torn cancelled, or obliterated by some other
person, without the express direction of the testator, the will may still be
established, and the estate distributed in accordance therewith, if its contents,
and due execution, and the fact of its unauthorized destruction, cancellation, or
obliteration are established according to the Rules of Court. (Emphasis
Supplied.)
1.
2.
ISSUES:
1. Did Adriana have testamentary capacity, and was there due execution of
the purported will? YES
2. Was Adrianas will effectively revoked? NO
3. Should the probate instituted by the petitioners be dismissed, since it is
already barred by res adjudicate? NO
4. Could revocation be inferred from the fact that major and substantial bulk
of the properties mentioned in the will had been disposed of, while an
insignificant portion of the properties remained at the time of death (of
the testatrix); and, furthermore, more valuable properties have been
acquired after the execution of the will in 1940?
SC: These additional matters raised by the private respondents are
extraneous to this special proceeding, they could only be
appropriately taken up after the will has been duly probated and a
certificate of its allowance issued.
HELD:
Art. 830. No will shall be revoked except in the following cases:
(1) By implication of law; or
(2) By some will, codicil, or other writing executed as provided in case of wills:
or
(3) By burning, tearing, cancelling, or obliterating the will with the intention of
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
3.
4.
It is clear that the physical act of destruction of a will, like burning in this
case, does not per se constitute an effective revocation, unless the
destruction is coupled with animus revocandi on the part of the testator.
It is not imperative that the physical destruction be done by the
testator himself.
It may be performed by another person but under the express
direction and in the presence of the testator.
Of course, it goes without saying that the document destroyed must
be the will itself.
In this case, while animus revocandi or the intention to revoke, may be
conceded, for that is a state of mind, yet that requisite alone would not
suffice.
"Animus revocandi is only one of the necessary elements for the
effective revocation of a last will and testament.
The intention to revoke must be accompanied by the overt physical
act of burning, tearing, obliterating, or cancelling the will carried out
by the testator or by another person in his presence and under his
express direction.
In the case at bar, the document or papers burned by Adriana's maid,
Guadalupe, was: 1) not satisfactorily established to be a will at all, much
less the will of Adriana Maloto; 2) the burning was not proven to have
been done under the express direction of Adriana, and 3) the burning was
not in her presence.
Both witnesses, Guadalupe and Eladio, were one in stating that they were
the only ones present at the place where the stove (presumably in the
kitchen) was located in which the papers proffered as a will were burned.
Nowhere in the records before us does it appear that the two
witnesses, Guadalupe Vda. de Corral and EladioItchon, both illiterates,
were unequivocably positive that the document burned was indeed
Adriana's will.
Guadalupe, we think, believed that the papers she destroyed was the
will only because, according to her, Adriana told her so.
109
5.
6.
Eladio, on the other hand, obtained his information that the burned
document was the will because Guadalupe told him so, thus, his
testimony on this point is double hearsay.
"(it) is an important matter of public interest that a purported win is not
denied legalization on dubious grounds. Otherwise, the very institution of
testamentary succession will be shaken to its very foundations ...."
The doctrine of res adjudicata finds no application in the present
controversy.
For one, there is yet, strictly speaking, no final judgment rendered
insofar as the probate of Adriana Maloto's will is concerned, since the
decision of the trial court in Special Proceeding No. 1736, although
final, involved only the intestate settlement of the estate of Adriana.
The trial court, in the intestate proceeding, was without jurisdiction to
rule on the probate of the contested will.
Thus, there is likewise no Identity between the cause of action in
intestate proceeding and that in an action for probate.
Be that as it may, it would be remembered that it was precisely
because of our ruling in G.R. No. L-30479 that the petitioners
instituted this separate action for the probate of the late Adriana
Maloto's will.
110
Two persons swore that on the alleged day the will was made that
Mrs.FelicidadEsguerra Yap made no will, and could have made no
will on that day.
12. The trial judge refused to credit the petitioner's evidence for several
reasons, the most important of which were these:
If she wanted to keep the will a secret it was strange to have done
it in front of a witness knowing it wasnt necessary.
It is improbable to have allowed others to read the will if it is to
be kept secret
If the intention was to conceal why was the will carried in the
purse where there is a big chance that the husband would acquire
of it and destroy it.
Issue:
May a holographic will be probated upon the testimony of witnesses who have
allegedly seen it and who declare that it was in the handwriting of the testator?
10.
11.
Ruling:
8. In the matter of holographic wills, no such guaranties of truth and veracity
are demanded, since they need no witnesses; provided however, that they
are "entirely written, dated, and signed by the hand of the testator
himself."
9. "In the probate of a holographic will" says the New Civil Code, "it shall be
necessary that at least one witness who knows the handwriting and
signature of the testator explicitly declare that the will and the signature
are in the handwriting of the testator.
If the will is contested, at least three such witnesses shall be
required.
In the absence of any such witnesses, (familiar with decedent's
handwriting) and if the court deem it necessary, expert testimony
may be resorted to."
The witnesses so presented do not need to have seen the
execution of the holographic will.
However, the oppositor may present other witnesses who also
know the testator's handwriting, or some expert witnesses, who
after comparing the will with other writings or letters of the
deceased, have come to the conclusion that such will has not
been written by the hand of the deceased.
And the court, in view of such contradictory testimony may use its
own visual sense, and decide in the face of the document,
12.
13.
111
FACTS:
4. Probate of Ricardo B. Bonillas Holographic Will petition filed by Marcela
Rodelas
5. Opposition lies mainly on the ground that: Lost or destroyed holographic
wills cannot be proved by secondary evidence unlike ordinary wills
6. TC: Petition dismissed
Once the original copy of the holographic will is lost, a copy thereof
cannot stand in lieu of the original.
The alleged holographic will was executed on January 25, 1962 while
Ricardo B. Bonilla died on May 13, 1976. In view of the lapse of more
than 14 years from the time of the execution of the will to the death
of the decedent, the fact that the original of the will could not be
located shows to our mind that the decedent had discarded before his
death his allegedly missing Holographic Will.
ISSUE: May a holographic will, which was lost or cannot be found, be proved by
means of a photostatic copy? YES
HELD:
7. If the holographic will has been lost or destroyed and no other copy is
available, the will can not be probated because the best and only evidence
is the handwriting of the testator in said will.
8. It is necessary that there be a comparison between sample handwritten
statements of the testator and the handwritten will.
9. But, a photostatic copy or xerox copy of the holographic will may be
allowed because comparison can be made with the standard writings of
the testator.
10. In the case of Gan vs. Yap, 104 PHIL. 509, the Court ruled that "the
execution and the contents of a lost or destroyed holographic will may not
be proved by the bare testimony of witnesses who have seen and/or read
such will. The will itself must be presented; otherwise, it shall produce no
effect. The law regards the document itself as material proof of
authenticity."
112
3.
4.
5.
6.
Issue:
Can the respondents be considered as a co-owner of the subject property given
the evidence presented? Who is entitled to the subject property?
Held:
NO. Petitioner is entitled to the property
1. Respondents failed to prove their right of possession, as the
HulingHabilin at Testamento and the Partition Agreement have no
legal effect since the will has not been probated.
Before any will can have force or validity it must be probated.
This cannot be dispensed with and is a matter of public
policy.
Article 838 of the Civil Code mandates that [n]o will shall
pass either real or personal property unless it is proved and
allowed in accordance with the Rules of Court.
As the will was not probated, the Partition Agreement which
was executed pursuant thereto can not be given effect. Thus,
the fact that petitioner was a party to said agreement
becomes immaterial in the determination of the issue of
possession.
2. Moreover, at the time the deed of sale was executed in favor of the
petitioner, Juanito Rodriguez remained the owner thereof since
ownership would only pass to his heirs at the time of his death.
Thus, as owner of the property, he had the absolute right to
dispose of it during his lifetime.
Heirs of RosendoLasam v Umangen
Facts:
1.
Before the Court is the petition for review on certiorari filed by the
Heirs of RosendoLasam, assailing the CAs decision.
The assailed decision reversed and set aside the RTC decision
113
2.
7.
The latter and her husband allegedly promised that they would
vacate the subject lot upon demand.
3.
These lots are registered in the names of the original owners, spouses
4.
5.
the heirs of the said spouses conveyed the ownership of Lots Nos.
990 and 5427 in favor of their two children, Irene Cuntapay and
Isabel Cuntapay.
it was agreed that the eastern half portion (subject lot) of Lots
Nos. 990 and 5427 shall belong to the heirs of Isabel Cuntapay.
8.
Prior thereto, Rufo already sold his 1/6 share in the subject lot to
VicentaUmengan and her husband as evidenced by the Deed of
Sale dated June 14, 1961
Also on June 14, 1961, Abdon donated his 1/6 share in the subject
lot to her daughter VicentaUmengan as evidenced by the Deed of
Donation
Turingan, namely:
6.
Rosendo.
the heirs of RosendoLasam (son of Isabel Cuntapay by her second
husband) filed with the MTCC a complaint for unlawful detainer
against VicentaUmengan,
114
6.
Issue/held: WON the CA erred when it held, on one hand, that the MTCC had
jurisdiction over the subject matter of the complaint as the allegations therein
make out a case for unlawful detainer but, on the other hand, proceeded to
discuss the validity of the last will and testament of Isabel Cuntapay? NO
Rationale:
1.
It is well settled that in ejectment suits, the only issue for resolution is
the physical or material possession of the property involved,
independent of any claim of ownership by any of the party litigants.
2.
4.
5.
3.
7.
On the basis of this instrument, the MTCC and RTC ruled that
petitioners have a better right to the possession of the subject lot
the subject lot because, without having been probated, the said
last will and testament could not be the source of any right.
8.
Isabel Cuntapays last will and testament, which has not been
probated, has no effect whatever and petitioners cannot claim any
right thereunder.
9.
However, contrary to the ruling of the MTCC and RTC, the purported
last will and testament of Isabel Cuntapay could not properly be
relied upon to establish petitioners right to possess
115
6.
7.
8.
ISSUE:
Was the dismissal of the court a quo of the testate case proper? NO
HELD:
o We find that the Court a quo a quo acted in excess of its jurisdiction
when it dismissed the Testate Case. Generally, the probate of a Will is
mandatory.
o No will shall pass either real or personal property unless it is proved and
allowed in accordance with the Rules of Court.
o The law enjoins the probate of the Will and public policy requires it,
because unless the Will is probated and notice thereof given to the whole
world, the right of a person to dispose of his property by Will may be
rendered nugatory.
o Normally, the probate of a Will does not look into its intrinsic validity.
... The authentication of a will decides no other question than such as
touch upon the capacity of the testator and the compliance with
those requisites or solemnities which the law prescribes for the
validity of wills.
It does not determine nor even by implication prejudge the validity or
efficiency (sic) of the provisions, these may be impugned as being
vicious or null, notwithstanding its authentication.
o Opposition to the intrinsic validity or legality of the provisions of the will
cannot be entertained in Probate proceeding because its only purpose is
merely to determine if the will has been executed in accordance with the
requirements of the law.
116
117
2.
3.
4.
5.
6.
7.
8.
9.
118
1.
Ratio:
2.
3.
a.
b.
(a) whether or not the holographic will (Exhibit "J") has lost its efficacy as the
last will and testament upon the death of Alvaro Pastor, Sr. on June 5, 1966, in
Cebu City, Philippines;
(b) whether or not the said will has been executed with all the formalities
required by law;
(c) did the late presentation of the holographic will affect the validity of the
same?
ii. Issues in the Administration Proceedings are as follows:
(1) Was the exparte appointment of petitioner as special administrator valid
and proper?
(2) Is there any indispensable necessity for the estate of the decedent to be
placed under administration? (3) Whether or not petition (sic) qualified to be a
special administrator of the estate; and (4) Whether or not the properties listed
in the inventory (submitted by the special administrator but not approved by
the Probate Court) are to be excluded.
4. Nowhere in the dispositive portion is there a declaration of
ownership of specific properties.
a. On the contrary, it is manifest that ownership was not
resolved.
b. For it confined itself to the question of extrinsic validity of
the will, and the need for and propriety of appointing a
special administrator.
c. Thus, it allowed and approved the holographic will "with
respect to its extrinsic validity, the same having been duly
authenticated pursuant to the requisites or solemnities
prescribed by law."
d. It declared that the intestate estate administration aspect
must proceed "subject to the outcome of the suit for
reconveyance of ownership and possession of real and
119
5.
6.
e.
7.
120
ISSUES:
1. Was the award in favor of the heirs of Raymond already a distribution of
the residue of the estate?
Petitioners, insist that it is not a distribution, rendering Section 1, Rule
90 of the ROC inapplicable.
2. Did the Court of Appeals err in disallowing the advance award of shares by
the RTC to petitioner children and the widow of the late Raymond Triviere?
NO (Topic: Partial and Advance distribution of estate)
3. Was it proper for the CA to have nullified the award of attorneys fees in
favor of the co-administrators?
HELD:
FOR #1 and #2
1. A perusal of the 12 June 2003 RTC Order would immediately reveal that it
was not yet distributing the residue of the estate.
The said Order grants the payment of certain amounts from the funds
of the estate to the petitioner children and widow of the late
Raymond Triviere considering that they have not received their
respective shares therefrom for more than a decade.
Out of the reported P4,738,558.63 value of the estate, the petitioner
children and widow were being awarded by the RTC, in its 12 June
2003 Order, their shares in the collective amount of P600,000.00.
Evidently, the remaining portion of the estate still needs to be settled.
2. While the awards in favor of petitioner children and widow made was
not yet a distribution of the residue of the estate, given that there was
still a pending claim against the estate, still, they did constitute a partial
and advance distribution of the estate.
Virtually, the petitioner children and widow were already being
awarded shares in the estate, although not all of its obligations had
been paid or provided for.
Section 2, Rule 109 of the Revised Rules of Court expressly recognizes advance
121
4.
5.
6.
7.
For #3
1. However, while petitioner Quasha Law Office, serving as counsel of the
Triviere children from the time of death of Atty. Quasha in 1996, is entitled
to attorney's fees and litigation expenses of P100,000.00 as prayed for in
the Motion for Payment dated 3 September 2002, and as awarded by the
RTC in its 12 June 2003 Order, the same may be collected from the shares
of the Triviere children, upon final distribution of the estate, in
consideration of the fact that the Quasha Law Office, indeed, served as
counsel (not anymore as co-administrator), representing and performing
legal services for the Triviere children in the settlement of the estate of
their deceased father.
5.
6.
7.
8.
9.
10.
11.
12.
13.
ISSUES:
1.
2.
HELD:
1. Petitioners present action for recovery of possession and ownership is
appropriately filed because as a general rule, a probate court can only pass
upon questions of title provisionally.
The patent reason is the probate courts limited jurisdiction and the
principle that questions of title or ownership, which result in inclusion
or exclusion from the inventory of the property, can only be settled in
a separate action.
It has been held that in a special proceeding for the probate of a will,
the question of ownership is an extraneous matter which the probate
court cannot resolve with finality.
This pronouncement no doubt applies with equal force to intestate
proceedings as in the case at bar.
2. No res judicata
Res judicata does not exist because of the difference in the causes of
actions.
o The other action was for the settlement of the intestate
estate of Lino and Genoveca while the other one was an
action for the recovery of possession and ownership of the
five (5) parcles of land.
o Moreover, while the CFI had jurisdiction, the same was
merely limited jurisdiction.
o Any pronouncement by said court as to title is not conclusive
and could still be attacked in a separate proceeding.
Indeed, the grounds relied upon by private respondents in their
motion to dismiss do not appear to be indubitable.
Res judicata has been shown to be unavailable and the other grounds
of prescription and laches pleaded by private respondents are
seriously disputed.
DECISION: Reversed
OZAETA v CUARTERO
No. L-5597, 31 May 1956
99 Phil 1041
A will executed through undue and improper pressure of influence may be
denied probate by reason of the involuntariness of its execution by the
testator. However, an allegation of undue and improper pressure and
influence must be substantiated by competent evidence to prove that it was
indeed exerted. Mere inferences resulting from circumstances surrounding
the execution of the will do not suffice to justify the denial of probate,
123
11. Roxas, and the latter told her to deliver the will to Justice Roman Ozaeta
whom the will named executor in default of President Roxas.
12. Acting on this advice, Ruby gave the will to Mrs. Roman Ozaeta three days
after Palanca's death.
13. Designated in the will as substitute executor, Roman Ozaeta, filed a
petition in the Court of First Instance of Manila, asking for the probate of
the will,
14. The petition was published together with the date set for its hearing and
thereafter, Maria Cuartero and her six children filed their opposition,
alleging that the will was not executed in accordance with law, that it was
procured through fraud and undue pressure and influence on the part of
some of the beneficiaries or some other person for their benefit, and that
the decedent's signature thereon were procured thru fraud and trickery,
the same having been affixed by him without any intention of making the
document his will.
15. Sebastian Palanca, Palanca's youngest son by his deceased first wife, also
opposed the petition, and in addition to the grounds alleged by Maria
Cuartero and her children, further averred that the provisions of the
alleged will were unjust and contrary to law and prayed that the petition
be denied and that he himself be appointed administrator.
16. Rosa Gonzales and her children also appeared and joined the petition for
probate.
17. After trial, the court rendered a decision allowing the will to probate and
appointing the petitioner Roman Ozaeta executor.
ISSUE: Can the will be disallowed on the ground that it was procured thru
improper influence or pressure? NO
HELD:
As to the charge that the will was procured thru undue and improper pressure
and influence by those who stood to profit therefrom or by some other person
for their benefit,
We note that no direct evidence has been presented to support it.
Appellants, however, maintain that direct evidence of undue influence is
not essential;
124
(FROM NET)
ISSUE:
Whether or not the declarations in a valid Last Will and Testament may be
admitted as conclusive evidence of an existence of a fact during the lifetime of
the testator.
RULING:
Declarations in a valid Last Will and Testament may be admitted as conclusive
evidence of an existence of a fact during the lifetime of the testator of the said
Will. Palanca executed his will and he made the solemn declaration in said
document that since 1923 and for some years thereafter he maintained
amorous relations with Maria Cuartero and had by her six natural children
whom, according to him, he had liberally fed and supported. He said nothing
about having married Maria; on the contrary, he declared that for grave
reasons he regarded her unworthy of being the guardian of the persons and
property of his children by her and so appointed FelisaJoson de Fernandez and
the Philippine National Bank as guardians of their persons, and property
respectively. On the other hand, in the same will he spoke of his marriage to
Rosa Gonzales and the eight children he had by her, which children according
125
4.
5.
CELLES
3.
Placido lived for a long time in the United States until he reached
retirement and remained in the Philippines.
Two years after his arrival from the United States and at the age of 80
he wed Josefina who was then 28 years old. A little more than two
years after, Placido died.
Placido executed a notarial last will and testament written in English
and consisting of two (2) pages, and dated June 15, 1983 but
acknowledged only on August 9, 1983.
a. The first page contains the entire testamentary dispositions
and a part of the attestation clause, and was signed at the
end or bottom of that page by the testator and on the left
hand margin by the three instrumental witnesses.
b. The second page contains the continuation of the attestation
clause and the acknowledgment, and was signed by the
witnesses at the end of the attestation clause and again on
the left hand margin.
6.
Issue:
Should the will of Placido be probated?
Held:
YES.
1.
The fact that public policy favors the probate of a will does not
necessarily mean that every will presented for probate should be
allowed. The law lays down the procedures and requisites that must
be satisfied for the probate of a will.
a. Article 839 of the Civil Code states the instances when a will
may be disallowed, as follows:
i. If the formalities required by law have not been
complied with;
ii. If the testator was insane, or otherwise mentally
incapable of making a will, at the time of its
execution;
iii. If it was executed through force or under duress, or
the influence of fear, or threats;
iv. If it was procured by undue and improper pressure
and influence, on the part of the beneficiary or of
some other person;
v. If the signature of the testator was procured by
fraud;
126
3.
FRAUD DOES NOT EXIST. Burden of proof to prove fraud was not
carried by Leticia.
a. Fraud is a trick, secret device, false statement, or pretense,
by which the subject of it is cheated. It may be of such
character that the testator is misled or deceived as to the
nature or contents of the document which he executes, or it
may relate to some extrinsic fact, in consequence of the
deception regarding which the testator is led to make a
certain will which, but for the fraud, he would not have
made.
b. It is a settled doctrine that the omission of some relatives
does not affect the due execution of a will.
c. That the testator was tricked into signing it was not
sufficiently established by the fact that he had instituted his
wife, who was more than fifty years his junior, as the sole
beneficiary; and disregarded petitioner and her family, who
were the ones who had taken the cudgels of taking care of
[the testator] in his twilight years.
d. Moreover, as correctly ruled by the appellate court, the
conflict between the dates appearing on the will does not
invalidate the document, because the law does not even
require that a [notarial] will x xx be executed and
acknowledged on the same occasion.
HE HAS TESTAMENTARY CAPACITY
a. According to Article 799, the three things that the testator
must have the ability to know to be considered of sound
mind are as follows:
i. (1) the nature of the estate to be disposed of,
ii. (2) the proper objects of the testators bounty, and
iii. (3) the character of the testamentary act.
b. It must be noted that despite his advanced age, he was still
able to identify accurately the kinds of property he owned,
the extent of his shares in them and even their locations.
FACTS:
1) Private respondents were the legitimate children of Alejandro
Dorotheo and Aniceta Reyes.
2) After Alejandro's death, petitioner, who claims to have taken care of
Alejandro before he died, filed a special proceeding for the probate of
the latter's last will and testament.
3) Private respondents filed a "Motion To Declare The Will Intrinsically
Void which the trial court granted.
4) Petitioner moved for reconsideration arguing that she is entitled to
some compensation since she took care of Alejandro prior to his death
although she admitted that they were not married to each other.
5) CA denied and dismissal became final and executory.
6) Judge Zain B. Angas of RTC set aside the final and executory Order as
well as the Order directing the issuance of the writ of execution, on
the ground that the order was merely "interlocutory", hence not final
in character.
7) CA nullified the two assailed Orders of RTC.
8) Petitioner filed a motion to reinstate her as executrix of the estate of
the late Alejandro and to maintain the status quo or lease of the
premises thereon to third parties.
9) Private respondents opposed the motion on the ground that
petitioner has no interest in the estate since she is not the lawful wife
of the late Alejandro.
ISSUE: May a last will and testament admitted to probate but declared
intrinsically void in an order that has become final and executory still be given
effect? NO.
Decision: DENIED
RULING:
The petition is without merit. A final and executory decision or order can no
longer be disturbed or reopened no matter how erroneous it may be.
In setting aside the January 30, 1986 Order that has attained finality,
the trial court in effect nullified the entry of judgment made by the
Court of Appeals. It is well settled that a lower court cannot reverse or
set aside decisions or orders of a superior court.
LOURDES L. DOROTHEO
vs.
COURT OF APPEALS, NILDA D. QUINTANA, for Herself and as Attorney-in-Fact
of VICENTE DOROTHEO and JOSE DOROTHEO
G.R. No. 108581 December 8, 1999 ; NILO
It should be noted that probate proceedings deals generally with the extrinsic
validity of the will sought to be probated, particularly on three aspects:
1. whether the will submitted is indeed, the decedent's last will and
testament;
127
Petitioner was privy to the suit calling for the declaration of the
intrinsic invalidity of the will, as she precisely appealed from an
unfavorable order therefrom. Although the final and executory Order
of January 30, 1986 wherein private respondents were declared as the
only heirs do not bind those who are not parties thereto such as the
alleged illegitimate son of the testator, the same constitutes res
judicata with respect to those who were parties to the probate
proceedings.
No intestate distribution of the estate can be done until and unless the
will had failed to pass both its extrinsic and intrinsic validity.
- If the will is extrinsically void, the rules of intestacy apply
regardless of the intrinsic validity thereof.
- If it is extrinsically valid, the next test is to determine its intrinsic
validity that is whether the provisions of the will are valid
according to the laws of succession. In this case, the court had
ruled that the will of Alejandro was extrinsically valid but the
intrinsic provisions thereof were void.
Thus, the rules of intestacy apply as correctly held by the trial court:
- Alejandro's disposition in his will of the alleged share in the
conjugal properties of his late spouse, whom he described as his
"only beloved wife", is not a valid reason to reverse a final and
executory order.
_____________________________________________________________
IN RE: IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF RUPERTA
PALAGANAS WITH PRAYER FOR THE APPOINTMENT OF SPECIAL
ADMINISTRATOR, MANUEL MIGUEL PALAGANAS AND BENJAMIN GREGORIO
PALAGANAS, PETITIONERS, VS. ERNESTO PALAGANAS, RESPONDENT.
[G.R. No. 169144, January 26, 2011] NILO; ABAD, J.:
FACTS:
1) Ruperta C. Palaganas (Ruperta), a Filipino who became a naturalized
United States (U.S.) citizen, died single and childless.
2) In the last will and testament she executed in California, she
designated her brother, Sergio C. Palaganas (Sergio), as the executor
of her will for she had left properties in the Philippines and in the U.S.
3) Respondent Ernesto C. Palaganas (Ernesto), another brother of
Ruperta, filed with the Regional Trial Court (RTC) of Malolos, Bulacan,
a petition for the probate of Ruperta's will and for his appointment as
special administrator of her estate as ordered by Sergio.
4) Petitioners Manuel Miguel Palaganas (Manuel) and Benjamin Gregorio
Palaganas (Benjamin), nephews of Ruperta, opposed the petition on
the ground that Ruperta's will should not be probated in the
128
5)
Our rules require merely that the petition for the allowance of a will must
show, so far as known to the petitioner:
(a)the jurisdictional facts; (b) the names, ages, and residences of the heirs,
legatees, and devisees of the testator or decedent; (c) the probable value and
character of the property of the estate; (d) the name of the person for whom
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
letters are prayed; and (e) if the will has not been delivered to the court, the
name of the person having custody of it.
Jurisdictional facts refer to the fact of death of the decedent, his
residence at the time of his death in the province where the probate
court is sitting, or if he is an inhabitant of a foreign country, the estate
he left in such province. The rules do not require proof that the
foreign will has already been allowed and probated in the country of
its execution.
If the instituted heirs do not have the means to go abroad for the
probate of the will, it is as good as depriving them outright of
their inheritance, since our law requires that no will shall pass
either real or personal property unless the will has been proved
and allowed by the proper court.
The assailed RTC order of June 17, 2004 is nothing more than an initial
ruling that the court can take cognizance of the petition for probate of
Ruperta's will and that, in the meantime, it was designating Ernesto as
special administrator of the estate.
- The parties have yet to present evidence of the due execution of
the will, i.e.the testator's state of mind at the time of the
execution and compliance with the formalities required of wills by
the laws of California.
- This explains the trial court's directive for Ernesto to submit the
duly authenticated copy of Ruperta's will and the certified copies
of the Laws of Succession and Probate of Will of California.
129
Facts:
5.
6.
7.
8.
9.
They alleged that the two subject lots belong to the conjugal
partnership of Joaquin with Lucia, and that, upon Lucias
death in April 1924, they became theproindiviso owners of
the subject properties.
b. They opposed the appointment of Eduardo as administrator
on the following grounds:
i. He is not physically and mentally fit to do so
ii. His interest in the lots is minimal
iii. He does not possess the desire to earn. They
claimed that the best interests of the estate dictate
that Joseph be appointed as special or regular
administrator.
RTC issued a resolution appointing Eduardo as regular administrator of
Joaquins estate.
After the parties were given the opportunity to be heard and to
submit their respective proposed projects of partition, the RTC, on
October 23, 2000, issued an Order of Partition
Eduardo, Sebastian, and oppositors Joseph and Teresa filed their
respective motions for reconsideration.
RTC issued a resolution
a. Denying the motions for reconsideration of Eduardo and
Sebastian, and granting that of Joseph and Teresa.
b. It also declared that the real estate properties belonged to
the conjugal partnership of Joaquin and Lucia.
c. It also directed the modification of the October 23, 2000
Order of Partition to reflect the correct sharing of the heirs.
However, before the RTC could issue a new order of partition, Eduardo
and Sebastian both appealed to the CA.
a. Aggrieved, Sebastian and Eduardo filed their respective
motions for reconsideration
b. CA denied both motions
Issue:
WONRTC, as an intestate court, had jurisdiction to resolve the same.
As to Sebastians and Eduardos common issue on the ownership of
the subject real properties
Held: Yes. The determination of whether the subject properties are conjugal is
but collateral to the probate courts jurisdiction to settle the estate of Joaquin
130
1.
2.
The general rule is that the jurisdiction of the trial court, either as a
probate or an intestate court, relates only to matters having to do
with the probate of the will and/or settlement of the estate of
deceased persons, but does not extend to the determination of
questions of ownership that arise during the proceedings.
a. The patent rationale for this rule is that such court merely
exercises special and limited jurisdiction.
b. As held in several cases, a probate court or one in charge of
estate proceedings, whether testate or intestate, cannot
adjudicate or determine title to properties claimed to be a
part of the estate and which are claimed to belong to outside
parties, not by virtue of any right of inheritance from the
deceased but by title adverse to that of the deceased and his
estate.
c. All that the said court could do as regards said properties is
to determine whether or not they should be included in the
inventory of properties to be administered by the
administrator.
d. If there is no dispute, there poses no problem, but if there is,
then the parties, the administrator, and the opposing parties
have to resort to an ordinary action before a court exercising
general jurisdiction for a final determination of the conflicting
claims of title.
However, this general rule is subject to exceptions as justified by
expediency and convenience.
a. First, the probate court may provisionally pass upon in an
intestate or a testate proceeding the question of inclusion in,
or exclusion from, the inventory of a piece of property
without prejudice to the final determination of ownership in
a separate action.
b. Second, if the interested parties are all heirs to the estate, or
the question is one of collation or advancement, or the
parties consent to the assumption of jurisdiction by the
probate court and the rights of third parties are not impaired,
then the probate court is competent to resolve issues on
ownership.
3.
The general rule does not apply to the instant case considering that
the parties are all heirs of Joaquin and that no rights of third parties
will be impaired by the resolution of the ownership issue. More
importantly, the determination of whether the subject properties are
conjugal is but collateral to the probate courts jurisdiction to settle
the estate of Joaquin.
4.
As correctly found by the RTC and the CA, the claim of Sebastian and
Eduardo that TCT Nos. 38254 and 38255 conclusively show that the
owners of the properties covered therein were Joaquin and Caridad
by virtue of the registration in the name of Joaquin Agtarap casado
con (married to) Caridad Garcia, deserves scant consideration.
a. This cannot be said to be a collateral attack on the said TCTs.
b. Indeed, simple possession of a certificate of title is not
necessarily conclusive of a holders true ownership of
[25]
property.
A certificate of title under the Torrens system
aims to protect dominion; it cannot be used as an instrument
for the deprivation of ownership.
c. Thus, the fact that the properties were registered in the
name of Joaquin Agtarap, married to Caridad Garcia, is not
sufficient proof that the properties were acquired during the
spouses coverture.
d. The phrase married to Caridad Garcia in the TCTs is merely
descriptive of the civil status of Joaquin as the registered
owner, and does not necessarily prove that the realties are
their conjugal properties.
5.
Thus, an estate is settled and distributed among the heirs only after
the payment of the debts of the estate, funeral charges, expenses of
administration, allowance to the widow, and inheritance tax.
a. The records of these cases do not show that these were
complied with in 1965.
6.
The RTC found that Sebastian did not present clear and convincing
evidence to support his averments in his motion to exclude them as
heirs of Joaquin, aside from his negative allegations.
131
b.
The RTC also noted the fact of Joseph and Teresa being the
children of Jose was never questioned by Sebastian and
Eduardo, and the latter two even admitted this in their
petitions, as well as in the stipulation of facts in the August
21, 1995 hearing.
Furthermore, the CA affirmed this finding of fact in its
November 21, 2006 Decision.
7.
8.
Doctrine: The doctrine of Guevarra vs. Guevarra, 74 Phil. 479, which holds
that the presentation of a will for probate is mandatory and that the
settlement and distribution of an estate on the basis of intestacy when the
decedent left a will is against the law and public policy, is not applicable
where the clear abject of the settlement was merely the conveyance by the
heir of any and all her individual share and interest, actual or eventual, in the
estate of the decedent and not the distribution of the said estate among the
heirs before the probate of the will.
FACTS:
1.
2.
3.
THE STORY
4. It is uncontested that Francisco de Borja, upon the death of his wife
JosefaTangco, filed a petition for the probate of her will which was
docketed as Special Proceeding No. R-7866 of the Court of First Instance of
Rizal, Branch I.
The will was probated on 2 April 1941. In 1946, Francisco de Borja was
appointed executor and administrator: in 1952, their son, Jose de
Borja, was appointed co-administrator.
5. When Francisco died, on 14 April 1954, Jose became the sole
administrator of the testate estate of his mother, JosefaTangco.
6. While a widower Francisco de Borja allegedly took unto himself a second
wife, TasianaOngsingco.
7. Upon Francisco's death, Tasiana instituted testate proceedings in the
Court of First Instance of Nueva Ecija, where, in 1955, she was appointed
special administratrix.
The validity of Tasiana's marriage to Francisco was questioned in
said proceeding.
132
The testate estate of JosefaTangco alone has been unsettled for more
than a quarter of a century.
The relationship xxx has been plagued with several court suits and
counter-suits; including the three cases at bar, some eighteen (18)
cases remain pending determination in the courts.
9. In order to put an end to all these litigations, a compromise agreement
2
was entered into on 12 October 1963, by and between "[T]he heir and
son of Francisco de Borja by his first marriage, xxx and "[T]he heir and
surviving spouse of Francisco de Borja by his second marriage,
TasianaOngsingcoVda. de Borja,
10. The genuineness and due execution of the compromised agreement of 12
October 1963 is not disputed, but its validity is, nevertheless, attacked by
TasianaOngsingco on the ground that:
(1) the heirs cannot enter into such kind of agreement without first
probating the will of Francisco de Borja;
(2) that the same involves a compromise on the validity of the
marriage between Francisco de Borja and TasianaOngsingco; and
(3) that even if it were valid, it has ceased to have force and effect.
11. Upon the other hand, in claiming the validity of the compromise
agreement, Jose de Borja stresses that at the time it was entered into, on
12 October 1963, the governing provision was Section 1, Rule 74 of the
original Rules of Court of 1940, which allowed the extrajudicial
settlement xxx
He also relies on the dissenting opinion of Justice Moran, in Guevara
vs. Guevara, 74 Phil. 479, wherein was expressed the view that if the
parties have already divided the estate in accordance with a
decedent's will, the probate of the will is a useless ceremony; and if
they have divided the estate in a different manner, the probate of the
will is worse than useless.
ISSUE:WON the compromise agreement is valid, even if the will of Francisco
has not yet been probated
Tasiana argues: that it was not valid because the heirs cannot
enter into such kind of agreement without first probating the will
of Francisco, and at the time the agreement was made, the will
was still being probated with the CFI of Nueva Ecija.
HELD:YES, the compromise agreement is valid.
(Marquez)
1. The doctrine of Guevara vs. Guevara, ante, is not applicable to the case at
bar.
b. Guevara vs. Guevara. 74 Phil. 479, (Court's majority held the view
that the presentation of a will for probate is mandatory and that the
settlement and distribution of an estate on the basis of intestacy
when the decedent left a will, is against the law and public policy.)
c. There was here no attempt to settle or distribute the estate of
Francisco de Borja among the heirs thereto before the probate of his
will.
d. The clear object of the contract was merely the conveyance by
TasianaOngsingco of any and all her individual share and interest,
actual or eventual in the estate of Francisco de Borja and
JosefaTangco.
e. There is no stipulation as to any other claimant, creditor or legatee.
f. And as a hereditary share in a decedent's estate is transmitted or
vested immediately from the moment of the death of
such causante or predecessor in interest (Civil Code of the
Philippines, Art. 777) there is no legal bar to a successor (with
requisite contracting capacity) disposing of her or his hereditary
share immediately after such death, even if the actual extent of such
share is not determined until the subsequent liquidation of the
estate.
4. Since the compromise contract Annex A was entered into by and between
"Jose de Borja personally and as administrator of the Testate Estate of
JosefaTangco" on the one hand, and on the other, "the heir and surviving
spouse of Francisco de Borja by his second marriage,
TasianaOngsingcoVda. dedeBorja", it is clear that the transaction was
binding on both in their individual capacities, upon the perfection of the
contract, even without previous authority of the Court to enter into the
same.
Where the compromise agreement entered into by and between the
various heirs in the personal capacity, the same is binding upon them
as individuals, upon the perfection of the contract, even without
133
b.
she claimed her share of the inheritance from him, but on the
theory or assumption that he died intestate, because the will
had not been probated, for which reason, she asserted, the
betterment therein made by the testator in favor of his
legitimate son Ernesto M. Guevara should be disregarded
FACTS:
1.
2.
3.
4.
5.
135
4.
Issue:
Should the probate proceeding pursue despite lack of witnesses?
Held:
YES.
1.
2.
Doctrine: The rule of the first paragraph of Article 811 of the Civil Code is
merely directory and is not mandatory
Facts:
1.
2.
3.
3.
4.
Since the authenticity of the will was not contested, he was not
required to produce more than one witness.
But even if the genuineness of the holographic will were contested
Article 811 of our present Civil Code ca not be interpreted as to
require the compulsory presentation of three witnesses to identify the
handwriting of the testator, under penalty of having the probate
denied.
a. Since no witness may have been present at the execution of a
holographic will, none being required by law (Art. 810, new
Civil Code), it becomes obvious that the existence of
witnesses possessing the requisite qualifications is a matter
beyond the control of the proponent.
b. For it is not merely a question of finding and producing any
three witnesses; they must be witnesses "who know the
handwriting and signature of the testator" and who -can
declare (truthfully, of course, even if the law does not so
express) "that the will and the signature are in the
handwriting of the testator".
c. There may be no available witness acquainted with the
testator's hand; or even if so familiarized, the witnesses may
be unwilling to give a positive opinion.
Second paragraph of Article 811 shows that the law foresees the
possibility that no qualified witness may be found (or what amounts
to the same thing, that no competent witness may be willing to
testify to the authenticity of the will), and provides for resort to
expert evidence to supply the deficiency.
Again, under Article 811, the resort to expert evidence is conditioned
by the words "if the Court deem it necessary", which reveal that what
136
The will was found not in the personal belongings of the deceased
but with one of the respondents, who kept it even before the death
of the deceased.
In the testimony of Ms.Binanay, she revealed that the will was in her
possession as early as 1985, or five years before the death of the
deceased.
There was no opportunity for an expert to compare the signature and the
handwriting of the deceased with other documents signed and executed
by her during her lifetime.
The only chance at comparison was during the cross-examination of
Ms.Binanay when the lawyer of petitioners asked Ms.Binanay to
compare the documents which contained the signature of the
deceased with that of the holographic will and she is not a
handwriting expert.
Even the former lawyer of the deceased expressed doubts as to the
authenticity of the signature in the holographic will.
A visual examination of the holographic will convince us that the strokes
are different when compared with other documents written by the
testator. The signature of the testator in some of the disposition is not
readable. There were uneven strokes, retracing and erasures on the will.
Comparing the signature in the holographic will dated August 30, 1978,33
and the signatures in several documents such as the application letter for
pasture permit dated December 30, 1980,34 and a letter dated June 16,
1978,35 the strokes are different.
In the letters, there are continuous flows of the strokes, evidencing
that there is no hesitation in writing unlike that of the holographic will.
We, therefore, cannot be certain that ruling holographic will was in
the handwriting by the deceased.
SOFIA J. NEPOMUCENO
vs.
THE HONORABLE COURT OF APPEALS, RUFINA GOMEZ, OSCAR JUGO ANG,
CARMELITA JUGO
G.R. No. L-62952 October 9, 1985 ; NILO
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
FACTS:
1) Martin Jugo left a last Will and Testament:
- He named and appointed herein petitioner Sofia J.
Nepomuceno as his sole and only executor of his estate.
- It is clearly stated in the Will that the testator was legally
married to a certain Rufina Gomez by whom he had two
legitimate children, Oscar and Carmelita, but since 1952, he
had been estranged from his lawfully wedded wife and had
been living with petitioner as husband and wife.
- the testator Martin Jugo and the petitioner herein, Sofia J.
Nepomuceno were married in Victoria, Tarlac before the
Justice of the Peace.
- The testator devised to his forced heirs, namely, his legal wife
Rufina Gomez and his children Oscar and Carmelita his entire
estate and the free portion thereof to herein petitioner.
2) Petitioner filed a petition for the probate of the last Will and
Testament of the deceased Martin Jugo but the legal wife of the
testator, Rufina Gomez and her children filed an opposition alleging:
- that the execution of the Will was procured by undue and
improper influence
- and the testator was already very sick and that petitioner
having admitted her living in concubinage with the testator,
she is wanting in integrity.
3) RTC denied the probate of the Will on the ground that as the
testator admitted in his Will to cohabiting with the petitioner.
4) CA declared the Will to be valid except that the devise in favor of
the petitioner is null and void pursuant to Article 739 in relation with
Article 1028 of the Civil Code of the Philippines.
5) The petitioner submits:
- the only purpose of the probate of a Will is to establish
conclusively as against everyone that a Will was executed
with the formalities required by law.
- the declaration of its nullity could only be made by the proper
court in a separate action brought by the legal wife for the
specific purpose of obtaining a declaration of the nullity of
the testamentary provision in the Will in favor of the person
with whom the testator was allegedly guilty of adultery or
concubinage.
139
The respondents submit that the admission of the testator of the illicit
relationship between him and the petitioner put in issue the legality of
the devise.
ISSUES:
1) whether or not the respondent court acted in excess of its jurisdiction
when after declaring the last Will and Testament of the deceased
Martin Jugo validly drawn, it went on to pass upon the intrinsic validity
of the testamentary provision in favor of herein petitioner.
2) WON respondent court has jurisdiction to declare the testamentary
provision in favor of the petitioner as null and void.
3) WON the will is valid.
RULING:
1) The respondent court acted within its jurisdiction when after declaring
the Will to be validly drawn, it went on to pass upon the intrinsic
validity of the Will and declared the devise in favor of the petitioner
null and void.
The general rule: is that in probate proceedings, the court's area of inquiry is
limited to an examination and resolution of the extrinsic validity of the Will:
- Any inquiry into the intrinsic validity or efficacy of the provisions of the
will or the legality of any devise or legacy is premature.
- Probate is one thing; the validity of the testamentary provisions is
another. The first decides the execution of the document and the
testamentary capacity of the testator; the second relates to descent
and distribution.
Exception to the rule: "practical considerations (Nuguid v. Nuguid)(Balanay
.Jr. v. Martinez)
- The probate of a will might become an Idle ceremony if on its face it
appears to be intrinsically void. Where practical considerations
demand that the intrinsic validity of the will be passed upon, even
before it is probated, the court should meet the issue.
EXTRINSIC VALIDITY OF THE WILL Both parties are agreed that the Will of
Martin Jugo was executed with all the formalities required by law and that the
testator had the mental capacity to execute his Will.
2) CA has jurisdiction.
3) Will is valid but the devise in favor of the petitioner is null and void
pursuant to Article 739 in relation with Article 1028 of the Civil Code
Article 739 of the Civil Code provides donations shall be void:(1) Those
made between persons who were guilty of adultery or concubinage at
the time of the donation;
Article 1028 of the Civil Code provides: the prohibitions mentioned in
Article 739, concerning donations inter vivos shall apply to
testamentary provisions.
140
Moreover, the prohibition in Article 739 of the Civil Code is against the
making of a donation between persons who are living in adultery or
concubinage. It is the donation which becomes void.
The very wordings of the Will invalidate the legacy because the
testator admitted he was disposing the properties to a person with
whom he had been living in concubinage.
c.
3.
4.
2.
Florentino Hitosis executed a will in the Bicol dialect on June 19, 1938
when he was eighty years old.
a. He died on May 26, 1939 at Irosin, Sorsogon. A childless
widower, he as survived by his brother, Leon Hitosis.
A petition for the probate of his will was filed in the Court of First
Instance of Sorsogon (Special Proceeding No. 3171).
a. The notice of hearing was duly published.
b. In that will, Florentino bequeathed his one-half share in the
conjugal estate to his second wife, Tecla Dollentas, and,
should Tecla predecease him, as was the case, his one-half
share would be assigned to the spouses Pedro Gallanosa and
Corazon Grecia, the reason being that Pedro, Tecla's son by
her first marriage, grew up under the care of Florentino;
5.
6.
7.
Fifteen years after the dismissal of Civil Case No. 696 trial
twenty-eight years after the probate of the will another
action in the same court against the Gallanosa spouses trial
Adolfo Fortajada for the "annulment" of the will of Florentino
Hitosis trial and for the recovery of the same sixty-one parcels
of land.
d. They prayed for the appointment of a receiver.
As basis of their complaint, they alleged that the Gallanosa spouses,
through fraud trial deceit, caused the execution trial simulation of the
document purporting to be the last will trial testament of Florentino
Hitosis.
a. As already stated, that 1967 complaint, upon motion of the
defendants, now the petitioners, was dismissed by
respondent Judge.
b. The plaintiffs filed a motion for reconsideration Respondent
Judge. granted it trial set aside the order of dismissal. He
denied defendants' motion for the reconsideration of his
order setting aside that dismissal order.
Issue: WON the private respondents have a cause of action the "annulment" of
the will of Florentino Hitosis trial for the recovery of the sixty-one parcels of
land adjudicated under that will to the petitioners.
1.
2.
3.
4.
5.
6.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
7.
8.
9.
4) But forty- three days after Grimm's death, or January 9, 1978, his
daughter of the first marriage, Ethel, filed with Branch 20 of the
Manila Court of First Instance intestate proceeding No. 113024 for the
settlement of his estate. She was named special administratrix.
5) Two weeks later, Maxine and her two children Linda and Pete, as the
first parties, and Ethel, Juanita Grimm Morris and their mother Juanita
Kegley Grimm as the second parties, with knowledge of the intestate
proceeding in Manila, entered into a compromise agreement in Utah
regarding the estate.
6) The three administrators submitted an inventory. With the authority
and approval of the court, they sold for P75,000 on March 21, 1979
the so-called Palawan Pearl Project, a business owned by the
deceased. Linda and Juanita allegedly conformed with the sale.
7) On April 18, 1980 Juanita Grimm Morris filed a motion for accounting
"so that the Estate properties can be partitioned among the heirs and
the present intestate estate be closed."
a. On September 8, 1980, Maxine, Pete and Linda, filed in
Branch 38 of the lower court a petition praying for the
probate of Grimm's two wills (already probated in Utah), that
the 1979 partition approved by the intestate court be set
aside and the letters of administration revoked, that Maxine
be appointed executrix and that Ethel and Juanita Morris be
ordered to account for the properties received by them and
to return the same to Maxine.
b. Grimm's second wife and two children alleged that they were
defraud due to the machinations of the Roberts spouses, that
the 1978 Utah compromise agreement was illegal, that the
143
FACTS:
7. May 9, 1939 - the spouses, Bernabe de la Serna and GervasiaRebaca,
executed a joint last will and testament in the local dialect whereby they
willed that
"our two parcels of land acquired during our marriage together with
all improvements thereon shall be given to Manuela Rebaca, our
niece, whom we have nurtured since childhood, because God did not
give us any child in our union, Manuela Rebaca being married to
Nicolas Potot", and that "while each of the testators is yet living, he or
she will continue to enjoy the fruits of the two lands aforementioned"
8. Bernabedela Serna died, and the aforesaid will was submitted to probate
by said Gervasia and Manuela before the Court of First Instance of Cebu
9. Upon the death of GervasiaRebaca, another petition for the probate of the
same will insofar as Gervasia was concerned was filed, but for failure of the
petitioner, Manuela R. Potot and her attorney, Manuel Potot to appear, for
the hearing of said petition, the case was dismissed
10. CFI: ordered the petition heard and declared the testament null and void,
for being executed contrary to the prohibition of joint wills
11. CA: reversed, on the ground that the decree of probate in 1939 was issued
by a court of probate jurisdiction and conclusive on the due execution of
the testament. Further:
It is true the law (Art. 669, old Civil Code; Art. 818, new Civil Code)
prohibits the making of a will jointly by two or more persons either for
their reciprocal benefit or for the benefit of a third person. However,
this form of will has long been sanctioned by use, and the same has
continued to be used.
12. Hence this appeal by the heirs intestate of the deceased husband, Bernabe
de la Cerna.
ISSUE:
3. Does an error of law affect the conclusive effect of its decision? NO
4. Is the joint will valid as to the share of Gervasia who died later than
Bernabe? NO
HELD:
First
8. The final decree of probate, entered in 1939 by the Court of First Instance
of Cebu (when the testator, Bernabe de la Cerna, died), has conclusive
effect as to his last will and testament despite the fact that even then the
Civil Code already decreed the invalidity of joint wills, whether in favor of
144
CELLES
FEBFRUARY 2, 2012
RUBEN AUSTRIA, CONSUELO AUSTRIA-BENTA and LAURO AUSTRIA MOZO,
petitioners, vs. HON. ANDRES REYES, Judge, Court of First Instance of Rizal,
PERFECTO CRUZ, BENITA CRUZ-MENEZ ISAGANI CRUZ, ALBERTO CRUZ and
LUZ CRUZ-SALONGA respondents
G.R. No. L-23079 February 27, 1970; J. Castro
(Bon)
Doctrine: An institution may be annulled only when one is satisfied, after an
examination of the will, that the testator clearly would not have made the
institution if be had known the cause for it to be false.
Facts:
1.
2.
3.
4.
5.
6.
Basilia Austria vda. de Cruz filed a petition for probate, ante mortem,
of her last will and testament.
a. The bulk of the estate of Basilia, admittedly, was destined
under the will to pass on to the respondents Perfecto Cruz,
Benita Cruz-Mefiez, Isagani Cruz, Alberto Cruz, and Luz CruzSalonga, all of whom had been assumed and declared by
Basilia as her own legally adopted children.
The probate was opposed by the present petitioners Ruben Austria,
Consuelo AustriarBenta and Lauro Austria Mozo, and still others who,
like the petitioner, are nephews and nieces of Basilia.
This opposition was, however, dismissed and the probate of the will
allowed after due hearing.
More than two years after her will was allowed to probate, Basilia
died.
The respondent Perfecto Cruz was appointed executor without bond
by the same court in accordance with the provisions of the decedents
will, notwithstanding the blocking attempt pursued by the petitioner
Ruben Austria.
Present petitioners filed in the same proceedings a petition in
intervention for partition alleging in substance
a. that they are the nearest of kin of Basilia, and that the five
respondents Perfecto Cruz, et al,, had not in fact been
adopted by the decedent in accordance with law, in effect
rendering these respondents mere strangers to the decedent
and without any right to succeed as heirs.
145
8.
The said petition was allowed. Benita however posed a motion asking
the lower court, by way of alternative relief, to confine the petitioners
intervention, should it be permitted, to properties not disposed of in
the will of the decedent.
Lower court rendered its decision delimiting the petitioners'
intervention to the properties of the deceased which were not
disposed of in the will.
Issue:
Did the trial court err in limiting the scope of intervention of the petitioner?
Held:
NO.
-
146
2.
3.
Issue/held:
(1) whether the estate, after deducting the legacies, should pertain to her
and to Helen Garcia in equal shares, or whether the inheritance of
Lucy Duncan as instituted heir should be merely reduced to the extent
necessary to cover the legitime of Helen Garcia, equivalent to 1/4 of
the entire estate?
- the inheritance of Lucy Duncan as instituted heir should be
merely reduced to the extent necessary to cover the legitime of
Helen Garcia, equivalent to 1/4 of the entire estate
2.
3.
4.
Rationale:
Petitioner: there has been a preterition of Helen Garcia, a compulsory heir in
the direct line, resulting in the annulment of the institution of heir pursuant to
Art. 854 of the CC
SC:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
5.
either by not naming him at all or, while mentioning him as father,
son, etc., by not instituting him as heir without disinheriting him
expressly, nor assigning to him some part of the properties.
Manresa cites particularly three decisions of the Supreme Court of
Spain
- In each one of those cases the testator left to one who was a
forced heir a legacy worth less than the legitime, but without
referring to the legatee as an heir or even as a relative,
- and willed the rest of the estate to other persons. It was held that
Article 815 applied, and the heir could not ask that the institution
of heirs be annulled entirely, but only that the legitime be
completed
The foregoing solution is indeed more in consonance with the
expressed wishes of the testator in the present case as may be
gathered very clearly from the provisions of his will.
- He refused to acknowledge Helen Garcia as his natural daughter,
and limited her share to a legacy of P3,600.00.
- The fact that she was subsequently declared judicially to possess
such status is no reason to assume that had the judicial
declaration come during his lifetime his subjective attitude
towards her would have undergone any change and that he
would have willed his estate equally to her and to Lucy Duncan,
who alone was expressly recognized by him.
The decision of this Court in Neri, et al. v. Akutin, 74 Phil. 185, is cited
by appellees in support of their theory of preterition. That decision is
not here applicable, because it referred to a will where "the testator
left all his property by universal title to the children by his second
marriage,
- and without expressly disinheriting the children by his first
marriage, he left nothing to them or, at least, some of them."
- In the case at bar the testator did not entirely omit oppositorappellee Helen Garcia, but left her a legacy of P3,600.00.
The estate of the deceased Christensen upon his death consisted of
399 shares of stocks in the Christensen Plantation Company and a
certain amount in cash.
- One-fourth (1/4) of said estate descended to Helen Garcia as
her legitime. Since she became the owner of her share as of the
moment of the death of the decedent she is entitled to a
147
3)
4)
5)
6)
7)
TIRSO T. REYES, as guardian of the minors Azucena Flordelis and Tirso, Jr., all
surnamed Reyes y Barretto,plaintiffs-appellants, vs. LUCIA MILAGROS
BARRETTO-DATU, defendant-appellee.
G.R. No. L-17818
January 25, 1967
REYES, J.B.L., J.: NILO
DOCTRINE: Preterition is the omission of one, some or all compulsory heirs in
the direct line, whether living at the time of the death of the testator, or born
subsequent thereto. Among other things, Reyes holds that omission from the
inheritance, as an element of preterition, must be a total omission, such that if
a compulsory heir in the direct line received something from the testator under
the terms of the will, such heir cannot be considered preterited.
FACTS:
1) Bibiano Barretto was married to Maria Gerardo. During their lifetime
they acquired a vast estate, consisting of real properties in Manila,
Pampanga, and Bulacan.
2) When Bibiano Barretto died, he left his share of these properties in a
will Salud Barretto, mother of plaintiff's wards, and Lucia Milagros
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
Lower court project of partition for the settlement of the estate of Bibiano
Barretto to be null and void ab initio because the distributee, Salud Barretto,
predecessor of plaintiffs (now appellants), was not a daughter of the spouses
Bibiano Barretto and Maria Gerardo.
Article 1081 of the Civil Code of 1889 (then in force) provides as
follows: A partition in which a person was believed to be an heir,
without being so, has been included, shall be null and void.
148
ISSUE: W/N the partition from which Salud acquired the fishpond is void
abinitio and Salud did not acquire valid title to it. NO
RULING:
RE: PRETERITION:
SUPREME COURT Article 1081 of the old Civil Code has been misapplied to
the present case because:
Salud Barretto admittedly had been instituted heir in the late Bibiano
Barretto's last will and testament together with defendant Milagros;
hence, the partition had between them could not be one such had
with a party who was believed to be an heir without really being one,
and was not null and void under said article.
The legal precept (Article 1081) does not speak of children, or
descendants, but of heirs (without distinction between forced,
voluntary or intestate ones), and the fact that Salud happened not to
be a daughter of the testator does not preclude her being one of the
heirs expressly named in his testament; for Bibiano Barretto was at
liberty to assign the free portion of his estate to whomsoever he
chose. While the share () assigned to Salud impinged on the legitime
of Milagros, Salud did not for that reason cease to be a testamentary
heir of Bibiano Barretto.
Nor does the fact that Milagros was allotted in her father's will a share
smaller than her legitime invalidate the institution of Salud as heir,
since there was here no preterition, or total ommission of a forced
heir.
DEFENDANT contends that the partition in question was void as a
compromise on the civil status of Salud in violation of Article 1814 of the old
Civil Code.
149
b.
c.
5.
6.
7.
8.
2. Probate court should have passed upon intrinsic validity and dismissed the
case.
in order that a person may be allowed to intervene in a probate
proceeding he must have an interest in the estate, or in the will, or in
the property to be affected by it either as executor or as a claimant of
the estate
an interested party is one who would be benefited by the estate such
as an heir or one who has a claim against the estate like a creditor
o Petitioner is not the appointed executor, neither a devisee or
a legatee there being no mention in the testamentary
disposition of any gift of an individual item of personal or real
property he is called upon to receive
At the outset, he appears to have an interest in the will as an heir, a
person called to the either by the provision of a will or by operation of
law
However, intestacy having resulted from the preterition of
respondent adopted child and the universal institution of heirs,
petitioner is in effect not an heir of the testator.
7.
FACTS:
1. Rosario Nuguid, a resident of Quezon City, died on December 30, 1962,
single, without descendants, legitimate or illegitimate.
2. Surviving her were her legitimate parents, Felix Nuguid and Paz Salonga
Nuguid, and six (6) brothers and sisters, namely: Alfredo, Federico,
Remedios, Conrado, Lourdes and Alberto, all surnamed Nuguid.
3. On May 18, 1963, petitioner Remedios Nuguid filed in the Court of First
Instance of Rizal a holographic will allegedly executed by Rosario Nuguid,
some 11 years before her demise.
4. On June 25, 1963, Felix Nuguid and Paz Salonga Nuguid, concededly the
legitimate father and mother of the deceased Rosario Nuguid, entered
their opposition to the probate of her will.
5. On August 29, 1963, before a hearing was had on the petition for probate
and objection thereto, oppositors moved to dismiss on the ground of
absolute preterition.
6. On September 6, 1963, petitioner registered her opposition to the motion
to dismiss.
held that "the will in question is a complete nullity and will perforce
create intestacy of the estate of the deceased Rosario Nuguid"
RULING:
o The meat of the case is the intrinsic validity of the will.
o Normally, this comes only after the court has declared that the will has
been duly authenticated.2
If the case were to be remanded for probate of the will, nothing will
be gained.
On the contrary, this litigation will be protracted.
And for aught that appears in the record, in the event of probate or if
the court rejects the will, probability exists that the case will come up
once again before us on the same issue of the intrinsic validity or
nullity of the will.
Result: waste of time, effort, expense, plus added anxiety.
These are the practical considerations that induce us to a belief that
we might as well meet head-on the issue of the validity of the
provisions of the will in question.3 After all, there exists a justiciable
controversy crying for solution.
And now, back to the facts and the law. The deceased Rosario Nuguid left
no descendants, legitimate or illegitimate. But she left forced heirs in the
direct ascending line her parents, now oppositors Felix Nuguid and Paz
Salonga Nuguid. And, the will completely omits both of them:
They thus received nothing by the testament; tacitly, they were
deprived of their legitime; neither were they expressly disinherited.
This is a clear case of preterition.
Really, as we analyze the word annul employed in the statute, there is
no escaping the conclusion that the universal institution of petitioner
to the entire inheritance results in totally abrogating the will.
Because, the nullification of such institution of universal heir without
any other testamentary disposition in the will amounts to a declaration
that nothing at all was written.
We should not be led astray by the statement in Article 854 that,
annullment notwithstanding, the devises and legacies shall be valid
insofar as they are not inofficious.
Legacies and devises merit consideration only when they are so expressly
given as such in a will.
Nothing in Article 854 suggests that the mere institution of a
universal heir in a willvoid because of preteritionwould give the
heir so instituted a share in the inheritance.
Petitioners mainstay is that the present is a case of ineffective
disinheritance rather than one of preterition
From this, petitioner draws the conclusion that Article 854 does not
apply to the case at bar.
This argument fails to appreciate the distinction between preterition
and disinheritance.
152
o
o
b.
2.
3.
In the Matter of the Petition to Approve the Will of Leodegaria Julian. FELIX
BALANAY, JR., petitioner, vs. HON. ANTONIO M. MARTINEZ, Judge of the
Court of First Instance of Davao, Branch VI; AVELINA B. ANTONIO and DELIA
B. LANABAN, respondents.
G.R. No. L-39247 June 27, 1975
Aquino, J.
(Jeka)
Facts:
1.
Leodegaria Julian, a native of Sta. Maria, Ilocos Sur was survived by her
husband, Felix Balanay, Sr., and by their six legitimate children named
Felix Balanay, Jr., Avelina B. Antonio, Beatriz B. Solamo, Carolina B.
Manguiob, Delia B. Lanaban and Emilia B. Pabaonon.
a. Felix J. Balanay, Jr. filed in the lower court a petition for the
probate of his mother's notarial will which is written in
English.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
4.
5.
In that will Leodegaria Julian declared (a) that she was the
owner of the "southern half of nine conjugal lots (par. II); (b)
that she was the absolute owner of two parcels of land which
she inherited from her father (par. III), and (c) that it was her
desire that her properties should not be divided among her
heirs during her husband's lifetime and that their legitimes
should be satisfied out of the fruits of her properties (Par. IV).
c. In paragraph V of the will she stated that after her husband's
death (he was eighty-two years old in 1973) her paraphernal
lands and all the conjugal lands (which she described as "my
properties") should be divided and distributed in the manner
set forth in that part of her will. She devised and partitioned
the conjugal lands as if they were all owned by her. She
disposed of in the will her husband's one half share of the
conjugal assets.
Felix Balanay, Sr. and Avelina B. Antonio opposed the probate of the
will on the grounds of lack of testamentary capacity, undue
influence, preterition of the husband and alleged improper partition
of the conjugal estate.
a. The oppositors claimed that Felix Balanay, Jr. should collate
certain properties which he had received from the testatrix.
Felix Balanay, Jr., in his reply to the opposition, attached thereto an
affidavit of Felix Balanay, Sr.
a. Wherein he withdrew his opposition to the probate of the
will and affirmed that he was interested in its probate
b. Felix Balanay, Sr. signed an instrument captioned
"Conformation (sic) of Division and Renunciation of
Hereditary Rights" wherein he manifested that out of respect
for his wife's will he "waived and renounced' his hereditary
rights in her estate in favor of their six children.
c. In that same instrument he confirmed the agreement, which
he and his wife had perfected before her death, that their
conjugal properties would be partitioned in the manner
indicated in her will.
Avelina B. Antonio, an oppositor, in her rejoinder contended that the
affidavit and "conformation" of Felix Balanay, Sr. were void.
a. LC: "denied" the opposition and reset for hearing the probate
of the will.
Mrs. Antonio moved for the reconsideration of the lower court's
order
153
6.
7.
8.
9.
Issue: WON the probate court erred in passing upon the intrinsic validity of the
will, before ruling on its allowance or formal validity, and in declaring it void.
Held: The trial court acted correctly in passing upon the will's intrinsic validity
even before its formal validity had been established. But the probate court
erred in declaring, in its order of February 28, 1974 that the will was void and in
converting the testate proceeding into an intestate proceeding.
Ratio:
1.
2.
3.
4.
5.
6.
7.
b.
c.
155
7.
8.
9.
The Garcias further moved for the impleading of the Solano estate in
addition to Zonia, which was opposed by the latter, but which the Trial
Court granted.
TC specified the legal issues to be treated in the parties' respective
Memoranda as:
The question of recognition of the GARCIAS
The correct status of ZONIA
The hereditary share of each of them in view of the probated Will.
TC: Declared the Garcias and Zoniaas the illegitimate children of the late
Dr. Meliton Solano under the class of adulterous children, with all the
rights granted them by law; Zonia as sole heir null and void and the 3 shall
equally share the estate
CA appeal by Zonia, but Court affirmed
ISSUES:
1. Are the Garcias and Zonia illegitimate children? YES
2. Does the TC have jurisdiction in an action for recognition: to declare Zonia
as an illegitimate child, to order the division of the estate in the same
action despite the pendency of Special Proceedings No. 842, and to declare
null and void the institution of heir in the Last Win and Testament of
Solano, which was duly probated in the same Special Proceedings No. 842,
and concluding that total intestacy resulted? YES
3. Did the TC have jurisdiction in declaring null and void the institution of heir
in Solano's will; in concluding that total intestacy resulted therefrom; and
distributing the shares of the parties in SOLANO's estate when said estate
was under the jurisdiction and control of the Probate Court? YES
HELD:
First:
1. The SC is bound by the findings of fact of both the Trial Court and the
Appellate Court.
2. The oral testimony and the documentary evidence of record inevitably
point to that conclusion, as may be gleaned from the following background
facts:
Solano, married Pilar Riosa, who latter died.
On a world tour he met a French woman who became his second wife,
but the union was short-lived as she left him.
Solano started having amorous relations with Juana Garcia, out of
which affair was born Bienvenido Garcia, then Emeteria Garcia.
Second:
1. It is true that the action below was basically one for recognition.
2. However, Zonia did not only rely upon Solano's Answer already of record
but asserted new rights in her capacity as sole and universal heir,
"executrix and administratrix, "and challenged the right of the GARCIAS to
recognition.
3. Thus, she was not defending the case as a mere representative of the
deceased but asserted rights and defenses in her own personal capacity.
4. The litigation was converted into a contest between the Garcias and Zonia
precisely as to their correct status as heirs and their respective rights as
such.
5. No error was committed by either the Trial Court or the Appellate Court,
therefore, in resolving the issue of Zonia's status.
Third:
1. Normally, this would be the general rule, however, a peculiar situation is
thrust upon us here.
It should be recalled that Solano himself instituted the petition for
probate of the Will during his lifetime, and that proceeding was not
one to settle the estate of a deceased person that would be deemed
156
2.
3.
4.
5.
6.
2.
3.
4.
6.
7.
the holographic will of Segundo does not contain any disposition of the
estate of the deceased and thus does not meet the definition of a will
under Article 783 of the Civil Code.
The will only shows an alleged act of disinheritance by the
decedent of his eldest son, Alfredo, and nothing else; that all
other compulsory heirs were not named nor instituted as heir,
devisee or legatee, hence, there is preterition which would result
to intestacy
Petitioners filed their opposition to the motion to dismiss contending that:
1) generally, the authority of the probate court is limited only to a
determination of the extrinsic validity of the will; 2) private respondents
question the intrinsic and not the extrinsic validity of the will; 3)
disinheritance constitutes a disposition of the estate of a decedent; and, 4)
the rule on preterition does not apply because Segundos will does not
constitute a universal heir or heirs to the exclusion of one or more
compulsory heirs.
the RTC issued its assailed order, dismissing the petition for probate
proceedings, ruling that:
A perusal of the document termed as "will" by
oppositors/petitioners Dy Yieng Seangio, et al., clearly shows that
there is preterition, as the only heirs mentioned thereat are
Alfredo and Virginia.
[T]he other heirs being omitted, Article 854 of the New Civil Code
thus applies.
However, insofar as the widow Dy Yieng Seangio is concerned,
Article 854 does not apply, she not being a compulsory heir in
the direct line.
The purported holographic will of Segundo that was presented by
petitioners was dated, signed and written by him in his own handwriting.
Except on the ground of preterition, private respondents did not raise
any issue as regards the authenticity of the document.
Issue:
1.
2.
3.
158
Ruling:
1.
2.
3.
4.
159
2.
3.
4.
5.
FEBRUARY 6, 2012
TESTATE ESTATE OF JOSE EUGENIO RAMIREZ, MARIA LUISA PALACIOS,
Administratrix, petitioner-appellee vs. MARCELLE D. VDA. DE RAMIREZ, ET AL.,
oppositors, JORGE and ROBERTO RAMIREZ, legatees, oppositors- appellants
G.R. No. L-27952; February 15, 1982; J. Abad Santos
(Bon)
6.
Issue:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
160
161
3.
4.
5.
6.
7.
ISSUE: WON the will of Concepcion Mapa de Hidrosollo created a trust in their
favor, not a fideicommissary substitution
HELD: We find both contentions meritorious.
1. A careful perusal and scrutiny of the pertinent provisions of Concepcion
Mapa de Hidrosollo's Will reveal that she intended to create a trust in
favor of both petitioners and private respondents.
2. Thus, under paragraph 8 of the Will,
LudovicoHidrosollo was instituted as sole and universal heir to the rest
of the properties not covered by the legacies in the preceding
paragraphs.
Under paragraph 9, however, said LudovicoHidrosollo was charged
(encargo) with the obligation to deliver the rest of the estate in equal
parts to the Mapa, Salazar and Hidrosollo nephews and nieces,
who, as beneficiaries, were directed to deliver annually to one
Salvador Genova, during his lifetime, 12 cavans of palay on the
condition that the latter assist Luis Hidrosollo in each harvest.
Said beneficiaries were likewise required to allow said Salvador
Genova to maintain his house on a parcel of land situated at
Ilaud, Municipality of Dumarao, without payment of any
compensation
3. In paragraph 11 of the same Will, the testatrix expressly provided that
any obligations which her husband might incur after her death, shall be
charged against the share corresponding to the Hidrosollo nephews and
niecesand in no case shall the participation of her own nephews and nieces
be charged with said obligations.
4. She likewise expressed the wish that all her properties should always
remain in co-ownership among her beneficiaries, who should abstain
from selling or encumbering the same in any manner whatsoever (par.
162
5.
6.
7.
13) and that the same be administered jointly by Ignacio Salazar and Luis
Hidrosollo, or in case of their inability, by a nephew or niece from each of
the two groups (par. 15).
Although the word "trust" itself does not appear in the Will, the
testatrix's intent to create one is nonetheless clearly demonstrated by the
stipulations in her Will.
In designating her husband LudovicoHidrosollo as universal and sole
heir with the obligation to deliver the properties to petitioners and
private respondents, she intended that the legal title should vest in
him, and in significantly referring to petitioners and private
respondents as "beneficiarios," she intended that the beneficial or
equitable interest to these properties should repose in them.
To our mind, these designations, coupled with the other provisions for
co-ownership and joint administration of the properties, as well as the
other conditions imposed by the testatrix effectively created a trust in
favor of the parties over the properties adverted to in the Will.
"No particular words are required for the creation of an express trust,
it being sufficient that a trust is clearly intended. " (Art. 1443, Civil
Code of the Philippines).
However, we must not lose sight of the fact that as the surviving spouse
of the testatrix, LudovicoHidrosollo was entitled to a legitime of one-half
(1/2) of her hereditary estate.
As that portion is reserved by law for the compulsory heirs, no burden,
encumbrance, condition or substitution of any kind whatsoever may
be imposed upon the legitime by the testator. (Art. 904, second
paragraph, Ibid)
The trust created by Concepcion Mapa should therefore be, as it is
hereby declared to be effective only on the free portion of her estate,
i.e., that portion not covered by LudovicoHidrosollo'slegitime.
Anent the issue of res judicata,
We rule that the order denying petitioners' motion for intervention in
Special Proceedings No. 52229 did not constitute an adjudication on
the merits and therefore could not operate as a bar to Civil Case No.
59566.
163
3.
Due to the time of the testators death the laws in effect is the Civil Code.
It is clear that the particular testamentary clause under consideration
provides for a substitution of the heir named therein in this manner:
That upon the death of Consolacion Florentino whether this
occurs before or after that of the testatrix the property
bequeathed to her shall be delivered ("se dara") or shall belong
in equal parts to the testatrix's three brothers, Evaristo, Manuel
and Dionisio, or their forced heirs, should anyone of them die
ahead of Consolacion Florentino.
If this clause created what is known as sustitucion vulgar, the
necessary result would be that Consolacion Florentino, upon the
death of the testatrix, became the owner of one undivided half
of the property..
But if it provided for a sustitution fideicomisaria, she would have
acquired nothing more than usufructuary rights over the same
half.
In the former case, she would undoubtedly be entitled to
partition, but not in the latter.
As Manresa says, if the fiduciary did not acquire full ownership of
the property bequeathed by will, but mere usufructuary rights
thereon until the time came for him to deliver said property to
the fideicomisario, it is obvious that the nude ownership over the
property, upon the death of the testatrix, passed to and was
acquired by another person, and the person cannot be other than
the fideicomisario
It seems to be of the essence of a fideicommissary substitution that an
obligation be clearly imposed upon the first heir to preserve and transmit
to another the whole or part of the estate bequeathed to him, upon his
death or upon the happening of a particular event.
For this reason, Art. 785 of the old Civil Code provides that a
fideicommissary substitution shall have no effect unless it is
made expressly ("de una manera expresa") either by giving it such
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
4.
164
2.
3.
4.
5.
6.
c.
2.
It does not admit of doubt that in the disputed clause the testatrix did
make clear her purpose not to mortgage or to sell forever more (kailan
man) certain properties left by her.
a. There would seem then some justification for the Court of
Appeals in the challenged resolution to deny force and effect
to such a wish considering that a perpetual prohibition to
alienate is by the Civil Code forbidden.
b. The more controlling provision, however, as already made
mention of is supplied by Article 870.
c. Its terms are clear. The dispositions of the testator
declaring all or part of the estate inalienable for more than
twenty years are void.
d. What is declared void is the testamentary disposition
prohibiting alienation after the twenty-year period.
e. In the interim, such a provision does not suffer from the vice
of invalidity, It cannot be stricken down.
There is no room for intestacy as would be the effect if the challenged
resolution of January 8, 1968 were not set aside.
a. The wishes of the testatrix constitute the law. Her will must
be given effect. This is so even if there could be an element
of uncertainty insofar as the ascertainment thereof is
concerned.
b. The words of a will are to receive an interpretation which
will give to every expression some eff ect, rather than one
which will render any of the expressions inoperative; and of
165
3.
4.
5.
FACTS:
1.
2.
3.
4.
5.
6.
7.
HELD:
1. Court of Appeals found that the private respondent had a cause of action
against the petitioner
2) Even if the kasulatan was not simulated, it still violated the Civil Code
provisions insofar as the transaction affected respondents
legitime. The sale was executed in 1983, when the applicable law was
the Civil Code, not the Family Code.
Obviously, the sale was Gregorios way to transfer the property to
his illegitimate daughters at the expense of his legitimate
daughter. The sale was executed to prevent respondent Alfonso
from claiming her legitime and rightful share in said
169
Thirdly, the deeds of sale do not reflect and express the true
intent of the parties
Gregorio Francisco did not own any other property. If indeed the
parcels of land involved were the only property left by their father, the
sale in fact would deprive respondent of her share in her fathers
estate. By law, she is entitled to half of the estate of her father as his
only legitimate child.
The legal heirs of the late Gregorio Francisco must be determined in proper
testate or intestate proceedings for settlement of the estate.
His compulsory heir can not be deprived of her share in the estate save by
disinheritance as prescribed by law.
4.
Defendants answers
2.
3.
5.
(3) that the certificates of title were issued with sufficient factual
and legal basis
RTC: the trial court ordered the dismissal of the case
6.
the trial court noted that compulsory heirs have the right to a
legitime but such right is contingent since said right commences
only from the moment of death of the decedent pursuant to
Article 777 of the Civil Code of the Philippines
CA: affirmed RTCs decision
Issue/held:
1. Whether Petitioners have a legal interest over the properties subject
of the Deeds of Sale? NO
2. Whether the Deeds of Sale are void for lack of consideration? NO
3. Whether the Deeds of Sale are void for gross inadequacy of price? NO
Rationale:
st
1 issue
1. Petitioners Complaint betrays their motive for filing this case. In their
Complaint, petitioners asserted that the purported sale of the
properties in litis was the result of a deliberate conspiracy designed to
170
2.
2.
3.
4.
If their parents die still owning the lots, petitioners and their
respondent siblings will then co-own their parents estate by
hereditary succession
It is evident from the records that petitioners are interested in the
properties subject of the Deeds of Sale, but they have failed to show
any legal right to the properties
3.
5.
6.
nd
issue
1. A contract of sale is not a real contract, but a consensual contract. As
a consensual contract, a contract of sale becomes a binding and valid
contract upon the meeting of the minds as to price.
4.
rd
3 issue
1. Art. 1355. Except in cases specified by law, lesion or inadequacy of
cause shall not invalidate a contract, unless there has been fraud,
mistake or undue influence.
2. Art. 1470. Gross inadequacy of price does not affect a contract of
sale, except as may indicate a defect in the consent, or that the parties
really intended a donation or some other act or contract
3. Petitioners failed to prove any of the instances mentioned in Articles
1355 and 1470 of the Civil Code which would invalidate, or even
affect, the Deeds of Sale.
4.
5.
Courts cannot follow one every step of his life and extricate him
from bad bargains, protect him from unwise investments, relieve
him from one-sided contracts, or annul the effects of foolish
acts.
5.
6.
the trial court found that the lots were sold for a valid consideration,
and that the defendant children actually paid the purchase price
stipulated in their respective Deeds of Sale.
4.
7.
8.
172
The two could not validly enter into a marriage because when
Pricola fled from her own wedding party on May 23, 1913,
the wedding rites to Felix de Maya had already been
solemnized.
b. Since Eustaquio Castro was a widower when Benita was
conceived, Benita is a natural child.
c. However, from the viewpoint of the mother who had a
subsisting marriage to Felix de Maya, Benita was her spurious
child.
2. Under the Civil Code, for an illegitimate child other than natural to
inherit, she must first be recognized voluntarily or by court action.
a. The rights of an illegitimate child arose not because she was
the true or real child of her parents but because under the
law, she had been recognized or acknowledged as such a
child.
b. The appellate court ruled that the private respondent was
voluntarily recognized by her father, Eustaquio Castro
through the record of birth, hence there was no need for any
judicial pronouncement.
3. The record of birth referred to by the appellate court is actually the
birth certificate of the private respondent. It appears in the certificate
that Eustaquio Castro is the respondent's father.
a. This is no question that Eustaquio himself reported the birth
of his daughter but this record is not determinative of
whether or not he also signed the easily lost looseleaf form of
the certificate from where the entry in book bound or
logbook record was taken
b.
c.
CORITO OCAMPO TAYAG, petitioner, vs. HON. COURT OF APPEALS and EMILIE
DAYRIT CUYUGAN, respondent
G.R. No. 95229; June 9, 1992; J. Regalado
(Bon)
Doctrine: There is no absolute necessity requiring that the action to compel
acknowledgment should have been instituted and prosecuted to a successful
conclusion prior to the action in which that same plaintiff seers additional relief
in the character of heir.
Facts:
1.
2.
3.
4.
Plaintiff is the mother and legal guardian of her minor son, Chad
Cuyugan, by the father of the defendant, the late Atty. Ricardo
Ocampo; and the defendant is the known administratrix of the real
and personal properties left by her deceased father, said Atty.
Ocampo, who died intestate in Angeles City on September 28, 1983;
Chad was the illegitimate son of Ricardo Ocampo.
Plaintiff in her capacity as mother and legal guardian of minor Chad D.
Cuyugan, filed on April 9, 1987 a complaint denominated "Claim for
Inheritance" against herein petitioner as the administratrix of the
estate of the late Atty. Ricardo Ocampo
The estate of the late Atty. Ocampo has not as yet been inventoried by
the defendant and the inheritance of the surviving heirs including that
of said Chad has not likewise been ascertained;
5.
6.
The only known surviving heirs of the deceased Atty. Ricardo Ocampo
are his children, namely: Corito O. Tayag, Rivina O. Tayag, Evita O.
Florendo, FelinaOcampo, and said minor Chad, for and in whose
behalf this instant complaint is filed
Several demands, verbal and written, have been made for defendant
to grant Chad's lawful inheritance, but despite said demands,
defendant failed and refused and still fails and refused and still fails
and refuses to satisfy the claim for inheritance against the estate of
the late Atty. Ocampo
Issue:
Is the recognition of the minor child, either voluntarily or by judicial action, by
the alleged putative father must first be established before the petitioners
child can invoke his right to succeed and participate in the estate of the father?
Held:
YES but can be filed in one case
It was held in the PAULINO CASE that:
an illegitimate child, to be entitled to support and successional rights
from the putative or presumed parent, must prove his filiation to the
latter
it is necessary to allege in the complaint that the putative father had
acknowledged and recognized the illegitimate child because such
acknowledgment is essential to and is the basis of the right to inherit.
There being no allegation of such acknowledgment, the action becomes one
to compel recognition which cannot be brought after the death of the
putative father.
IN THIS CASE:
although petitioner contends that the complaint filed by herein
private respondent merely alleges that the minor Chad Cuyugan is an
illegitimate child of the deceased and is actually a claim for
inheritance, from the allegations therein the same may be
considered as one to compel recognition
Further that the two causes of action, one to compel recognition and
the other to claim inheritance, may be joined in one complaint is not
new in our jurisprudence.
o The question whether a person in the position of the present
plaintiff can any event maintain a complex action to compel
174
8.
9.
ISSUE:
First is a widow (surviving spouse) an intestate heir of her mother-in-law?
NO
HELD:
Our answer to the first question is in the negative.
Intestate or legal heirs are classified into two (2) groups, namely, those
who inherit by their own right, and those who inherit by the right of
representation.
There is no provision in the Civil Code which states that a widow
(surviving spouse) is an intestate heir of her mother-in-law.
The entire Code is devoid of any provision which entitles her to
inherit from her mother-in- law either by her own right or by the right
of representation.
Article 887 of the Civil Code which provides that: xxx The aforesaid
provision of law refers to the estate of the deceased spouse in which
case the surviving spouse (widow or widower) is a compulsory heir. It
does not apply to the estate of a parent-in-law.
Article 971 explicitly declares that Macikequerox Rosales is called to
succession by law because of his blood relationship. He does not succeed
his father, Carterio Rosales (the person represented) who predeceased his
grandmother, Petra Rosales, but the latter whom his father would have
succeeded. Petitioner cannot assert the same right of representation as
she has no filiation by blood with her mother-in-law
175
2.
If it does, will abatement also apply if the action involves property rights?
YES
Ruling:
1.
2.
3.
4.
An action for legal separation which involves nothing more than the bedand-board separation of the spouses (there being no absolute divorce in
this jurisdiction) is purely personal.
Being personal in character, it follows that the death of one party
to the action causes the death of the action itself actio
personalis moritur cum persona.
In the absence of a statute to the contrary, the death of one of
the parties to such action abates the action, for the reason that
death has settled the question of separation beyond all
controversy and deprived the court of jurisdiction, both over the
persons of the parties to the action and of the subject-matter of
the action itself.
For this reason the courts are almost unanimous in holding that
the death of either party to a divorce proceeding, before final
decree, abates the action.
A review of the resulting changes in property relations between spouses
shows that they are solely the effect of the decree of legal separation;
hence, they can not survive the death of the plaintiff if it occurs
prior to the decree.
From article 106 of the Civil Code it is apparent that the right to the
dissolution of the conjugal partnership of gains (or of the absolute
community of property), the loss of right by the offending spouse to any
share of the profits earned by the partnership or community, or his
disqualification to inherit by intestacy from the innocent spouse as well
as the revocation of testamentary provisions in favor of the offending
spouse made by the innocent one, are all rights and disabilities that, by
the very terms of the Civil Code article, are vested exclusively in the
persons of the spouses;
and by their nature and intent, such claims and disabilities are
difficult to conceive as assignable or transmissible.
A further reason why an action for legal separation is abated by the death
of the plaintiff, even if property rights are involved, is that these rights are
mere effects of decree of separation, their source being the decree itself;
176
5.
6.
without the decree such rights do not come into existence, so that
before the finality of a decree, these claims are merely rights in
expectation.
As to the petition of respondent-appellee Eufemio for a declaration of
nullity ab initio of his marriage to Carmen Lapuz, it is apparent that such
action became moot and academic upon the death of the latter
And there could be no further interest in continuing the same
after her demise
Any property rights acquired by either party as a result of Article 144 of the
Civil Code of the Philippines 6 could be resolved and determined in a
proper action for partition by either the appellee or by the heirs of the
appellant.
3.
2.
4.
5.
WON Alicia, the spouse and the one who received the petitioners'
payment, is entitled to it.
Held/Ratio:
1.
2.
There can be no question that Alicia and her son with the deceased
are the successors in interest referred to in law as the persons
authorized to receive payment.
a. It is patently clear that the parents of the deceased succeed
only when the latter dies without a legitimate descendant.
b. On the other hand, the surviving spouse concurs with all
classes of heirs.
c. As it has been established that Bienvenido was married to
Alicia and that they begot a child, the private respondents are
not successors-in-interest of Bienvenido; they are not
compulsory heirs.
d. The petitioners therefore acted correctly in settling their
obligation with Alicia as the widow of Bienvenido and as the
natural guardian of their lone child.
e. This is so even if Alicia had been estranged from Bienvenido.
Mere estrangement is not a legal ground for the
disqualification of a surviving spouse as an heir of the
deceased spouse.
Neither could the private respondents, as alleged creditors of
Bienvenido, seek relief and compensation from the petitioners.
a. The said purchase price and expenses are but money claims
against the estate of their deceased son.
b. These money claims are not the liabilities of the petitioners
who, as we have said, had been released by the agreement of
the extra-judicial settlement they concluded with Alicia
178
2.
3.
4.
5.
6.
7.
8.
179
10.
11.
12.
13.
14.
15.
16.
she was declared sole heir of the estate of Esteban Javellana, Jr. She
explained that this was done for three reasons:
a. (1) because the properties of the estate had come from her
sister, Salustia Solivio;
b. (2) that she is the decedent's nearest relative on his mother's
side; and
c. (3) with her as sole heir, the disposition of the properties of
the estate to fund the foundation would be facilitated.
she sold properties of the estate to pay the taxes and other obligations
of the deceased and proceeded to set up the "SALUSTIA SOLIVIO VDA.
DE JAVELLANA FOUNDATION" which she caused to be registered in
the Securities and Exchange Commission
Four months later, or on August 7, 1978, Concordia Javellana
Villanueva filed a motion for reconsideration of the court's order
declaring Celedonia as "sole heir" of Esteban, Jr., because she too was
an heir of the deceased.
her motion was denied by the court for tardiness
Concordia filed the Regional Trial Court of Iloilo for partition, recovery
of possession, ownership and damages.
said trial court rendered judgment in favor of Concordia JavellanaVillanueva
Celedonia perfected an appeal to the Court of Appeals
Court of Appeals rendered judgment affirming the decision of the trial
court in toto.
180
5.
6.
7.
8.
9.
(1) The applicant acquired said lands from her descendant Pedro
Sablan by inheritance;
(2) Pedro Sablan had acquired them from his ascendant
Victoriano Sablan, likewise by inheritance;
(3) Victoriano Sablan had likewise acquired them by inheritance
from his ascendants, Mariano Sablan and Maria Rita Fernandez,
they having been adjudicated to him in the partition of hereditary
property had between him and his brothers.
Issue/held:
1. WON it was provend that the two parcel of land have beend acquired
by operation of law? YES
2. Did the trial court erred to sustain the renunciation of the right
required b law to be reserved ,which the applicant attributes to the
opponents? NO
3. Has the action prescribed? NO
4. What are the rights in the property of the person who holds it subject
to the reservation of article 811 of the Civil Code?
- Duty of the ascendant,who inherits, to reserve the property in
accordance with the law.
- Right of ascendant to dispose or register the property on his own
name
Rationale:
st
1 issue:
1. he applicant inherited the two parcels of land from her son Pedro,
who died "unmarried and without issue." The trial court so held as a
conclusion of fact, without any objection on the appellant's part.
- When Pedro Sablan died without issue, his mother became his
heir by virtue of her right to her son's legal portion under article
935 of the Civil Code
2. The contrary could only have occurred if the heiress had
demonstrated that any of these lands had passed into her possession
by free disposal in her son's will;
but the case presents no testamentary provision that
demonstrate any transfer of property from the son to the mother,
not by operation of law, but by her son's wish.
181
3.
4.
5.
6.
nd
2 issue:
1. Such renunciation does not appear in the case. The appellant deduces
it from the fact that the appellees did not contradict the following
statement of hers at the trial:
- The day after my brother-in-law Pablo Sablan dies and was buried,
his brother came to my house and said that those rice lands were
mine, because we had already talked about making delivery of
them.
- The other brother alluded to is Basilio Sablan, as stated on page
92. From the fact that Basilio Sablan said that the lands belong to
the appellant
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
rd
3 issue;
Appellant: prescription of the opponent's right of action for requiring
fulfillment of the obligation they attribute to her recording in the property
registry the right required by law to be reserved, in accordance with the
provisions of the Mortgage Law; and as such obligation is created by law,
- it prescribed in the time fixed in No. 2 of section 43 of Act No.
190. She adds: "Prescription of the right alleged to the reserved
by force of law has not been invoked."
Appellees reply: It is true that their right of action has prescribed for requiring
the applicant to constitute the mortgage imposed by the Mortgage Law for
guaranteeing the effectiveness of the required by law to be reserved;
but because that right of action has prescribed, that property has
not been divested of its character of property required by law to
be reserved
.SC:
1. The appellant does not state in her brief what those provisions of the
Mortgage Law are. Nor did she do so in first instance,
2. The existence of the right required by law to be reserved in the two
parcels of land in question being indisputable, even though it be
admitted that the right of action which the Mortgage Law grants as a
guaranty of final enforcement of such right has prescribed,
the only thing to be determined by this appeal is the question
raised in the first assignment of error, that is, how said two
parcels of land can and ought to be registered,
- not in the property registry newly established by the Mortgage
Law, but in the registry newly organized by Act No. 496.
- But as the have slipped into the allegations quoted some rather
inexact ideas that further obscure such an intricate subject as this
of the rights required to be reserved in Spanish-Philippine law, a
brief disgression on the most essential points may not be out of
place here.
3. Two kinds of property required by law to be reserved are
distinguished in the Civil Code, as set forth in article 968 thereof,
where it says:
182
4.
5.
6.
7.
th
4 issue:
1. The ascendants who inherits from a descendants, whether by the
latter's wish or by operation of law, requires the inheritance by virtue
of a title perfectly transferring absolute ownership.
All the attributes of the right of ownership belong to him
exclusively use, enjoyment, disposal and recovery. This
absolute ownership, which is inherent in the hereditary title, is
183
2.
3.
4.
184
Short Version
Lot 3368 originally belonged to Saturnino Yaeso. With his first wife, Teresa
Ruales, he had four children named Agaton, Fernando, Paulina and Cipriana,
while with his second wife, Andrea Gutang, he had an only son named
Francisco. According to the cadastral records of Ayuquitan, the properties left
by Saturnino upon his death were left to his children as follows: Lot 3366 to
Cipriana, Lot 3367 to Fernando, Lot 3375 to Agaton, Lot 3377 (southern
portion) to Paulina, and Lot 3368 (western portion) to Francisco. As a result of
the cadastral proceedings, an OCT covering Lot 3368 was issued in the name of
Francisco.
Because Francisco was a minor at the time, his mother administered the
property for him, declared it in her name for taxation purposes, and paid the
taxes due thereon. When Francisco died at the age of 20, single and without
any descendant, his mother, as his sole heir, executed the public instrument
and sold the property in question to appellants in consideration of the sum of
P800.00. Andrea Gutang died on December 13, 1951, the lone reservee
surviving her being Cipriana Yaeso who died only on January 13, 1952. Said
vendees demanded from Paulina and her husband, the surrender of the OCT
which was in their possession, the latter refused, thus giving rise to the filing of
the corresponding motion in the cadastral, which was denied.
FACTS:
1. Lot 3368 originally belonged to Saturnino Yaeso.
2. With his first wife, Teresa Ruales, he had four children named Agaton,
Fernando, Paulina and Cipriana, while with his second wife, Andrea
Gutang, he had an only son named Francisco.
3. According to the cadastral records of Ayuquitan, the properties left by
Saturnino upon his death the date of which does not clearly appear of
record were left to his children as follows:
a. Lot 3366 to Cipriana,
b. Lot 3367 to Fernando,
c. Lot 3375 to Agaton,
d. Lot 3377 (southern portion) to Paulina, and
e. Lot 3368 (western portion) to Francisco.
4. As a result of the cadastral proceedings, Original Certificate of Title No.
10275 covering Lot 3368 was issued in the name of Francisco.
5. Because Francisco was a minor at the time, his mother administered the
property for him, declared it in her name for taxation purposes (Exhs A &
A-1), and paid the taxes due thereon (Exhs. B, C, C-1 & C-2).
6. When Francisco died on May 29, 1932 at the age of 20, single and without
any descendant, his mother, as his sole heir, executed the public
instrument xxxx she sold the property in question to appellants.
7. When thereafter said vendees demanded from Paulina Yaeso and her
husband Jose Esparcia, the surrender of Original Certificate of Title No.
10275 which was in their possession the latter refused, thus giving
rise to the filing of the corresponding motion in the cadastral record No.
507. The same, however, was denied
8. Thereafter, or more specifically, on July 30, 1951, Cipriana and Paulina
Yaeso, the surviving half-sisters of Francisco, and who as such had
declared the property in their name, on January 1, 1951 executed a deed
of sale in favor of the spouses Fidel Esparcia and Paulina Sienes (Exh. 2)
who, in turn, declared it in their name for tax purposes and thereafter
secured the issuance in their name of Transfer Certificate of Title No. T2141
9. Appellants commenced this action below to secure judgment
(1) declaring null and void the sale executed by Paulina and Cipriana
Yaeso in favor of appellees, the spouses Fidel Esparcia and Paulina
Sienes;
(2) ordering the Esparcia spouses to reconvey to appellants Lot 3368
of the Cadastral Survey of Ayuquitan (now Amlan), Oriental
Negros; and
185
ISSUE: Whether or not the reservable property in question is part of and must
be reverted to the estate of Cipriana Yaeso.
HELD:
As held by the trial court, it is clear upon the facts already stated, that the
land in question was reservable property. Francisco Yaeso inherited it by
operation of law from his father Saturnino, and
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
In the present case, Cipriana Yaeso, one of the reservees, was still alive
when Andrea Gutang, the person obliged to reserve, died.
Thus the former became the absolute owner of the reservable
property upon Andrea's death.
While it may be true that the sale made by her and her sister prior to
this event, became effective because of the occurrence of the
resolutory condition, we are not now in a position to reverse the
appealed decision, in so far as it orders the reversion of the property
in question to the Estate of Cipriana Yaeso, because the vendees
the Esparcia spouses did not appeal therefrom.
5.
Said daughter took possession of all the property left at the death of
her mother, Severina Faz de Leon; including the property, described in
the complaint, which the said Severina Faz de Leon inherited from her
deceased son, the posthumos Apolonio, as reservable property
a. that, as a reservist, the heir of the said Mercedes Florentino
deceased had been gathering for herself alone the fruits of
lands described in the complaint; that each and every one of
the parties mentioned in said complaint is entitled to oneseventh of the fruits of the reservable property described
therein, either by direct participation or by representation.
Issue:
Is the property left at the death of Apolonio III, vested with the character of
reservable property when it was received by his mother, Severina Faz de Leon
lost the character of being reservable property ?
Held:
NO. Reservable property neither comes, nor falls under, the absolute
dominion of the ascendant who inherits and receives same from his
descendant, therefore it does not form part of his own property nor become
the legitimate of his forced heirs. It becomes his own property only in case
that all the relatives of his descendant shall have died (reservista) in which
case said reservable property losses such character.
Note that there are then seven "reservatarios" who are entitled to
the reservable property left at the death of Apolonio III
o As the first four are his relatives within the third degree in
their own right and the other twelve are such by
representation, all of them are indisputably entitled as
reservatarios to the property which came from the common
ancestor, Apolonio Isabelo, to Apolonio Florentino III by
inheritance during his life-time, and in turn by inheritance to
his legitimate mother, Severina Faz de Leon, widow of the
aforementioned Apolonio Isabelo Florentino II.
If this property was in fact clothed with the character and condition
of reservable property when Severina Faz de Leon inherited same
from her son Apolonio III, she did not thereby acquire the dominion
or right of ownership but only the right of usufruct or of fiduciary
with the necessary obligation to preserve and to deliver or return it
as such reservable property to her deceased son's relatives within
187
NOTE!!!
Any ascendant who inherits from his descendant any property, while there are
living, within the third degree, relatives of the latter, is nothing but a life
usufructuary or a fiduciary of the reservable property received. He is, however,
the legitimate owner of his own property which is not reservable property and
which constitutes his legitime, according to article 809 of the Civil Code. But if,
afterwards, all of the relatives, within the third degree, of the descendant (from
whom came the reservable property) die or disappear, the said property
becomes free property, by operation of law, and is thereby converted into the
legitime of the ascendant heir who can transmit it at his death to his legitimate
successors or testamentary heirs. This property has now lost its nature of
reservable property, pertaining thereto at the death of the relatives, called
reservatarios, who belonged within the third degree to the line from which
such property came.
As to REPRESENTATION:
The right of representation cannot be alleged when the one claming same as a
reservatario of the reservable property is not among the relatives within the
third degree belonging to the line from which such property came, inasmuch as
the right granted by the Civil Code in article 811 is in the highest degree
personal and for the exclusive benefit of designated persons who are the
relatives, within the third degree, of the person from whom the reservable
property came. Therefore, relatives of the fourth and the succeeding degrees
can never be considered as reservatarios, since the law does not recognize
them as such.
CELLES
188
2
Balbino Tioco
+ 3 parcles
1
Francisco Tioco de Papa Toribia Tioco de Papa
Manuel Tioco
Nicolas Tioco
Romana Tioco
4 parcels
4
Trinidad Dizon
Dalisay Tongko-Camacho
1/2 of all the 7 parcels
Marciana Felix
5
Eustacio Dizon
3
Faustino Dizon
Primo Tongko
PRIMA G. CARRILLO and LORENZO LICUP vs. FRANCISCA SALAK DE PAZ and
ERNESTO BAUTISTA
BENGZON, J.P., J.: G.R. No. L-22601
October 28, 1966
1) Severino Salak and Petra Garcia were the owners of Lot No. 221.
2) Petra Garcia died. Severino Salak sold to Honoria Salak for P812.00 his
portion of said lot. Severino Salak died. While, Honoria Salak and
other members of her family died massacred by the Japanese.
3) Two settlement proceedings were instituted in the Court:
a. Special Proceeding No. 3, to settle the estates of Severino
Salak and Petra Garcia and
b. Special Proceeding No. 23, to settle the estates of the Salak
family (parents Simeon Salak and Isabel Carrillo; and children
Adolfo, Honoria, Consuelo and Ligaya).
4) Special Proceeding No. 3 (year 1946) Project of Partition which the
court approved: Lot No. 221, which was given thereunder to Francisca
Salak de Paz (1/4 of it in her capacity as heir, and the other 3/4 by
purchase and/or exchange with her co-heirs, Rita Sahagun, Aurea
Sahagun and Ernesto Bautista). From 1946 up to the present Francisca
Salak has possessed all of Lot No. 221.
5) February 26, 1948 - Special Proceeding No. 23 the court a quo held
that the heirs entitled to the estates of the Salak family were Agustina
de Guzman Vda. de Carillo (3/4 share) and Ernesto Bautista (1/4
share), applying the survivorship presumption, thus:
a) Simeon Salak died first his properties went to the children
Adolfo, Honoria, Consuelo and Ligaya (1/4 each);
b) Honoria, Consuelo and Ligaya died next Honoria's and
Consuelo's properties went to their mother, Isabel; those of
Ligaya went to her son, Ernesto Bautista;
c) Isabel died next her properties went to her son Adolfo; and
d) Adolfo died last his properties went to his maternal
grandmother, Agustina.
a. Agustina thereby succeeded to the properties that came by
intes-state succession from Honoria Salak and Isabel
Carrillo, including of Lot No. 221.
190
7)
8)
9)
Lower court issued its order declares all the interest of the
said reservista Doa Agustina de Guzman Vda. de Carrillo as well as
that of her heirs in the three-fourths share adjudged to the reservista,
definitely terminated, and that the reservee, the minor Ernesto
Bautista, is entitled to the immediate delivery to him of the said threefourths share declared reserved to him.
10) On December 20, 1960, the lower court dismissed Civil Case No. 351
By virtue of the existence of third-degree relatives of Adolfo Salak,
the portion of Lot No. 221, inherited by Agustina de Guzman was
never released from the reserva, so as to convert the ownership of
Agustina de Guzman into an absolute one.
a. Upon her death on April 24, 1950, therefore, the property did
not pass by inheritance to her legal heirs, but rather reverted
to the family trunk of the Isabel-Adolfo line.
11) On April 22, 1963, Prima Carrillo and Lorenzo Licup filed the present
suit for recovery of 2/3 of 1/2 of No. 221 against Francisca Salak de Paz
and Ernesto Bautista.
12) On June 20, 1963, defendants Francisco Salak de Paz and Ernesto
Bautita filed a motion to dismiss upon the grounds that the cause of
action is barred by prior judgement and by the statute of limitations.
13) The court a quo dismissed the complaint on the ground of res judicata,
finding the suit barred by the order of delivery dated November 14,
1950 in Special Proceeding No. 23.
14) Plaintiffs Prima Carrillo and Lorenzo Licup thereupon appealed to Us
upon questions of law.
Defendants support the motion to dismiss: that the cause of action is barred
by prior judgment and by the statute of limitations. Although the action was
dismissed by the lower court expressly upon the ground of res judicata, it did
not totally disregard the defense of prescription.
Prima Carrillo being then the administratrix of the estate of her
mother, she allowed about thirteen (13) years before she commenced
the present action.
RULING:
1) When the trial judge decides a case in favor of a party on a certain
ground, the appellate court may uphold the decision below upon
some other point which was ignored or erroneously decided in favor
of the appellant by the trial court.
The reserva troncal arose as had been finally decided by the Court
of Appeals in Special Proceeding No. 23 when Agustina acquired by
operation of law all the properties of her descendant Adolfo
(grandson), who acquired them by gratuitous title from another
ascendant, Isabel (Adolfo's mother).
o According to Manresa, the reserva is extinguished upon the
death of the reservista, as it then becomes a right of full
ownership on the part of the reservatarios, who can bring a
reivindicatory suit therefor. Nonetheless, this right, if not
exercised within the time for recovering real properties, can
be lost by prescription.
PRESENT CASE:
Plaintiffs-appellants herein, as reservatarios, had the right to claim the
property 2/3 of 1/2 of Lot No. 221 from Francisca Salak de Paz, who
has been possessing it in the concept of an owner, from April 24, 1950
when Agustina died.
And the Court of Appeals' decision affirming the existence of reserva
troncal, promulgated on June 8, 1950, rendered it all the more
doubtless that such right had accrued in their favor from the time
191
c.
193
7. Consistent with the rule in reserva viudal where the person obliged to
reserve (the widowed spouse) had the obligation to annotate in the
Registry of Property the reservable character of the property,
in reserva troncal, the reservor (the ascendant who inherited from a
descendant property which the latter inherited from another
descendant) has the duty to reserve and therefore, the duty to
annotate also.
a. The jurisprudential rule requiring annotation in the Registry
of Property of the right reserved in real property subject
of reserva viudal insofar as it is applied to reserva
troncal stays despite the abolition of reserva viudal in the
New Civil Code.
b. This rule is consistent with the rule provided in the second
paragraph of Section 51 of P.D. 1529, which provides that:
"The act of registration shall be the operative act to convey
or affect the land insofar as third persons are concerned . . ."
(emphasis supplied)
c. The properties involved in this case are already covered by a
Torrens title and unless the registration of the limitation is
effected (either actual or constructive), no third persons shall
be prejudiced thereby.
8. The respondent appellate court did not err in finding that the cause
of action of the private respondents did not prescribe yet.
a. The cause of action of the reservees did not commence
upon the death of the propositus Raul Balantakbo on June
13, 1952 but upon the death of the reservor Consuelo Vda.
de Balantakbo on June 3, 1968.
b. Relatives within the third degree in whose favor the right (or
property) is reserved have no title of ownership or of fee
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
c.
d.
e.
f.
SEGUNDA MARIA NIEVA with her husband ANGEL ALCALA, plaintiffsappellants, vs. MANUELA ALCALA and JOSE DEOCAMPO, defendantsappellees.
G.R. No. L-13386; October 27, 1920; JOHNSON; Chants
FACTS:
1. Juliana Nieva, the alleged natural mother of the plaintiff Segunda
Maria Nieva, married Francisco Deocampo.
a. Of said marriage Alfeo Deocampo was born.
2. Julian Nieva died intestate and her said son, Alfeo Deocampo,
inherited from her, ab intestate, the parcels of land described in
Paragraphs V and X of the complaint.
3. Alfeo Deocampo died intestate and without issue
a. Thereupon the two parcels of land above-mentioned passed
to his father, Francisco Deocampo, by intestate succession
4. Francisco Deocampo married the herein defendant Manuela Alcala, of
which marriage was born Jose Deocampo, the other defendant herein.
194
6.
Whether the provision is due to the desire that the properties should
not pass, by reason of new marriage, out of the family to which they
belonged, or is directly derived from the system of the so-called
"reserva troncal," and whether the idea of reservation or that of lineal
rights (troncalidad) predominate the patrimony which is intended to
be preserved is that of the legitimate family.
Only to legitimate ascendants and descendants do article 968 et seq.
of the Code refer, arising as they do from the danger of second or
subsequent marriage
o only to legitimate parents do the special laws of Navarra,
Aragon, Vizcaya and Catalua concede the right to succeed
with respect to lineal properties (bienes troncales)
o only to the legitimate ascendants does article 811 impose the
duty to reserve.
reservation is established in favor of the parents who are within the
third degree and belong to the line from which the properties came.
It treats of blood, relationship
o could not be otherwise, because relationship by affinity is
established between each spouse and the family of the other,
by marriage, and to admit it, would be to favor the
transmission of the properties of the family of one spouse to
that of the other, which is just what this article intends to
prevent.
also treats of legitimate relationship.
o The person obliged to reserve it a legitimate ascendant who
inherits from a descendant property which proceeds from the
same legitimate family, and this being true, there can be no
question, because the line from which the properties proceed
must be the line of that family and only in favor of that line is
the reservation established
object is to protect the patrimony of the legitimate family, following
the precedents of the foral law
o And it could not be otherwise.
o Article 943 denies to legitimate parents the right to succeed
the natural child and viceversa, from which it must be
deduced that natural parents neither have the right to
inhering from legitimate ones
properties of the legitimate family shall never pass by operation of
law to the natural family
3.
4.
5.
196
6.
It was only then that Bonifacia Mateo learned of the sale of the
lots to her brother-in-law, who had the sale in his favor registered
only on 22 September 1955.
- As a consequence, TCT Nos. 19152 and 19153 of the Register of
Deeds of Pangasinan were issued to Gervasio.
Bonifacia Mateo and her daughter, Anatalia, assisted by her husband,
Luis Alcantara, went to the Court of First Instance of Pangasinan (Civil
Case No. T-339), seeking annulment of the deed of sale in favor of
Gervasio Lagua and for recovery of possession of the properties.
- CFI: declaring the sale executed by Cipriano Lagua in favor of the
other defendants, Gervasio Lagua and Sotera Casimero, as null
and void and non-existent
7.
197
PATRICIA NATCHER
vs.
HON. COURT OFAPPEALS AND THE HEIR OF GRACIANO DEL ROSARIO
LETICIA DEL ROSARIO, EMILIA DEL RESORIO MANANGAN, ROSALINDA
FUENTES LLANA, RODOLFO FUENTES, ALBERTO FUENTES, EVELYN DEL
ROSARIO, and EDUARDO DEL ROSARIO
BUENA, J.: G.R. No. 133000
October 2, 2001
1) Spouses Graciano del Rosario and Graciana Esguerra were registered
owners of a parcel of land with an area of 9,322 square meters located
in Manila and covered by Transfer Certificate of Title No. 11889.
2) Upon the death of Graciana in 1951, Graciano, together with his six
children, namely: Bayani, Ricardo, Rafael, Leticia, Emiliana and Nieves,
entered into an extrajudicial settlement of Graciana's estate:
3) Graciano received 8/14 share while each of the six children received
1/14 share of the said property. Hence, TCT No. 11889 was cancelled,
and in lieu thereof, TCT No. 35980 was issued in the name of Graciano
and the Six children.1wphi1.nt
4) 09 February 1954 said heirs executed and forged an "Agreement of
Consolidation-Subdivision of Real Property with Waiver of Rights"
where they subdivided among themselves the parcel of land covered
by TCT No. 35980 into several lots.
a. Graciano then donated to his children, share and share alike,
a portion of his interest in the land amounting to 4,849.38
square meters. The land subject of TCT No. 35988 was further
subdivided into two separate lots:
i. TCT No. 107442 - 80.90 square meter;
ii. TCT No. 107443 - 396.70 square meters.
5) Graciano sold the first lot to a third person but retained ownership
over the second lot.
6) Graciano married herein petitioner Patricia Natcher. During their
marriage, Graciano sold the land covered by TCT No. 107443 to his
wife Patricia as a result of which TCT No. 186059 was issued in the
latter's name.
7) Graciano died leaving his second wife Patricia and his six children by
his first marriage, as heirs.
198
9)
199
b.
c.
(1) determination of the value of the property which remains at the time
of the testator's death;
(2) determination of the obligations, debts, and charges which have to be
paid out or deducted from the value of the property thus left;
(3) the determination of the difference between the assets and the
liabilities, giving rise to the hereditary estate;
(4) the addition to the net value thus found, of the value, at the time they
were made, of donations subject to collation; and
(5) the determination of the amount of the legitimes by getting from the
total thus found the portion that the law provides as the legitime of
each respective compulsory heir. 8
Deducting the legitimes from the net value of the hereditary estate
leaves the freely disposable portion by which the donation in question
here must be measured.
If the value of the donation at the time it was made does not exceed
that difference, then it must be allowed to stand.
But if it does, the donation is inofficious as to the excess and must be
reduced by the amount of said excess.
In this case, if any excess be shown, it shall be returned or reverted to the
petitioner-appellant as the sole compulsory heir of the deceased Epifanio
R. Tupas.
FEBRUARY 27
ANGELA RODRIGUEZ, MARIA RODRIGUEZ, ET AL., petitioners,
vs.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
Petitioner: section 3 of revised Rule 76 (old Rule 77) speaks of a will being
delivered to "the Court having jurisdiction," and in the case at bar the Bulacan
court did not have it because the decedent was domiciled in Rizal province.
SC:
1.
2.
3.
4.
6.
Of them only one could be of proper venue, yet the rule grants
precedence to that Court whose jurisdiction is first invoked,
without taking venue into account.
There are two other reasons that militate against the success of
petitioners.
- One is that their commencing intestate proceedings in Rizal, after
they learned of the delivery of the decedent's will to the Court of
Bulacan, was in bad faith, patently done with a view to divesting
the latter court of the precedence awarded it by the Rules.
- Certainly the order of priority established in Rule 73 (old Rule 75)
was not designed to convert the settlement of decedent's
estates into a race between applicants, with the administration
of the properties as the price for the fleetest
- The other reason is that, in our system of civil law, intestate
succession is only subsidiary or subordinate to the testate, since
intestacy only takes place in the absence of a valid operative
will. Says Article 960 of the Civil Code of the Philippines:
ART. 960. Legal or intestate succession takes place:
(1) If a person dies without a will, or with a void will, or one which
has subsequently lost its validity;
(2) When the will does not institute an heir to, or dispose of all
the property belonging to the testator. In such case, legal
succession shall take place only with respect to the property in
which the testator has not disposed;
(3) If the suspensive condition attached to the institution of heir
does not happen or is not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance, there being no
substitution, and no right of accretion takes place;
(4) When the heir instituted is incapable of succeeding, except in
c.
204
Doctrine: Remote relatives or unrelated person who unduly received and took
possession of the property of a deceased person without any right, by virtue of
a null and void partition, must restore it to the legitimate successor in the
inheritance
Facts:
1.
2.
3.
On May 21, 1965, Gertrudes de los Santos filed a complaint for specific
performance against Maximo de la Cruz, alleging, among others, that on
August 24, 1963, she and several co-heirs, including the defendant,
executed an extrajudicial partition agreement over a certain portion of
land
that the parties thereto had agreed to adjudicate three (3) lots to
the defendant,
in addition to his corresponding share, on condition that the latter
would undertake the development and subdivision of the estate
which was the subject matter of the agreement
all expenses in connection therewith to be defrayed from the
proceeds of the sale of the aforementioned three (3) lots;
that in spite of demands by the plaintiff, by the co-heirs, and by
the residents of the subdivision, the defendant refused to
perform his aforesaid obligation although he had already sold the
aforesaid lots
The defendant admitted the due execution of the extrajudicial partition
agreement, but set up the affirmative defenses that the plaintiff had no
cause of action against him because the said agreement was void
for the reason that the plaintiff was not an heir of Pelagia de la
Cruz, deceased owner of the property, and was included in the
extrajudicial partition agreement by mistake
nevertheless the proceeds of the sale were not sufficient to
develop and improve properly the subdivided estate.
The answer contained a counterclaim wherein the defendant
alleged that the plaintiff had likewise sold her share in the estate
for P10,000.00, and that the extrajudicial partition agreement
being void insofar as the latter was concerned, he was entitled to
one-fourth (1/4) of the proceeds as his share by way of reversion.
The lower court declared the plaintiff in default for not having answered
the counterclaim. The case was submitted for decision with the following
stipulated facts.
4.
That the parties agree that the defendant is the nephew of the
deceased Pelagia de la Cruz, who was the owner and predecessor
in interest of the land
That the parties agree that the plaintiff is the grandniece of the
said Pelagia de la Cruz
That Pelagia de la Cruz died intestate and without issue on
October 16, 1962
That Marciana de la Cruz is the mother of the plaintiff and the
niece of the said Pelagia de la Cruz, and that the said Marciana de
la Cruz died on September 22, 1935
The court a quo held that the defendant, being a party to the extrajudicial
partition agreement, was estopped from raising in issue the right of the
plaintiff to inherit from the decedent
The court ordered the defendant "to perform his obligations of
the Extrajudicial Agreement
Issue:
Is the plaintiff-appellee is a heir of the decedent? NO
What is the legal effect of plaintiff-appellee's inclusion and participation in the
extrajudicial partition agreement insofar as her right to bring the present action
is concerned? CONFERED NO RIGHT TO INSTITUTE ACTION
Ruling:
1.
2.
205
4.
5.
6.
Decision: The judgment appealed from is hereby reversed and set aside
FACTS:
1.
2.
3.
4.
ISSUE: 1. Who among the petitioners and the private respondent is entitled to
Justas estate as her nearest relatives within the meaning of Art. 962, CC?
207
Given the fact that 0.5 hectare of the land belonged to the conjugal
partnership of Justas parents, Justa was entitled to 0.125 hectare of
the 0.5 hectare land as her father Juans share in the conjugal
property, while petitioners are entitled to the other 0.125 hectare.
In addition, Justa inherited her mother Ursulas share consisting of
0.25 hectare. Pl
o us the 2.2 hectares, which belonged to her in her own right,
Justa owned a total of 2.575 hectares of the 2.7-hectare land.
o This 2.575-hectare land was inherited by Benedicto as Justas
nearest surviving relative.
Petitioners misappreciate the relationship between Justa and
Benedicto.
o Bendicto is the son of Justas half-sister Agatonica.
o Therefore, he is Justas nephew.
A nephew is considered a collateral relative who
may inherit if no descendant, ascendant, or spouse
survives the decedent.
That Benedicto is only a half-blood relative is
immaterial.
This alone does not disqualify him from
being his aunts heir.
The determination of whether the
relationship is of the full of half blood is
important only to determine the extent of
the share of the survivors.
The reason for this rule was (Diaz v. Intermediate Appellate Court):
Article 992 of the New Civil Code provides a barrier or iron curtain in
that it prohibits absolutely a succession abintestato between the
illegitimate child and the legitimate children and relatives of the father
or mother of said legitimate child.
They may have a natural tie of blood, but this is not recognized by law
for the purpose of Article 992. Between the legitimate family and the
illegitimate family there is presumed to be an intervening antagonism
and incompatibility.
The illegitimate child is disgracefully looked down upon by the
legitimate family; the family is in turn, hated by the illegitimate child
the latter considers the privileged condition of the former, and the
resources of which it is thereby deprived; the former in turn sees in
the illegitimate child nothing but the product of sin, palpable evidence
of a blemish broken in life; the law does no more than recognize this
truth, by avoiding further ground of resentment.
209
5.
6.
7.
8.
ISSUE:
(1) Hasoppositor Ana del Val Chan the right to intervene in this proceeding?
NO
(2) Has the will in question been duly admitted to probate? YES
(3) Did the probate court commit an error in passing on the intrinsic validity
of the provisions of the will and in determining who should inherit the
portion to be vacated by the nullification of the legacy made in favor of Dr.
Rene Teotico? YES
210
In the supposition that, the will is denied probate, would the oppositor acquire
any interest in any portion of the estate left by the testatrix?
She would acquire such right only if she were a legal heir of the
deceased, but she is not under our Civil Code.
It is true that oppositor claims to be an acknowledged natural child of Jose
Mortera, a deceased brother of the deceased, and also an adopted
daughter of Francisca Mortera, a deceased sister of the testatrix, but such
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
II.
claim cannot give her any comfort for, even if it be true, the law does not
give her any right to succeed to the estate of the deceased sister of both
Jose Mortera and Francisca Mortera.
And this is so because being an illegitimate child she is prohibited by law
from succeeding to the legitimate relatives of her natural father.
Thus, Article 992 of our Civil Code provides: "An illegitimate child has
no right to inherit abintestato from the legitimate children and
relatives of his father or mother; ... ." And the philosophy behind this
provision is well expressed in Grey v. Fabie, 68 Phil. 128, as follows:
Between the natural child and the legitimate relatives of the father or
mother who acknowledged it, the Code denies any right of succession.
They cannot be called relatives and they have no right to inherit.
Of course, there is a blood tie, but the law does not recognize it.
Every relation is ordinarily broken in life; the law does no more than
recognize this truth, by avoiding further grounds of resentment. (7
Manresa, 3d., p. 110.)
The oppositorcannot also derive comfort from the fact that she is an
adopted child of Francisca Mortera because under our law the
relationship established by adoption is limited solely to the adopter and
the adopted and does not extend to the relatives of the adopting parents
or of the adopted child except only as expressly provided for by law.
Hence, no relationship is created between the adopted and the collaterals
of the adopting parents. As a consequence, the adopted is an heir of the
adopter but not of the relatives of the adopter.
whether the will Exhibit A was duly admitted to probate.
Oppositor claims that the same should not have been admitted not only
because it was not properly attested to but also because it was procured thru
pressure and influence and the testatrix affixed her signature by mistake
believing that it contained her true intent.
The claim that the will was not properly attested to is contradicted by the
evidence of record.
211
III.
To establish conclusively as against everyone, and once for all, the facts
that a will was executed with the formalities required by law and that the
testator was in a condition to make a will, is the only purpose of the
proceedings under the new code for the probate of a will. (Sec. 625.)
The judgment in such proceedings determines and can determine
nothing more.
In them the court has no power to pass upon the validity of any
provisions made in the will. It can not decide, for example, that a
certain legacy is void and another one is valid. (Castaeda v. Alemany,
3 Phil. 426, 428)
Pursuant to the foregoing precedents the pronouncement made by the
court a quo declaring invalid the legacy made to Dr. Rene Teotico in the
will Exhibit A must be set aside as having been made in excess of its
jurisdiction.
Another reason why said pronouncement should be set aside is that the
legatee was not given an opportunity to defend the validity of the legacy
for he was not allowed to intervene in this proceeding.
This case is ordered remanded to the court a quo for further proceedings.
ANSELMA DIAZ, guardian of VICTOR, RODRIGO, ANSELMINA and MIGUEL, all
surnamed SANTERO, petitioners, and FELIXBERTA PACURSA guardian of
212
2.
3.
4.
5.
6.
7.
Issue/held:
1. Whether petitioners as illegitimate children of Pablo Santero could
inherit from SimonaPamutiVda. deSantero, by right of representation
of their father Pablo Santero who is a legitimate child of
SimonaPamutiVda. deSantero? NO
Rationale;
Petitioner:
1. Petitioners claim that the amendment of Articles 941 and 943 of the old
Civil Code by Articles 990
- and 992 of the new Civil Code constitute a substantial and not
merely a formal change, which grants illegitimate children certain
successional rights
SC:
1. We do not dispute the fact that the New Civil Code has given
illegitimate children successional rights, which rights were never
before enjoyed by them under the Old Civil Code.
- They were during that time merely entitled to support. In fact,
they are now considered as compulsory primary heirs under
Article 887 of the new Civil Code.
- Again, We do not deny that fact. These are only some of the
many rights granted by the new Code to illegitimate children. But
that is all.
- A careful evaluation of the New Civil Code provisions, especially
Articles 902, 982, 989, and 990, claimed by petitioners to have
conferred illegitimate children the right to represent their parents
in the inheritance of their legitimate grandparents, would in point
of fact reveal that such right to this time does not exist
2. Articles 902, 989, and 990 clearly speak of successional rights
of illegitimate children, which rights are transmitted to their
descendants upon their death.
- The descendants (of these illegitimate children) who may inherit
by virtue of the right of representation may be legitimate or
illegitimate.
- In whatever manner, one should not overlook the fact that the
persons to be represented are themselves illegitimate.
- The three named provisions are very clear on this matter.
- The right of representation is not available to illegitimate
descendants of legitimate children in the inheritance of a
legitimate grandparent.
- It may be argued, as done by petitioners, that the illegitimate
descendant of a legitimate child is entitled to represent by virtue
of the provisions of Article 982, which provides that "the
grandchildren and other descendants shall inherit by right of
representation."
- Such a conclusion is erroneous. It would allow intestate
succession by an illegitimate child to the legitimate parent of his
father or mother, a situation which would set at naught the
provisions of Article 992. Article 982 is inapplicable to instant case
- because Article 992 prohibits absolutely a
succession abintestato between the illegitimate child and the
legitimate children and relatives of the father or mother.
213
It may not be amiss to state that Article 982 is the general rule
and Article 992 the exception.
3. The rules laid down in Article 982 that 'grandchildren and other
descendants shall inherit by right of representation
- and in Article 902 that the rights of illegitimate children ... are
transmitted upon their death to their descendants,
- whether legitimate or illegitimate are subject to the
limitation prescribed by Article 992 to the end that an illegitimate
child has no right to inherit abintestato from the legitimate
children and relatives of his father or mother."
4. "Article 992 of the New Civil Code provides a barrier or iron curtain
in that it prohibits absolutely a succession abintestato between the
illegitimate child and the legitimate children and relatives of the
father or mother of said illegitimate child.
- They may have a natural tie of blood, but this is not recognized by
law for the purpose of Article 992. Between the legitimate family
and the illegitimate family there is presumed to be an intervening
antagonism and incompatibility.
- The illegitimate child is disgracefully looked down upon by the
legitimate family; and the family is in turn, hated by the
illegitimate child;
- the latter considers the privileged condition of the former, and
the resources of which it is thereby deprived; the former, in turn,
sees in the illegitimate child nothing but the product of sin,
palpable evidence of a blemish broken in life; the law does no
more than recognize this truth, by avoiding further ground of
resentment."
Petitioner: argue that the consistent doctrine adopted by this Court in the
cases of Llorente vs. Rodriguez, et al.held that an illegitimate child has no right
to succeed abintestato the legitimate father or mother of his natural parent
SC:
215
HELD:
1. The Civil Code provides that when children of one or more brothers or
sisters of the deceased survive, they shall inherit from the latter by
representation, if they survive with their uncles or aunts. But if they alone
survive, they shall inherit in equal portions.
2. Petitioner is as far distant as the nephews from the decedent, since in the
collateral line to which both kinds of relatives belong, degrees are counted
by first ascending to the common ancestor and then descending to the
heir.
3. Nephews and nieces alone do not inherit by right of representation, unless
concurring with the brothers or sisters of deceased.
TOMAS CORPUS, plaintiff-appellant, vs. ADMINISTRATOR and/or EXECUTOR
of the Estate of Teodoro R. Yangco, RAFAEL CORPUS, AMALIA CORPUS, JOSE
A. V. CORPUS, RAMON L. CORPUS, ENRIQUE J. CORPUS, S. W. STAGG,
SOLEDAD ASPRER and CIPRIANO NAVARRO, defendants-appellees.
G.R. No. L-22469; October 23, 1978; AQUINO; Chants
FACTS:
1.
2.
3.
4.
216
ISSUE 1. Whether JUANITA CORPUS, TOMAS CORPUS mom, was a legal heir of
TEODORO YANGCO so that his mom would have a cause of action to recover a
supposed intestate share in the estate? No
HELD: 1. No.
217
1. The contention of the petitioners is that Delia and Edmundo were not
legally adopted because Doribel had already been born on February
27, 1967, when the decree of adoption was issued on March 9, 1967.
a. The birth of Doribel disqualified her parents from adopting
b. Doribel herself is not the legitimate daughter of Teodoro and
Isabel but was in fact born to one EditaAbila, who manifested
in a petition for guardianship of the child that she was her
natural mother
c. The inconsistency of this position is immediately apparent.
The petitioners seek to annul the adoption of Delia and
Edmundo on the ground that Teodoro and Isabel already
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
d.
2.
219
4.
5.
3.
Issue:
1.
2.
3.
4.
5.
6.
The Honorable Court of Appeals gravely erred in law in ruling that the
placing of the Iba Properly in the name of the late Maria Mirano was in the
nature of a donation inter-vivos? NO (#1)
Was there a contract of sale from the vendors to Maria Mirano? YES (#4)
Was an implied trust created? NO (#5)
Does an oral donation of personal property requires simultaneous delivery
of the gift? NO (#7)
Are the petitioner entitled to the land in question by virtue of reversion
adoptive?NO (#9)
Does the petioners claim of the Carushche property meritorious? YES (#10)
Ruling:
1.
2.
The respondents correctly pointed out that neither the Court of Appeals
nor the Court of First Instance of Batangas categorically stated that the
4.
placing of the properties in the name of Maria Mirano was in the nature of
a donation inter-vivos.
The finding of the Court of First Instance of Batangas which was
sustained by the Court of Appeals is that what was donated by
the spouses Doroteo Banawa and Juliana Mendoza to Maria
Mirano was the money used in the purchase of the lands in
question.
If the money used by Maria Mirano in purchasing the properties was given
to her by the spouses Doroteo Banawa and Juliana Mendoza, or by either
of them, then the money had belonged to her. Maria Mirano purchased
and paid for the said properties with her money.
It is also contended by the petitioners that the deeds of sale
executed by the owners of the land in favor of Maria Mirano were
simulated contracts intended to shortcut two different
transactions: (1) a sale in favor of the spouses Doroteo Banawa
and Juliana Mendoza; and (2) a donation of lands by the spouses
in favor of Maria Mirano.
i. There are two kinds of simulated contracts, namely: the
absolutely simulated contract and the relatively
simulated one. In both instances, however, their nullity is
based on the want of true consent of the parties.
From the record, there is no showing of deception or fraud, nor of
concealment of intent of the parties as to the sale of the Iba property by
the vendors in favor of Maria Mirano.
The transactions which transpired were purely: (1) donations of
money or things representing or equivalent to money by the
spouses in favor of Maria Mirano which could be made and
accepted verbally;
and (2) purchase of lands by Maria Mirano with the use of that
money or credits (pre-existing indebtedness in favor of the
spouses) as consideration thereof.
The petitioners' contention that "the contract of sale had been intended to
be a contract of sale between the vendors and the spouses Doroteo
Banawa and Juliana Mendoza" has no merit.
The petitioners were present when the sales were made to Maria
Mirano.
They were the ones who caused the titles to the properties to be
placed in the name of Maria Mirano because they wished "that
after our death Maria Mirano could have something for her
maintenance
221
5.
6.
7.
8.
222
FACTS:
1.
2.
3.
4.
5.
6.
7.
8.
ISSUE: 1.Who has a better right to the aforesaid parcel of land left by the late
Anastacio C. del Prado, plaintiff or the minor Jesus S. del Prado? MINOR
HELD: 1. Minor Jesus S. del Praod has a better right to the aforesaid parcel of
land.
1. These legal provisions decree that collateral relatives of one who died
intestate inherit only in the absence of descendants, ascendants, and
illegitimate children.
a. Albeit the brothers and sisters can concur with the widow or
widower under Article 1101, they do, not concur, but are
excluded by the surviving children, legitimate or illegitimate
b. That Francisco Udan was the illegitimate son of the late
Silvina is not denied by the oppositor; and he is so
acknowledged to be in the testament, where said Francisco is
termed "son" by the testatrix.
2. John and RusticoUdan had no standing to oppose the probate of the
will.
a. For if the will is ultimately probated John and Rustico are
excluded by its terms from participation in the estate;
b. If probate be denied, both oppositors-appellants will be
excluded by the illegitimate son, Francisco Udan, as sole
intestate heir, by operation of law.
3. The death of Francisco two years after his mother's demise does not
improve the situation of appellants.
a. The rights acquired by the former are only transmitted by his
death to his own heirs at law not to the appellants, who are
legitimate brothers of his mother, for the reason that, as
correctly decided by the court below, the legitimate relatives
of the mother cannot succeed her illegitimate child.
4. For the oppositors-appellants it is argued that while Francisco Udan
did survive his mother, and acquired the rights to the succession from
224
CELLES
(Bon)
Doctrine: An alleged grandchild born outside wedlock cannot, by right of
representation, claim a share of an estate left by an alleged deceased great
grandparent
Facts
1.
Francisca Reyes who died intestate on July 12, 1942 was survived by
two (2) daughters, Maria and Silvestra Cailles, and a grandson, Sotero
Leonardo, the son of her daughter, Pascuala Cailles who predeceased
her.
2. Sotero Leonardo died in 1944, while Silvestra Cailles died in 1949
without any issue.
3. On October 29, 1964, petitioner Cresenciano Leonardo, claiming to be
the son of the late Sotero Leonardo, filed a complaint for ownership of
properties, sum of money and accounting
4. He seeks the judgment that he
5. to be declared one of the lawful heirs of the deceased Francisca Reyes,
entitled to one-half share in the estate of said deceased jointly with
defendant, private respondent herein, Maria Cailles,
6. to have the properties left by said Francisca Reyes, described in the
complaint, partitioned between him and defendant Maria Cailles, and
7. to have an accounting of all the income derived from said properties
from the time defendants took possession thereof until said
accounting shall have been made, delivering to him his share therein
with legal interest.
8. Private respondent Maria Cailles asserted exclusive ownership over
the subject properties and alleged that petitioner is an illegitimate
child who cannot succeed by right of representation.
9. Private respondent James Bracewell, claimed that said properties are
now his by virtue of a valid and legal deed of sale which Maria Cailles
had subsequently executed in his favor.
10. These properties were allegedly mortgaged to respondent Rural Bank
of Paraaque, Inc. sometime in September 1963.
Issue:
Does the petitioner have a legal right to inherit?
Held:
225
226
8.
9.
184225) that was sold to the latter by Juan Manuel under the 1980 Deed
of Sale Con Pacto de Retro.
These acts of Modesta apparently did not sit well with petitioners. In a
complaint filed before the Regional Trial Court of Lingayen, Pangasinan,
the petitioners sought the declaration of nullity of the aforesaid
instruments.
The trial court, dismissed the complaint holding that petitioners, not being
heirs abintestato of their illegitimate brother Juan Manuel, were not the
real parties-in-interest to institute the suit.
ISSUE: WON the trial court is correct? Yes, except insofar as it has awarded
moral and exemplary damages, as well as attorney's fees and litigation
expenses, in favor of private respondents, which portion is hereby DELETED.
HELD:
Petitioners argue that they are the legal heirs over one-half of Juan's intestate
estate (while the other half would pertain to Juan's surviving spouse) under the
provision of the last paragraph of Article 994 of the Civil Code
Respondents, in turn, submit that Article 994 should be read in conjunction
with Article 992 of the Civil Code, which reads:
227
228
Facts:
Private respondent filed a Petition with the CFI of Cavite in Sp. Proc. Case No.
B-21,
-
1)
2)
3)
4)
5)
6)
minor children with Anselma Diaz and two minor children with
Felixberta Pacursa.
7) Judge Jose Raval in his Orders dated December 1, 1976 1 and
December 9, 1976 declared Felisa Pamuti Jardin as the sole legitimate
heir of Simona Pamuti Vda. de Santero.
8) Felisa Jardin upon her Motion to Intervene in Sp. Proceedings Nos. B-4
and B-5, was allowed to intervene in the intestate estates of Pablo
Santero and Pascual Santero by Order of the Court dated August 24,
1977.
9) Felisa Jardin upon her Motion to Intervene in Sp. Proceedings Nos. B-4
and B-5, was allowed to intervene in the intestate estates of Pablo
Santero and Pascual Santero by Order of the Court dated August 24,
1977.
10) On May 20, 1980, Judge Ildefonso M. Bleza issued an order excluding
Felisa Jardin
"from further taking part or intervening in the settlement of
the intestate estate of Simona Pamuti Vda. de Santero,
as well as in the intestate estates of Pascual Santero and Pablo
Santero and declared her to be, not an heir of the deceased
Simona Pamuti Vda. de Santero
11.) After her Motion for Reconsideration was denied by the trial court
Felisa P. Jardin filed her appeal to the Intermediate Appellate
Court
IAC: , finding the Order appealed from not consistent with the
facts and law applicable,
the same is hereby set aside and another one entered sustaining
the Orders of December 1 and 9, 1976 declaring the petitioner as
the sole heir of Simona Pamuti Vda. de Santero
and ordering oppositors-appellees not to interfere in the
proceeding for the declaration of heirship in the estate of Simona
Pamuti Vda. de Santero.
Issue/held:
1. who are the legal heirs of Simona Pamuti Vda. de Santero her niece
Felisa Pamuti Jardin or her grandchildren (the natural children of Pablo
Santero? Felisa Jardin
rationale:
229
The dispute at bar refers only to the intestate estate of Simona Pamuti
Vda. de Santero and the issue here is whether petitioners
-
3.
Petitioner: Art. 990 of the New Civil Code is the applicable law on the case.
They contend that said provision of the New Civil Code modifies the rule in
Article 941 (Old Civil Code)
and recognizes the right of representation (Art. 970) to
descendants, whether legitimate or illegitimate and that Art.
941, Spanish Civil Code denied illegitimate children the right to
represent their deceased parents and inherit from their
deceased grandparents, but that Rule was expressly changed
and/or amended by Art. 990 New Civil Code which expressly
grants the illegitimate children the right to represent their
deceased father
SC:
1. Petitioners' contention holds no water. Since the heridatary conflict
refers solely to the intestate estate of Simona Pamuti Vda. de Santero,
who is the legitimate mother of Pablo Santero, the applicable
law is the provision of Art. 992 of the Civil Code which reads as
ART. 992. An illegitimate child has no right to inherit
ab intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in
the same manner from the illegitimate child.
2.
4.
5.
6.
Note:
Before the trial court, there were 4 interrelated cases filed to wit:
7.
a) Sp. Proc. No. B-4 is the Petition for the Letters of Administration of the
intestate Estate of Pablo Santero;
b) Sp. Proc. No. B-5 is the Petition for the Letters of Administration of the
Intestate Estate of Pascual Santero;
c) Sp. Proc. No. B-7 is the Petition for Guardianship over the properties of an
Incompetent Person, Simona Pamuti Vda. de Santero;
d) Sp. Proc. No. B-21 is the Petition for Settlement of the Intestate Estate of
Simona Pamuti Vda. de Santero
231
2.
3.
4.
5.
232
After her spouses death, Federico, after the death of his spouse, Cristina,
or on September 27, 1993, adopted their illegitimate grandchildren, Emilio
III and Nenita
7. On October 26, 1995, respondent filed a petition for the issuance of
letters of administration in her favor
Federico filed his opposition
[B]eing the surviving spouse of Cristina, he is capable of
administering her estate and he should be the one appointed as
its administrator; that as part owner of the mass of conjugal
properties left by Cristina, he must be accorded legal preference
in the administration
8. After a failed attempt by the parties to settle the proceedings amicably,
Federico filed a Manifestation dated March 13, 1999, nominating his
adopted son, Emilio III, as administrator of the decedents estate on his
behalf
Subsequently, the trial court granted Emilio IIIs Motion for Leave
to Intervene considering his interest in the outcome of the case
9. In the course of the proceedings, on November 13, 2000, Federico died.
10. The trial court rendered a decision on November 9, 2001, appointing
herein petitioner, Emilio III, as administrator of decedent Cristinas
intestate estate
What matters most at this time is the welfare of the estate of the
decedent in the light of such unfortunate and bitter
estrangement.
The Court honestly believes that to appoint the petitioner would
go against the wishes of the decedent who raised [Emilio III] from
infancy in her home in Baguio City as her own child. Certainly, it
would go against the wishes of the surviving spouse x x x who
nominated [Emilio III] for appointment as administrator.
11. Aggrieved, respondent filed an appeal before the CA, which reversed and
set aside the decision of the RTC, revoked the Letters of Administration
issued to Emilio III
In marked contrast, the CA zeroed in on Emilio IIIs status as an
illegitimate child of Emilio I and, thus, barred from representing
his deceased father in the estate of the latters legitimate mother,
the decedent. That he cannot be appointed for the ff reasons:
i. The appointment of Emilio III was subject to a
suspensive condition, i.e., Federicos appointment as
administrator of the estate
2.
The Court cannot subscribe to the appellate courts ruling excluding Emilio
III in the administration of the decedents undivided estate.
The underlying philosophy of our law on intestate succession is to
give preference to the wishes and presumed will of the decedent,
absent a valid and effective will
The basis for Article 992 of the Civil Code, referred to as the iron
curtain bar rule, is quite the opposite scenario in the facts
obtaining herein for the actual relationship between Federico and
Cristina, on one hand, and Emilio III
Both spouses acknowledged Emilio III as their grandchild
Cristinas properties forming part of her estate are still
commingled with that of her husband, Federico, because her
share in the conjugal partnership, albeit terminated upon her
death, remains undetermined and unliquidated
Emilio III is a legally adopted child of Federico, entitled to share in
the distribution of the latters estate as a direct heir, one degree
from Federico, not simply representing his deceased illegitimate
father, Emilio I
It is patently clear that the CA erred in excluding Emilio III from the
administration of the decedents estate.
As Federicos adopted son, Emilio IIIs interest in the estate of
Cristina is as much apparent to this Court as the interest therein
of respondent
233
3.
4.
5.
6.
7.
8.
Decision: The petition is GRANTED. The Decision of the Court of Appeals in CAG.R. CV No. 74949 is REVERSED and SET ASIDE
234
FACTS:
1.
2.
3.
4.
5.
6.
7.
8.
b.
latter refused to accept the amount for being much less than
the lot's current value of P80,000.00.
9. No settlement having been reached before the LupongTagapayapa,
private respondents initiated against petitioner an action for "Legal
Redemption with Preliminary Injunction" before the Regional Trial
Court of Butuan City.
10. Trial court handed down its decision holding, in fine, that private
respondents' right to redeem the property had already lapsed.
11. Court of Appeals reversed the court a quo
235
b.
Grounds:
i. the properties enumerated in the petition were all
conjugal, except three parcels which Perfecta
Miranda claimed to be her exclusive properties
ii. Perfecta Miranda by virtue of two documents had
conveyed 3/4 of her undivided share in most of the
properties enumerated in the petition to said
spouses Benito and Rosario
iii. Administration of the estate was not necessary,
there being a case for partition pending;
iv. If administration was necessary at all, the oppositor
Perfecta Miranda and not the petitioner was better
qualified for the post.
c. subsequently, oppositor Perfecta Miranda was appointed
administratrix of the estate.
3. Court appointed commissioners to draft within sixty days, a project of
partition and distribution of all the properties of the deceased Pedro
Santillon.
a. Claro filed a "Motion to Declare Share of Heirs" and to resolve
the conflicting claims of the parties with respect to their
respective rights in the estate.
b. Invoking Art. 892 of the New Civil Code, he insisted that
after deducting 1/2 from the conjugal properties is the
conjugal share of Perfecta, the remaining 1/2 must be
divided as follows: 1/4 for her and 3/4 for him
c. Oppositor Perfecta: claimed that besides her conjugal half,
she was entitled under Art. 996 of the New Civil Code to
another 1/2 of the remaining half. In other words, Claro
claimed 3/4 of Pedro's inheritance, while Perfecta claimed
1/2.
4. TC: In the intestate succession of the deceased Pedro Santillon, the
surviving spouse Perfecta Miranda shall inherit ONE-HALF (1/2) share
and the remaining ONE-HALF (1/2) share for the only son, Atty. Claro
Santillon. This is after deducting the share of the widow as co-owner
of the conjugal properties. ... .
Issue: How shall the estate of a person who dies intestate be divided when the
only survivors are the spouse and one legitimate child?
Arguments:
236
3.
4.
5.
1. It is clear that the order of the lower court is final and, therefore,
appealable to this Court.
a. Under Rule 109, sec. 1, a person may appeal in special
proceedings from an order of the Court of First Instance
where such order "determines ... the distributive share of the
estate to which such person is entitled."
2. Art. 892 of the New Civil Code falls under the chapter on
Testamentary Succession; whereas Art. 996 comes under the chapter
on Legal or Intestate Succession.
a. Claro cannot rely on Art. 892 to support his claim to 3/4 of his
father's estate. Art 892 merely fixes the legitime of the
surviving spouse and Art. 888 thereof, the legitime of children
in testate succession.
b. While it may indicate the intent of the law with respect to the
ideal shares that a child and a spouse should get when they
concur with each other, it does not fix the amount of shares
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
6.
Perpetua Bagsic died on July 1, 1945. Surviving her are her heirs,
the plaintiffs GaudencioBicomong, FelicidadBicomong, Salome
Bicomong, and GervacioBicomong.
Maura Bagsic died also on April 14, 1952 leaving no heir as her
husband died ahead of her.
FelipaBagsic, was survived by her husband Geronimo Almanza and
her daughter CristetaAlmanza.
But five (5) months before the present suit was filed or on July 23,
1959, CristetaAlmanza died leaving behind her husband, the
defendant herein EngracioManese and her father Geronimo
Almanza.
1)
2)
Ignacio Bagsic died on April 18, 1939 leaving the plaintiff Francisca
Bagsic as his only heir.
IgmediaBagsic also died on August 19, 1944 survived by the
plaintiffs DionisioTolentino, Maria Tolentino and Petra Tolentino.
1) The subject matter of the complaint in Civil Case No. SP-265 concerns
the one-half undivided share of Maura Bagsic in the following
described five (5) parcels of land which she inherited from her
deceased mother, SilvestraGlorioso,
2) Three sets of plaintiffs filed the complaint on December 1, 1959,
namely: (a) the Bicomongs, children of Perpetua Bagsic; (b) the
Tolentinos, children of IgmediaBagsic; and (c) Francisco Bagsic,
daughter of Ignacio Bagsic against the defendants Geronimo Almanza
and EngracioMenese for the recovery of their lawful shares in the
properties left by Maura Bagsic.
3) After trial, the court rendered judgment: Judgment is hereby rendered
in favor of the plaintiffs who are hereby declared to be entitled to ten
twenty-fourth (10/24) share on the five parcels of land in dispute.
4) FlorentinoCartena, the substitute defendant for Geronimo Almanza,
appealed to the Court of Appeals. The other defendant,
EngracioManese, did not appeal and execution was issued with
respect to the parcels of land.
5) Hence, the subject matter of the case on appeal was limited to the
one-half undivided portion of only three of the five parcels of land
which defendant Cartena admitted to be only in his possession.
DEFENDANT Cartena contends that the provisions of Arts. 995, 1006 and
1008 of the New Civil Code, applied by the trial court in allowing plaintiffsappellees to succeed to the properties left by Maura Bagsic were not the
applicable provisions.
He asserts that in the course of the trial of the case in the lower court,
plaintiffs requested defendants to admit that FelipaBagsic, the sole
238
PETITIONERS claim that the date of death of FelipaBagsic was not raised as
an issue in the trial court. It was even the subject of stipulation of the parties as
clearly shown in the transcript of the stenographic notes that FelipaBagsic died
on May 9. 1945.
ISSUE: WON Art. 975, 1006 and 1008 of the New Civil Code are applicable in
this case.
RULING:
We hold that the provisions of Art. 975, 1006 and 1008 of the New Civil Code
are applicable to the admitted facts of the case at bar. These Articles provide:
Art. 975. When children of one or more brothers or sisters of tile deceased
survive, they shall inherit from the latter by representation, if they survive with
their uncles or aunts. But if they alone survive, they shall inherit in equal
portions."
Art. 1006. Should brothers and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled to a share
double that of the latter.
Art. 1008. Children of brothers and sisters of the half blood shall succeed per
capita or per stirpes, in accordance with the rules laid down for brothers and
sisters of the full blood.
239
FACTS:
1. Adoracion C. Campos died, leaving her father, petitioner Hermogenes
Campos and her sisters, private respondent Nenita C. Paguia, Remedios
C. Lopez and Marieta C. Medina as the surviving heirs.
2. As Hermogenes Campos was the only compulsory heir, he executed an
Affidavit of Adjudication under Rule 74, Section I of the Rules of Court
whereby he adjudicated unto himself the ownership of the entire estate
of the deceased Adoracion Campos.
3. Eleven months after, on November 25, 1977, Nenita C. Paguia filed a
petition for the reprobate of a will of the deceased, Adoracion Campos,
which was allegedly executed in the United States and for her
appointment as administratrix of the estate of the deceased testatrix.
xxx alleged that the testatrix was an American citizen at the time of
her death xxx;
that the testatrix died in Manila on January 31, 1977 while
temporarily residing with her sister at 2167 Leveriza, Malate, Manila;
that during her lifetime, the testatrix made her last will and
testament on July 10, 1975, according to the laws of Pennsylvania,
U.S.A., nominating Wilfredo Barzaga of New Jersey as executor;
that after the testatrix death, her last will and testament was
presented, probated, allowed, and registered with the Registry of
Wins at the County of Philadelphia, U.S.A., that Clement L.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
240
4.
ISSUE: Whether or not the preterition is proper. Yes, the governing law is law
of Pennsylvania
HELD:
The third issue raised deals with the validity of the provisions of the will.
As a general rule, the probate court's authority is limited only to the
extrinsic validity of the will, the due execution thereof, the testatrix's
testamentary capacity and the compliance with the requisites or
solemnities prescribed by law.
The intrinsic validity of the will normally comes only after the court has
declared that the will has been duly authenticated.
However, where practical considerations demand that the intrinsic
validity of the will be passed upon, even before it is probated, the court
should meet the issue. (Maninang vs. Court of Appeals, 114 SCRA 478).
In the case at bar, the petitioner maintains that since the respondent judge
allowed the reprobate of Adoracion's will, Hermogenes C. Campos was
divested of his legitime which was reserved by the law for him.
This contention is without merit.
Although on its face, the will appeared to have preterited the petitioner
and thus, the respondent judge should have denied its reprobate outright,
the private respondents have sufficiently established that Adoracion was,
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
the petitioner argues that such law should not apply because it would be
contrary to the sound and established public policy and would run counter to
the specific provisions of Philippine Law.
It is a settled rule that as regards the intrinsic validity of the provisions of
the will, as provided for by Article 16(2) and 1039 of the Civil Code, the
national law of the decedent must apply.
This was squarely applied in the case of Bellis v. Bellis (20 SCRA 358)
wherein we ruled:
It is therefore evident that whatever public policy or good customs
may be involved in our system of legitimes, Congress has not intended
to extend the same to the succession of foreign nationals. Xxx
As regards the alleged absence of notice of hearing for the petition for relief,
the records bear the fact that what was repeatedly scheduled for hearing
on separate dates until June 19, 1980 was the petitioner's petition for
relief and not his motion to vacate the order of January 10, 1979.
There is no reason why the petitioner should have been led to believe
otherwise.
The court even admonished the petitioner's failing to adduce evidence
when his petition for relief was repeatedly set for hearing. There was no
denial of due process.
The fact that he requested "for the future setting of the case for
hearing . . ." did not mean that at the next hearing, the motion to vacate
would be heard and given preference in lieu of the petition for relief.
Furthermore, such request should be embodied in a motion and not in a
mere notice of hearing.
241
4.
5.
6.
Facts:
7.
242
8. the court of first instance found for the plaintiffs Julians; declared
them owners of an undivided 3/4 of the lot; annulled pro tanto the
adjudication in favor of Cenon, and his sale in favor of the Burnaman
spouses
9. Upon appeal, the Court of Appeals found, Engracia (mother of the
Julians) was an illegitimate child of Gregoria Bonoan, and was never
recognized, voluntarily or compulsory, by her mother, that her
certificate of baptism on 16 April 1879, even if considered a public
document at the time it was issued was incompetent evidence of her
acknowledgment
- that not being acknowledged, expressly or tacitly, she could not
inherit from Gregorio, unlike Cenon who was acknowledged,
according to Dionicia Julian Cid's testimony; that Cenon's
admission that Engracia was his sister did not make the former an
acknowledged natural child of his mother.
Issue/held:
1. WON Engraca ( mother of the plaintiff) an illegitimate child therefore
cannot inherent from George? YES
Rationale:
1. Since the plaintiffs Julians based their title upon hereditary succession
from the original recorded owner, Gregoria Bonoan, through their
mother, Engracia Bonoan,
it was perfectly proper for the appellate court to inquire whether
Engracia was, or could be, an heir of Gregorio. To be such heir, it
is not enough that Engracia was Gregoria's daughter; for not
every child is entitled to inherit. To succeed, a child must be,
under the rules of the Civil Code of 1889 (in force when Gregoria
died in 1938),
- either a child legitimate, legitimated, or adopted, or else not an
acknowledged natural child, for illegitimates not natural are
disqualified to inherit (Civil Code of 1889, Articles 807, 939).
As appellants' own Exhibits "G" and "H" showed that both Cenon
and Engracia were children of Gregoria but with father
unknown, their legitimacy or legitimation was out of the
question.
Hence, it became imperative to ascertain whether Engracia was
properly acknowledged, assuming that her parents could marry
each other when she was conceived.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
2.
3.
4.
5.
3.
4.
5.
6.
7.
the ricelands to the testators legal heirs in his order of June 28, 1957.
The parish priest filed two motions for reconsideration.
8. Judge De Aquino granted the second motion for reconsideration in
his order of December 10, 1957 on the ground that the testator had a
grandnephew named Edgardo G. Cunanan (the grandson of his first
cousin) who was a seminarian in the San Jose Seminary of the Jesuit
Fathers in Quezon City.
9. The administrator was directed to deliver the ricelands to the parish
priest of Victoria as trustee.
10. The legal heirs appealed to the Court of Appeals.
Issue:
Should the grandnephew inherit the ricelands given that he is now a
seminarian, to the effect of the will of Father Rigos? NO.
Held:
The said bequest refers to the testators nearest male relative living at the
time of his death and not to any indefinite time thereafter. In order to be
capacitated to inherit, the heir, devisee or legatee must be living at the
moment the succession opens, except in case of representation, when it is
proper (Art. 1025, Civil Code).
The testamentary provision shows that the testator intended to
devise the ricelands
o to his nearest male relative who would become a priest,
o who was forbidden to sell the ricelands, who would lose the
devise if he discontinued his studies for the priesthood, or
o having been ordained a priest, he was excommunicated, and
who would be obligated to say annually twenty masses with
prayers for the repose of the souls of the testator and his
parents.
o That the parish priest of Victoria would administer the
ricelands only in two situations: one, during the interval of
time that no nearest male relative of the testator was
studying for the priesthood and two, in case the testators
nephew became a priest and he was excommunicated.
The said testamentary provisions should be sensibly or reasonably
construed.
o To construe them as referring to the testators nearest male
relative at any time after his death would render the
provisions difficult to apply and create uncertainty as to the
244
2.
3.
4.
5.
6.
7.
8.
9.
10. Manuel appealed to the Court of Appeals which adjudicated to him threefourth of the homestead and the other one-fourth to Nelia.
11.
Issue:
1. Is petitioners possession of about one-half of the homestead since the
1948 partition made them owners by prescription? NO
2. Should the 1951 affidavit be construed as a repudiation of Manuels
inheritance of his fathers estate? NO (#3)
Ruling:
1. No portion of the homestead, a registered land, may be acquired by
prescription. "No title to registered land in derogation to that of the
registered owner shall be acquired by prescription or adverse possession."
2. Article 1056 of the old Civil Code provides that "if the testator should make
a partition of his property by an actinter vivos, or by will, such partition
shall stand insofar, as it does not prejudice the legitime of the forced
heirs."
Article 1056 was construed to mean that a person who makes
an inter vivos partition must first execute a wll.
i. If the will is void, the partition is void
3. The 1948 partition was not in conformity with law because it assumed
that Genaro was the owner of the entire homestead
One-half of the homestead, subject to the husband's
usufructuary legitime, was inherited in 1940 by Manuel upon the
death of his mother who was married to Genaro for twenty-five
years.
Genaro could dispose by an act inter vivos only one-half of the
homestead
i. In that one-half portion, Manuel and Nelia, as Genaro's
legal and forced heirs, had a two-third legitime.
4. In "donating" the said one-half portion to his six illegitimate children,
Genaro deprived Manuel of his legitime in his estate or, in effect, made
him renounce his future inheritance.
The 1951 affidavit cannot be construed as a repudiation of his
inheritance in his father's estate because the document does not
have that tenor.
For this reason, Manuel is not estopped to ignore that partition.
5. The five illegitimate children (the sixth child Nelia was legitimated) have no
rights whatsoever to the said homestead. As already said, they were
adulterous or spurious children.
246
6.
CA affirmed
ISSUES:
1. Whether private respondents' petition should be dismissed for failure to
comply with the rules on certification of non-forum shopping
The certification against forum shopping should have been signed by
the Oanes and not their counsel.
2. Whether the Release and Waiver of Claim precludes private respondents
from claiming their successional rights
Oanes' claim had been paid, waived, abandoned or extinguished by
reason of Remedios' June 7, 1993 Release and Waiver of Claim stating
that in exchange for the financial and educational assistance received
from Remedios and her minor children discharge the estate of Sima
Wei from any and all liabilities.
3. Whether private respondents are barred by prescription from proving their
filiation
HELD: The petition lacks merit.
First
1. Failure to comply with the requirement shall be cause for dismissal of the
case.
2. However, a liberal application of the rules is proper where the higher
interest of justice would be served.
Second
1. As regards Remedios' Release and Waiver of Claim, the same does not bar
private respondents from claiming successional rights.
2. To be valid and effective, a waiver must be couched in clear and
unequivocal terms which leave no doubt as to the intention of a party to
give up a right or benefit which legally pertains to him.
A waiver may not be attributed to a person when its terms do not
explicitly and clearly evince an intent to abandon a right.
3. In this case, we find that there was no waiver of hereditary rights.
The Release and Waiver of Claim does not state with clarity the
purpose of its execution.
o It merely states that Remedios received P300,000.00 and an
educational plan for her minor daughters "by way of financial
assistance and in full settlement of any and all claims of
whatsoever nature and kind x x x against the estate of the late
Rufino Guy Susim."
247
Third
1. Anent the issue on private respondents' filiation, we agree with the Court
of Appeals that a ruling on the same would be premature considering that
private respondents have yet to present evidence.
2. Before the Family Code took effect, the governing law on actions for
recognition of illegitimate children was Article 285 of the Civil Code, to wit:
ART. 285. The action for the recognition of natural children may be
brought only during the lifetime of the presumed parents, except in
the following cases:
(1) If the father or mother died during the minority of the child, in
which case the latter may file the action before the expiration of four
years from the attainment of his majority
(2) If after the death of the father or of the mother a document should
appear of which nothing had been heard and in which either or both
parents recognize the child.
In this case, the action must be commenced within four years from the
finding of the document.
3. We ruled in Bernabe v. Alejo that illegitimate children who were still
minors at the time the Family Code took effect and whose putative parent
died during their minority are given the right to seek recognition for a
period of up to four years from attaining majority age.
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
4.
5.
6.
This vested right was not impaired or taken away by the passage of
the Family Code.
On the other hand, Articles 172, 173 and 175 of the Family Code, which
superseded Article 285 of the Civil Code, provide:
When filiation of an illegitimate child is established by a record of birth
appearing in the civil register or a final judgment, or an admission of
filiation in a public document or a private handwritten instrument
signed by the parent concerned, the action for recognition may be
brought by the child during his or her lifetime.
However, if the action is based upon open and continuous possession
of the status of an illegitimate child, or any other means allowed by
the rules or special laws, it may only be brought during the lifetime of
the alleged parent.
It is clear therefore that the resolution of the issue of prescription depends
on the type of evidence to be adduced by private respondents in proving
their filiation.
However, it would be impossible to determine the same in this case as
there has been no reception of evidence yet.
This Court is not a trier of facts.
While the original action filed by private respondents was a petition for
letters of administration, the trial court is not precluded from receiving
evidence on private respondents' filiation.
Its jurisdiction extends to matters incidental and collateral to the
exercise of its recognized powers in handling the settlement of the
estate, including the determination of the status of each heir.
There is no absolute necessity requiring that the action to compel
acknowledgment should have been instituted and prosecuted to a
successful conclusion prior to the action in which that same plaintiff
seeks additional relief in the character of heir.
MARIA USON, plaintiff-appellee, vs. MARIA DEL ROSARIO, CONCEPCION
NEBREDA, CONRADO NEBREDA, DOMINADOR NEBREDA, AND FAUSTINO
NEBREDA, Jr., defendants-appellants.
BAUTISTA ANGELO, J.: G.R. No. L-4963
January 29, 1953 ; NILO
Atty. Sebastian: Article 777 provides that the right to the succession are
transmitted from the moment of the death of the decedent. Accordingly, Uson
holds that the inheritance pertains to the heirs from the moment of the death
of the ancestor as completely as if the ancestor had executed and delivered to
248
Faustino Nebreda left no other heir except his widow Maria Uson.
a. However, plaintiff claims that when Faustino Nebreda died in
1945, his common-law wife Maria del Rosario took
possession illegally of said lands thus depriving her of their
possession and enjoyment.
b. She seeks now an action for recovery of the ownership and
possession of five (5) parcels of land
2)
2)
6.
249
7.
8.
6.
Issue: WON the compromise agreement is valid, even if the will of Francisco
has not yet been probated
Tasiana argues: that it was not valid because the heirs cannot enter
into such kind of agreement without first probating the will of
Francisco, and at the time the agreement was made, the will was still
being probated with the CFI of Nueva Ecija.
7.
2.
3.
4.
5.
6.
7.
8.
Issue:
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
BENEDICTO LEVISTE, petitioner, vs. THE COURT OF APPEALS, HON. JUDGE LUIS
B. REYES, COURT OF FIRST INSTANCE OF MANILA, ROSA DEL ROSARIO, RITA
BANU, CARMEN DE GUZMAN-MARQUEZ, JESUS R. DE GUZMAN, RAMON R.
DE GUZMAN, JACINTO R. DE GUZMAN and ANTONIO R. DE
GUZMAN, respondents
G.R. No. L-29184 January 30, 1989
GRIO-AQUINO, J.:
(Jeka)
Sebastian Notes: Article 1052 in part provides that if an heir repudiates the
inheritance to the prejudice of his creditors, the latter may petition the court to
authorize them to accept it in the name of the heir. This right pertains to
creditors, and excludes an attorney who may have a claim against his clientheir based on a contingent fee arrangement.
Facts:
3.
4.
5.
6.
7.
8. CA: a petition for mandamus (CA-G.R. No. 41248) praying that the trial
court be ordered to give due course to his appeal and to grant his
motion for substitution.
a. Dismissed the petition for being insufficient in form and
substance as the petitioner did not appear to be the proper
party to appeal the decision in Special Proceeding No. 58325
Issue: WON an attorney who was engaged on a contingent fee basis may, in
order to collect his fees, prosecute an appeal despite his client's refusal to
appeal the decision of the trial court.
253
(c) in payment of the total shares of the appellants in the entire estate, the
properties devised to them plus other properties left by the Testatrix and/or
cash are adjudicated to them; and
(d) to the grandchildren who are not compulsory heirs are adjudicated the
properties respectively devised to them subject to reimbursement by Gilbert D.
Garcia, et al., of the sums by which the devise in their favor should be
proportionally reduced.
9.
3.
4.
Locsin vs. Court of Appeals
G.R. No. 89783. February 19, 1992.* [Locsin vs. Court of Appeals, 206 SCRA
383(1992)] Osh
FACTS:
1. The late Getulio Locsin had three children named Mariano, Julian and
Magdalena, all surnamed Locsin.
2. He owned extensive residential and agricultural properties in the provinces
of Albay and Sorsogon. After his death, his estate was divided among his
three (3) children as follows:
(a) the coconut lands to his daughter, Magdalena Locsin;
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
5.
(b) 106 hectares of coconut lands were given to Julian Locsin, father of
the petitioners Julian, Mariano, Jose, Salvador, Matilde, and Aurea,
all surnamed Locsin;
(c) more than forty (40) hectares of coconut lands in Bogtong, eighteen
(18) hectares of riceland in Daraga, and the residential lots in Daraga,
Albay and in Legazpi City went to his son Mariano,
which Mariano brought into his marriage to Catalina Jaucian in
1908.
Catalina, for her part, brought into the marriage untitled
properties which she had inherited from her parents, Balbino
Jaucian and Simona Anson.
not blessed with children.
Mariano Locsin executed a Last Will and Testament instituting his wife,
Catalina, as the sole and universal heir of all his properties.
The will was drawn up by his wife's nephew and trusted legal
adviser, Attorney Salvador Lorayes.
Attorney Lorayes disclosed that the spouses being childless, they
had agreed that their properties, after both of them shall have
died should revert to their respective sides of the family, i.e.,
Mariano's properties would go to his "Locsin relatives" (i.e.,
brothers and sisters or nephews and nieces), and those of
Catalina to her "Jaucian relatives."
Don Mariano Locsin died of cancer
his will was probated in Special Proceedings No. 138, CFI of Albay
without any opposition from both sides of the family.
As directed in his will, Doa Catalina was appointed executrix
of his estate.
Her lawyer in the probate proceeding was Attorney Lorayes.
Catalina declared that "all items mentioned from Nos. 1 to 33 are
the private properties of the deceased and form part of his
capital at the time of the marriage with the surviving spouse,
while items Nos. 34 to 42 are conjugal."
Among her own and Don Mariano's relatives, Doa Catalina was closest to
her nephew, Attorney Salvador Lorayes, her nieces, Elena Jaucian, Maria
Lorayes-Cornelio and Maria Olbes-Velasco, and the husbands of the last
257
6.
7.
8.
9.
two: Hostilio Cornelio and Fernando Velasco. Her trust in Hostilio Cornelio
was such that she made him custodian of all the titles of her properties;
and before she disposed of any of them,
she unfailingly consulted her lawyer-nephew, Attorney
Salvador Lorayes.
It was Atty. Lorayes who prepared the legal documents and,
more often than not, the witnesses to the transactions were
her niece Elena Jaucian, Maria Lorayes-Cornelio, Maria OlbesVelasco, or their husbands. Her niece, Elena Jaucian, was her
life-long companion in her house.
Don Mariano relied on Doa Catalina to carry out the terms of their
compact, hence, nine (9) years after his death, xxx, Doa Catalina began
transferring, by sale, donation or assignment, Don Mariano's as well as her
own, properties to their respective nephews and nieces.
She made the following sales and donation of properties which she had
received from her husband's estate, to his Locsin nephews and nieces.
Also, Of her own properties, Doa Catalina conveyed to her own nephews
and nieces and others.
Four years before her death, she had made a will on October 22, 1973
affirming and ratifying the transfers she had made during her lifetime in
favor of her husband's, and her own, relatives.
After the reading of her will, all the relatives agreed that there
was no need to submit it to the court for probate because the
properties devised to them under the will had already been
conveyed to them by the deceased when she was still alive,
except some legacies which the executor of her will or estate,
Attorney Salvador Lorayes, proceeded to distribute.
In 1989, or six (6) years after Doa Catalina's demise, some of her Jaucian
nephews and nieces who had already received their legacies and
hereditary shares from her estate, filed action in the Regional Trial Court
of Legaspi City
to recover the properties which she had conveyed to the Locsins
during her lifetime,
alleging that the conveyances were inofficious, without
consideration, and intended solely to circumvent the laws on
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
succession. Those who were closest to Doa Catalina did not join
the action.
10. After the trial, judgment was rendered on July 8, l985 in favor of the
plaintiffs (Jaucian), and against the Locsin defendants,
ISSUE: Whether or not the the Jaucian nephews and nieces can recover the
properties which she had conveyed to the Locsins during her lifetime. NO
HELD:
The petition has merit and should be granted.
The trial court and the Court of Appeals erred in declaring the private
respondents, nephews and nieces of Doa Catalina J. Vda. de Locsin,
entitled to inherit the properties which she had already disposed of more
than ten (10) years before her death.
Property which Doa Catalina had transferred or conveyed to other
persons during her lifetime no longer formed part of her estate at the
time of her death to which her heirs may lay claim.
Had she died intestate, only the property that remained in her estate
at the time of her death devolved to her legal heirs; and even if those
transfers were, one and all, treated as donations, the right arising
under certain circumstances to impugn and compel the reduction or
revocation of a decedent's gifts inter vivos does not inure to the
respondents since neither they nor the donees are compulsory (or
forced) heirs.
There is thus no basis for assuming an intention on the part of Doa
Catalina, in transferring the properties she had received from her late
husband to his nephews and nieces, an intent to circumvent the law in
violation of the private respondents' rights to her succession.
Said respondents are not her compulsory heirs, and it is not pretended
that she had any such, hence there were no legitimes that could
conceivably be impaired by any transfer of her property during her
lifetime.
All that the respondents had was an expectancy that in nowise
restricted her freedom to dispose of even her entire estate subject
258
and six (6) years after Doa Catalina's death, it prescribed four (4)
years after the subject transactions were recorded in the Registry of
Property, whether considered an action based on fraud, or one to
redress an injury to the rights of the plaintiffs.
The private respondents may not feign ignorance of said transactions
because the registration of the deeds was constructive notice thereof
to them and the whole world.
259
7.
which held that the decedent, when she made the donation in
favor of Buhay, expressly prohibited collation. Moreover, the
donation did not impair the legitimes of the two adopted
daughters as it could be accommodated in, and in fact was
imputed to, the free portion of Candelaria's estate.
On appeal, the order of the trial court was reversed, the respondent
**
court holding that the deed of donation contained no express prohibition
to collate as an exception to Article 1062
Issue:
Was there an express prohibition against collation? NO
Ruling:
1. The SC agrees with the respondent court that there is nothing in the above
provisions expressly prohibiting the collation of the donated properties.
As the said court correctly observed, the phrase "sa pamamagitan
ng pagbibigay na di na mababawing muli" merely described the
donation as "irrevocable" and should not be construed as an
express prohibition against collation.
The fact that a donation is irrevocable does not necessarily
exempt the subject thereof from the collation required under
Article 1061.
2. Anything less than such express prohibition will not suffice under the
clear language of Article 1062.1awphil
The suggestion that there was an implied prohibition because the
properties donated were imputable to the free portion of the
decedent's estate merits little consideration.
Imputation is not the question here, nor is it claimed that the
disputed donation is officious
The sole issue is whether or not there was an express prohibition
to collate, and we see none.
3. The intention to exempt from collation should be expressed plainly and
unequivocally as an exception to the general rule announced in Article
1062.
260
7.
8.
9.
Gave 50% of the total amount of the bank deposits of Estrellita and
her daughters to Rafael, except Saving Account No. 104-111211-0
under the name of Jennifer which involves a token amount.
The other 50% was allotted to Lauro.
The Paraaque property and the car were also given to Lauro with
Rafael and Salud waiving
Rafael died.
Teresita instituted an intestate estate proceeding listing as heirs
Salud, Ramon, Ricardo and the wife (Zenaida) and children of
Antonio.
o Teresita prayed to be appointed Special Administratrix of Rafaels
estate.
o Additionally, she sought to be appointed as guardian ad litem of
Salud, now senile, and Ricardo, her incompetent brother.
Ramon filed an opposition praying to be appointed instead as Salud
and Ricardos guardian.
o Barely three weeks passed, Ramon filed another opposition
alleging, among others, that Estrellita was given the Valenzuela
property by Rafael which she sold for not les than Six Million
Pesos (P6,000,000.00) before her gruesome murder.
Ramon pleaded for courts intervention to determine the
legality and validity of the intervivos distribution made
by deceased Rafael to his children, Estrellita included.
Ramon filed his own petition: In Matter Of The Guardianship Of
Salud G. Nicolas and Ricardo G. Nicolas and averred that their
legitime should come from the collation of all the properties
distributed to his children by Rafael during his lifetime.
o Ramon stated that herein petitioner is one of Rafaels children
by right of representation as the widower of deceased
legitimate daughter of Estrellita.
RTC appointed Ramon as the Guardian, while Teresita was appointed as
the Special Administratrix.
The courts Order did not include Lauro in the slate of Rafaels heirs.
Neither was the Paraaque property listed in its list of properties to be
included in the estate
Subsequently, RTC removed Ramon as guardian
Lauro filed a Manifestation stressing that he was neither a compulsory heir
nor an intestate heir of Rafael and he has no interest to participate in the
proceedings.
the duty of the plaintiffs to allege and prove that the donations
received by the defendants were inofficious in whole or in part and
prejudiced the legitimate or hereditary portion to which they are
entitled. In the absence of evidence to that effect, the collation
sought is untenable for lack of ground or basis therefor.
Fourth
1. Even on the assumption that collation is appropriate in this case the
probate court, nonetheless, made a reversible error in ordering collation of
the Paraaque property.
2. We note that what was transferred to Estrellita, by way of a deed of sale, is
the Valenzuela property.
3. The Paraaque property which Estrellita acquired by using the proceeds of
the sale of the Valenzuela property does not become collationable simply
by reason thereof.
4. Indeed collation of the Paraaque property has no statutory basis.
5. Rafael, the decedent, has no participation therein, and petitioner who
inherited and is now the present owner of the Paraaque property is not
one of Rafaels heirs.
6. Thus, the probate courts order of collation against petitioner is
unwarranted for the obligation to collate is lodged with Estrellita, the heir,
and not to herein petitioner who does not have any interest in Rafaels
estate.
Fifth:
1. Finally, it is futile for the probate court to ascertain whether or not the
Valenzuela property may be brought to collation.
2. Estrellita, it should be stressed, died ahead of Rafael.
3. In fact, it was Rafael who inherited from Estrellita an amount more than
the value of the Valenzuela property.
4. Hence, even assuming that the Valenzuela property may be collated
collation may not be allowed as the value of the Valenzuela property has
long been returned to the estate of Rafael.
262
2.
3.
4.
5.
6.
7.
Angel N. Pascual Jr. died intestate, leaving as heirs his siblings, namely:
petitioner Amelia P. Arellano who is represented by her daughters
Agnes P. Arellano (Agnes) and Nona P. Arellano, and respondents
Francisco Pascual and Miguel N. Pascual.
In a petition for "Judicial Settlement of Intestate Estate and Issuance
of Letters of Administration, respondents alleged that a parcel of land
(the donated property) located in Teresa Village, Makati, which was,
by Deed of Donation, transferred by the decedent to petitioner the
validity of which donation respondents assailed, "may be considered
as an advance legitime" of petitioner
Respondents nephew Victor was, as they prayed for, appointed as
Administrator of the estate
Respecting the donated property which respondents assailed but
which they, in any event, posited that it "may be considered as an
advance legitime" to petitioner, the trial court, acting as probate
court, held that it was precluded from determining the validity of the
donation.
a. Provisionally passing, however, upon the question of title to
the donated property only for the purpose of determining
whether it formed part of the decedents estate, the probate
court found the Deed of Donation valid in light of the
presumption of validity of notarized documents
b. thus went on to hold that it is subject to collation following
Article 1061 of the New Civil Code
probate court thereafter partitioned the properties of the intestate
estate
the Court of Appeals found petitioners appeal "partly meritorious."
a. sustained the probate courts ruling that the property
donated to petitioner is subject to collation in this wise:
Petitioners Partial Motion for Reconsideration having been denied by
the appellate court , the present petition for review on certiorari was
filed
263
The decedent not having left any compulsory heir who is entitled to
any legitime, he was at liberty to donate all his properties, even if
nothing was left for his siblings-collateral relatives to inherit.
His donation to petitioner, assuming that it was valid, is deemed as
donation made to a "stranger," chargeable against the free portion of
the estate
There being no compulsory heir, however, the donated property is not
subject to collation.
2. Property should be equally distributed among parties
1.
2.
On November 25, 1949, Don Jesus Alsua and his wife, Doa Florentina
Rella, together with all their living children, Francisca Alsua-Betts, Pablo
Alsua, Fernando Alsua thru this judicial guardian Clotilde Samson, and
Amparo Alsua de Buenviaje,
entered into a duly notarized agreement, Escritura de Particion
Extrajudicial over the then present and existing properties of the
spouses Don Jesus and Doa Florentina enumerated in a prepared
inventory, Exhibit 8-A, the essential features of which are stated in
private respondents' Brief, pp. 26-29, to wit:
(2) An acknowledgment of the spouses that all the properties
described in the inventory (Annex A) are conjugal properties .
exception of five parcels of land .. and 30 shares of San Miguel
Brewery stock which are paraphernal properties of the late
Doa Tinay
(3) An acknowledgment that during their marriage, they had
nine children but five of them died minors, unmarried
(4) An acknowledgment that on the basis of Article 1056 of the
Civil Code (old) to avoid Possible misunderstanding among their
children concerning the inheritance they are entitled to in the
event of death of one of them they have decided to effectuate
an extrajudicial partition of all the properties described in
Annex "A" thereto under the following terms and conditions
On January 5, 1955, Don Jesus and Doa Florentina, also known as Doa
Tinay separately executed their respective holographic wills (Exhs. 6-B
and 7-B),
the provisions of which were in conformity and in implementation of
the extrajudicial partition of November 25, 1949.
Their holographic wills similarly provided for the institution of the
other to his or her share in the conjugal properties, the other half of
the conjugal assets having been partitioned to constitute their
legitime among their four living children in the Extrajudicial
Partition of 1949.
The wills also declared that in the event of future acquisitions of
other properties by either of them, one-half thereof would belong to
264
3.
4.
5.
the other spouse, and the other half shall be divided equally among
the four children.
On May 21, 1956, the spouses Don Jesus and Do;a Tinay filed before the
Court of First Instance of Albay their respective petitions for the probate
of their respective holographic wills
On August 14, 1956, the spouses Don Jesus and Do;a Tinay executed
their mutual and reciprocal codicils amending and supplementing their
respective holographic wills.
Again, the codicils similarly acknowledged and provided that one-half
of all the properties of the spouses, conjugal and paraphernal, had
been disposed of, conveyed to and partitioned among their
legitimate heirs in the "Escritura de Particion" of November 25, 1949,
but that they reserved for themselves (the spouses Don Jesus and
Doa Tinay) the other half or those not disposed of to the said
legitimate heirs under the above agreement of partition, and
that they mutually and reciprocally bequeathed unto each other
their participation therein as well as in all properties which might
be acquired subsequently.
Each spouse also declared that should she or he be the surviving
spouse, whatever belongs to him or her or would pertain to him or
her, would be divided equally among the four children.
It was also declared in both codicils that upon the death of either of
the spouses, the surviving spouse was designated mutually and
reciprocally as the executor or administrator of all the properties
reserved for themselves.
Also on the same day of August 14, 1956, the spouses Don Jesus and Doa
Tinay both filed their respective supplemental petitions for the probate
of their respective codicils in the probate proceedings earlier filed. On
February 19, 1957, their respective holographic wills and the codicils
thereto were duly admitted to probate.
Upon the death of Doa Tinay on October 2, 1959, Don Jesus was named
executor to serve without bond in an order issued by the probate court on
October 13, 1959.
6.
7.
Thereafter in the early part of November, 1959, Don Jesus cancelled his
holographic will in the presence of his bookkeeper and secretary, Esteban
P. Ramirez, whom he instructed to make a list of all his remaining
properties with their corresponding descriptions.
His lawyer, Atty. Gregorio imperial Sr. was then instructed to draft a
new will which was duly signed by Don Jesus and his attesting
witnesses
This notarial will and testament (Exh. A) of Don Jesus executed on
November 14, 1959 had three essential features:
(a) it expressly cancelled, revoked and annulled all the provisions of
Don Jesus' holographic will of January 5, 1955 and his codicil of
August 14, 1956;
(b) it provided for the collation of all his properties donated to his
four living children by virtue of the "Escritura de Particion Extra.
judicial" of 1949, and that such properties be taken into account
in the partition of his estate among the children; and
(c) it instituted his children as legatees/devisees of certain specific
properties, and as to the rest of the properties and whatever
may be subsequently acquired in the future, before his death,
were to be given to Francisca and Pablo, naming Francesca as
executrix to serve without a bond.
xxx. On July 6, 1960, the court approved the partition of 1959 and on
January 6, 1961 declared the termination of the proceedings on the
estate of Doa Tinay.
265
ISSUE:
I.
II.
III.
IV.
HELD:
On the first issue of estoppel raised in the assignment of errors,
We hold that the same is of no moment.
The controversy as to the competency or incompetency of Don Jesus
Alsua to execute his will cannot be determined by acts of the herein
private respondents as oppositors to the will in formally agreeing in
writing jointly with the petitioner Francisca Alsua de Betts that their father,
Don Jesus Alsua, xxx
The principle of estoppel is not applicable in probate proceedings
Finally, probate proceedings involve public interest, and the application
therein of the rile of estoppel, when it will block the ascertainment of the
truth as to the circumstances surrounding the execution of a testament,
266
2)
Both holographic wills and codicils having been probated thereafter and
upon the death of Doa Tinay, Don Jesus was appointed executor of the
will and in due time the partition of the properties or estate of Do;a
Tinay was approved by the probate court on July 6, 1960.
3) The respondent court ruled that the Extrajudicial Partition of November
25, 1949 was an enforceable contract which was binding on Don Jesus
Alsua as the surviving spouse, barring him from violating said partition
agreement, barring him from revoking his holographic will of January 5,
1955 and his codicil of August 14, 1956, and further barring him from
executing his new will and testament of November 14, 1959, now the
subject of the probate proceedings elevated to this Court.
267
Respondents insist that Don Jesus was bound by the extrajudicial partition of
November 25, 1949 and had in fact conformed to said Partition by making a
holographic will and codicil with exactly the same provisions as those of Doa
Tinay, which respondent court sustained.
We rule, however, that Don Jesus was not forever bound thereby for his
previous holographic will and codicil as such, would remain revokable at
his discretion.
There can be no restriction that may be made on his absolute freedom to
revoke his holographic will and codicil previously made.
This would still hold true even if such previous will had as in the case at
bar already been probated
1) For in the first place, probate only authenticates the will and does
not pass upon the efficacy of the dispositions therein.
2) And secondly, the rights to the succession are transmitted only
from the moment of the death of the decedent (Article 777, New
Civil Code).
In fine, Don Jesus retained the liberty of disposing of his property before
his death to whomsoever he chose, provided the legitime of the forced
heirs are not prejudiced, which is not herein claimed for it is undisputed
that only the free portion of the whole Alsua estate is being contested.
Considering these testamentary provisions, a close scrutiny of the
properties distributed to the children under the Deed of 1949 and those
distributed under the contested will of Don Jesus does not show that the
former had in fact been included in the latter.
This being so, it must be presumed that the intention of Don Jesus
in his last win was not to revoke the donations already made in the
Deed of 1949 but only to redistribute his remaining estate, or that
portion of the conjugal assets totally left to his free disposal and that
which he received as his inheritance from Do;a Tinay.
268
The legitimes of the forced heirs were left unimpaired, as in fact, not
one of said forced heirs claimed or intimated otherwise.
The properties that were disposed of in the contested will belonged
wholly to Don Jesus Alsua's free portion and may be diamond of by
him to whomsoever he may choose.
If he now favored Francesca more, as claimed by private
respondents, or Pablo as in fact he was, We cannot and may not sit
in judgment upon the motives and sentiments of Don Jesus in doing
so.
The claim of the private respondents that the sales were fictitious and void for
being without cause or consideration is as weak and flimsy as the ground upon
which the respondent court upheld said claim on the basis that there was no
need for funds in Don Jesus' old age aside from the speculation that there
was nothing in the evidence that showed what motivated Don Jesus to
change his mind as to favor Francesca and discriminate against the other
children.
The two contracts of same executed by Don Jesus in favor of Francesca are
evidenced by Exhibits "U" and "W", the genuineness of which were not at
all assailed at any time during this long drawn-out litigation of 15 years
standing.
That the consideration stated in the contracts were paid is also sufficiently
proved as the receipts thereof by Don Jesus were even signed by one of
the private respondents, Pablo Alsua, as a witness.
The latter cannot now deny the payment of the consideration And even of
he now allege that in fact no transfer of money was involved,
We find his allegation belied by Exhibits "X-3 " and "X-5 ", which show
that the checks of Francisco made payable to Don Jesus. were in fact
given to Don Jesus as he endorsed them on the back thereof, and most
specifically Exhibit "A" in the annulment case, which proved that Don
Jesus actually used Exhibit "XI " to complete payment on the estate and
inheritance tax on the estate of his wife to the Bureau of Internal Revenue.
4.
5.
Issue:
Is the will inoperative? YES
Should the partition be sustained based on the laws in effect at that time? YES
Ruling:
1. The SC sustains the ruling-made both by the trial court and the Court of
Appeals-that the will, not having been probated as required by law, was
inoperative as such.
The settled principle, as announced in a long line of decisions in
accordance with the Rules of Court, is that no will shall pass either
real or personal property unless it is proved or allowed in court.
2. However, the SC agrees with the trial court That the document may be
sustained on the basis of Article 1056 of the Civil Code of 1899, which was
in force at the time the said document was executed by Old Man Tumpao
in 1937. The said article reads as follows:
Art. 1056. If the testator should make a partition of his
properties by an act inter vivos, or by win, such partition shall
stand in so far as it does not prejudice the legitime of the
forced heirs.
3. JBL Reyes explains in the case of Albela vs. Albela:
that Article 1056 of the Civil Code of 1889 authorizes a testator to
partition inter vivos his property, and distribute them among his
heirs,
and that this partition is not necessarily either a donation nor a
testament, but an instrument of a special character, sui
generis, which is revocable at any time by the causante during his
6.
7.
270
8.
9.
3.
Two years later, Floserpina Chavez, with the conformity of her mother,
also sold her 1/6 undivided share of the same land to her sister,
Concepcion, for the same price of P450.
-
Facts:
1.
5.
6.
7.
8.
issue/held:
The land in question is the paraphernal property of petitioner Manuel
Buenavista who had six (6) children, named:
Antonio, Rosario, Concepcion, Raquel, Presentacion and
Floserpina
The first three were the plaintiffs and the last three, with their
mother, were the defendants in Civil Case No. 1934.
2.
whereby she sold her 1/6 undivided share of the land in question
to her sister, Concepcion Chavez, for P 450.
1.
Article 1080 of the New Civil Code allows a person to make a partition
of his estate either by an act inter vivos or by will and such partition
shall be respected insofar as it does not prejudice the legitimate of the
compulsory heirs.
271
2.
Art. 1080 of the Civil Code clearly gives a person two options in making
a partition of his estate; either by an act inter vivos or by WILL. When a
person makes a partition by will, it is imperative that such partition
must be executed in accordance with the provisions of the law on
wills;
-
3.
In the instant case, the respondent appellate court declared the Deeds
of Sale executed by Presentacion, Floserfina and Raquel, all surnamed
Chavez (Exhs. A, B, and C) in favor of Concepcion Chavez as evidence
of a valid partition of the land in question by and between Manuela
Buenavista and her children as she not only gave her authority thereto
but also signed the sales.
-
4.
272
2.
3.
4.
Atty. Sebastian: Bautista holds that an action to set aside a void extra judicial
partition is
imprescriptible.
Facts:
2.
3.
4.
5.
TEOFILO BAUTISTA, represented by FRANCISCO MUOZ, Attorney-in-Fact,
Petitioner, vs. ALEGRIA BAUTISTA, ANGELICA BAUTISTA, PRISCILLA BAUTISTA,
GILBERT BAUTISTA, JIM BAUTISTA, GLENDA BAUTISTA, GUEN BAUTISTA,
GELACIO BAUTISTA, GRACIA BAUTISTA, PEDRO S. TANDOC and CESAR
TAMONDONG, Respondents.
G.R. No. 160556 August 3, 2007
CARPIO MORALES, J.
(Jeka)
6.
7.
8.
9.
10.
d.
e.
f.
c.
A testator may, by an act inter vivos, partition his property, but he must first
make a will with all the formalities provided for by law. And it could not be
otherwise, for without a will there can be no testator; when the law, therefore,
speaks of the partition inter vivos made by a testator of his property, it
necessarily refers to that property which he has devised to his heirs.
FACTS:
1. On May 13, 1925, Sabina Almadin executed a will devising certain
parcels of land belonging to her, to her four nieces, Maria Verzosa,
Oliva Verzosa, Toribia Verzosa, and Ruperta Palma, daughters of her
sister Catalina Almadin, designating the parcels to be given to each.
2. On August 8, 1925, Sabina Almadin partitioned her property among
her aforesaid sister and nieces thru a deed of sale and made a sworn
statements before the deputy provincial assessor and municipal
secretary of Bian, Laguna, wherein Sabina stated that she had had
sold parcels of land to her
3. Sabina Almadin passed away on February 22, 1926 and on March 12th
the same year, her sister, Catalina Almadin, propounded her will,
mentioned above, for probate.
4. CFI and C.A. did not admit the will to probate.
5. Vivencio Legasto, then, the special administrator appointed by court
to take charge of Sabina Almadin's estate, filed the complaint, claiming
the delivery of the parcels of land.
ISSUES and RULING:
1) Whether the partition made by Sabina Almadin of her property
among her nieces, the defendants and appellants herein, was valid?
NO.
Article 1056 of the Civil Code Provides:
ART. 1056. If the testator should make a partition of his property by an
act inter vivos, or by will, such partition shall stand in so far as it does not
prejudice the legitime of the forced heirs.
The Supreme Court of Spain opined:
that the language of article 1056 cannot be interpreted to mean that a
person may, by acts inter vivos, partition his property referred to in
the section wherein said article is found, without the authority of a
testament containing an expression of his last will, or the authority of
law, for, otherwise, a partition thus made would be tantamount to
275
The idea is to divide the estate among the heirs designated by the
testator. This designation constitutes the disposition of the properties
to take effect after his death, and said act must necessarily appear in
the testament because it is the expression of the testator's last will
and must be surrounded by appropriate formalities.
b) Then comes the second part, to wit, the division in conformity with
that disposition, and the testator may make this division in the same
will or in another will, or by an act inter vivos.
With these words the law, in article 1056 as well as in article
1057, which we shall hereafter examine, makes allusion to the
forms or manner of making the partition and not to the effects
thereof, which means that, for the purposes of partition the
formal solemnities which must accompany every testament or
last will are not necessary.
Neither is it necessary to observe the special formalities required
in case of donations, because it is not a matter of disposing
gratuitously of properties, but of dividing those which already
have been legally disposed of.
Both the Spanish Supreme Court and Manresa, are of opinion that a testator
may, by an act inter vivos, partition his property, but he must first make a will
with all the formalities provided for by law.
And it could not be otherwise, for without a will there can be no
testator; when the law, therefore, speaks of the partition inter vivos
made by a testator of his property, it necessarily refers to that
property which he has devised to his heirs.
A person who disposes of his property gratis inter vivos in not called a
testator, but a donor. In employing the word "testator," the law
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
276
Facts:
1.
Ratio:
1. Both the trial court and the respondent Appellate Court that the
2.
3.
4.
5.
6.
7.
REBECCA VIADO NON, JOSE A. NON and DELIA VIADO, petitioners, vs. THE
HONORABLE COURT OF APPEALS, ALICIA N. VIADO, CHERRI VIADO and FE
FIDES VIADO, respondents.
G.R. No. 137287. February 15, 2000. J. Vitug
(Bon)
Doctrine: Every act intended to put an end to indivision among co-heirs and
legatees or devisees would be a partition although it would purport to be a sale,
an exchange, a compromise, a donation or an extrajudicial settlement.
Facts:
BACKGROUND:
1. During their lifetime, the spouses Julian C. Viado and Virginia P. Viado
owned several pieces of property, among them a house and lot
located La Loma, Quezon City,
278
CASE
1.
2.
3.
4.
5.
6.
7.
b.
8.
Issue:
Did the co-ownership in the property extinguish and thus the owner should be
the respondents?
Held:
YES. The due execution and authenticity of the documents presented by
respondents was not substantially controverted or proven to invalid
NOTE !!!
THERE IS INDEED AN EXISTENCWE OF CO-OWNERSHIP (BY VIRTUE OF
SUCCESSION)
When Virginia P. Viado died intestate in 1982, her part of the conjugal
property, the Isarog property in question included, was transmitted to
her heirsher husband Julian and their children Nilo Viado, Rebecca
Viado, Leah Viado and Delia Viado.
The inheritance, which vested from the moment of death of the
decedent, remained under a co-ownership regime.
There is co-ownership when the title of an undivided thing or right
belongs to different persons . among the heirs until partition.
Partition is the division between two or more persons of real or
personal property which they own as co-partners, co-tenants or Every
act intended to put an end to indivision among co-heirs and legatees
or devisees would be a partition although it would purport to be a
sale, an exchange, a compromise, a donation or an extrajudicial
settlement.
279
280
3.
MARCH 22
LEGACIES AND DEVISES
GONZALO VILLANUEVA, REPRESENTED BY HIS HEIRS, PETITIONER, VS.
SPOUSES FROILAN AND LEONILA BRANOCO, RESPONDENTS.
G.R. No. 172804, January 24, 2011
CARPIO, J.:
FACTS:
1. Petitioner Gonzalo Villanueva, represented by his heirs, sued respondents,
spouses Froilan and Leonila Branoco to recover a 3,492 square-meter
parcel of land in Leyte and collect damages.
Petitioner claimed ownership over the Property through purchase in
July 1971 from Casimiro Vere, who, in turn, bought the Property from
Alvegia Rodrigo in August 1970.
In their Answer, respondents similarly claimed ownership over the
Property through purchase in July 1983 from Eufracia Rodriguez to
whom Rodrigo donated the Property in May 1965.
o The two-page deed of donation contains the following:
Alvegia Rodrigo lived together with Juan Arcillas (who later on
left them), and begot children (Lucio, Vicenta, Segundina,
Adelaida)
Eufracia Rodriguez, one of the nieces, is given one parcel of
land in Leyte (bearing a tax declaration in the name of
Alvegia), for her obedience in all the works in the house
Eufracia accepts the land from Inay Alvegia, but promises to
give of the produce of the land to Apoy Alve during her
lifetime
CaluagCelles Chavez Chua Haulo Marquez Rico Uy [Atty. Legarda]
ISSUE:
Was the petitioner's title over the Property superior to respondents'?
Was the contract between the parties' predecessors-in-interest,
Rodrigo and Rodriguez, a donation or a devise?
HELD:
We find respondents' title superior, and thus, affirm the CA.
1.
2.
3.
FACTS:
282
2.
3.
4.
5.
ISSUES: 1. Whether or not the decree of the Court of First Instance allowing the
will to probate had become final for lack of appeal? YES
2. Whether or not the order of the Court of origin dated July 27, 1959,
overruling the estoppel invoked by oppositors-appellants had likewise become
final? YES
3. Whether or not the 1930 will of Benedicta de los Reyes had been impliedly
revoked by her execution of deeds of conveyance in favor of the proponent on
March 26, 1943 and April 3, 1944? NO
283
revocation would not affect the will itself, but merely the
particular devise or legacy
Only the total and absolute revocation can preclude probate
of the revoked testament
284
There is no doubt that, the testator's intention being the cardinal rule of
succession in the absence of compulsory (forced) heirs, he could have
rendered inoperative all the articles mentioned, if he had so desired.
286