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Normally, the probate of a will does not look into its intrinsic validity, only if requirements as to form
have been met.
Bernardo is mistaken for having relied on the cases of Nuguid v Nuguid and Balanay v Martinez. These
are the exceptions, rather than the rule. The intrinsic validity of such wills were passed upon even
before probate because practical considerations so demanded.
In Nuguid, the Court ruled that the will was intrinsically invalid because it completely preterited the
parents of the testator. In this case, such was in the nature of a Disinheritance. In 854 of preterition, it
shall annul the institution of heirs. In 918 of disinheritance, such shall also annul the institution of heirs,
but only insofar as it may prejudice the person disinherited.
By virtue of the dismissal of the Testate case, the determination of the controversial issue has not been
thoroughly considered. Trial Court conclusion is that Bernardo has been preterited; SC is of the opinion
that from the face of the Will, such is not unquestionable.
As to procedural aspect, Court deems that judge indeed had acted in excess of his jurisdiction, thus
Certiorari is a proper remedy.
Decision set aside, Orders of CFI XI Rizal are nullified. SP Q-23304 is hereby remanded to CFI XI, and
consolidated with SP 8569 for further proceedings.