Wills and Succession 1

Case Digest

In Re Summary Settlement of the Estate of Melodia Ferraris Filomena ABELLANA DE BACAYO, petitioner-appellant, vs. Gaudencia FERRARIS, et al., oppositors-appellants. G.R. No. L-19382, August 31, 1965
FACTS: Melodia Ferraris left properties in Cebu City consisting of 1/3 share in the estate of her aunt Rosa Ferraris. Ten years have elapsed since the last time she was known to be alive, she was declared presumptively dead for purposes of opening her succession and distribute her estate among heirs. Hence, a petition for the summary settlement of her estate was filed. Melodia left no surviving descendant, ascendant or spouse, but was survived only by collateral relatives: 1) an aunt and half-sister of decedent¶s father; and 2) her nieces and nephews who were children of Melodia¶s only brother of full blood who predeceased her. In the settlement proceeding, Filomena Abellana de Bacayo, who is the decedent¶s half-sister, was excluded as an heir pursuant to a resolution issued by the lower court. A motion for reconsideration was denied hence this action. ISSUE: Who should inherit the intestate estate of a deceased person when he or she is survived only by collateral relatives, to wit an aunt and the children of a brother who predeceased him? Or will the aunt concur with the children of the decedent¶s brother or will the former be excluded by the latter. RULING: As an aunt of the deceased she is as far distant as the nephews from the decedent (three degrees) since in the collateral line to which both kinds of relatives belong, degrees are counted by first ascending to the common ancestor and descending to the heir (Art. 966, Civil Code). Appellant is likewise right in her contention that nephews and nieces alone do not inherit by right of representation unless concurring with brothers or sisters of the deceased, as provided expressly by Art. 975. Nevertheless, the trial court was correct when it held that, in case of intestacy, nephews and nieces exclude all other collaterals (aunts and uncles, first cousins, etc.) from the succession. This is readily apparent from articles 1001, 1004, 1005, and 1009 of the Civil Code.

Wills and Succession 2
Case Digest

Constantino C. ACAIN, petitioner vs. Hon. INTERMEDIATE APPELLATE COURT G.R. No. 72706, October 27, 1987
FACTS: Constantino Acain filed on the Regional Trial Court a petition for the probate of the will of his late Uncle, Nemesio Acain, on the premise that the latter died leaving a will in which the former and his brothers and sisters were instituted as heirs. After the petition was set for hearing in the lower court, Virginia Fernandez and Rosa Diongson, a legally adopted daughter and the widow of the deceased respectively, filed a motion to dismiss on the grounds that: (1) Constantino Acain has no legal capacity to institute the proceedings; (2) he is merely a universal heir; and (3) the widow and the adopted daughter have been pretirited. Said motion was denied as well as the subsequent motion for reconsideration. Consequently, Fernandez and Diongson filed with the Supreme Court a petition for certiorari and prohibition with preliminary injunction which was subsequently referred to the Intermediate Appellate Court. IAC granted Fernandez and Diongson¶s petition and ordered the trial court to dismiss the petition for probate of the will. Due to the denial of Acain¶s motion for reconsideration, he then filed a petition for review on certiorari before the Supreme Court. ISSUE: Whether or not Virginia Fernandez and Rosa Diongson have been pretirited. RULING:
Article 854 of the Civil Code: The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devisees and legacies shall be valid insofar as they are not inofficious. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation.

Preterition consists in the omission in the testator¶s will of the forced heirs or anyone of them either because they are not mentioned therein, or though mentioned, they are neither instituted as heirs nor are expressly disinherited. Insofar as the widow is concerned, Article 854 may not apply as she does not ascend or descend from the testator, although she is a compulsory heir. However, the same thing cannot be said of the legally adopted daughter. Under Article 39 of P.D. No. 603, known as the Child and Youth Welfare Code, adoption gives to the adopted person the same rights and duties as if he were a legitimate child of the adopter and makes the adopted person a legal heir of the adopter. It cannot be denied that she was totally omitted and preterited in the will and that both the adopted child and the widow were deprived of at least their legitime. Neither can it be denied that they were not expressly disinherited. Hence, this is a clear case of preterition of the legally adopted child. The universal institution of Acain together with his brothers and sisters to the entire inheritance of the testator results in totally abrogating the will because the nullification of such institution of universal heirs without any other testamentary disposition in the will amounts to a declaration that nothing at all was written.

Wills and Succession 3
Case Digest

Danilo ALUAD, et al., petitioners vs. Zenaido ALUAD, respondent G.R. No. 176943, October 17, 2008
FACTS: Petitioner¶s mother, Maria Aluad and respondent Zenaido Aluad were raised by the childless spouses Matilde and Crispin Aluad. Crispin was the owner of six lots of Pilar Cadastre, Capiz. After his death, Matilde adjudicated the lots to herself and thereafter, she executed a Deed of Donation of Real Property Inter Vivos in favor of Maria covering all the six lots. The Deed provided that such will become effective upon the death of the Donor, but in the event that the Donee should die before the Donor, the present donation shall be deemed rescinded. Provided, however, that anytime during the lifetime of the Donor or anyone of them who should survive, they could use, encumber or even dispose of any or even all of the parcels of the land. Matilde sold one of the lots to Zenaido and subsequently, Matilde executed a last will and testament devising four (4) of the lots to Maria and the remaining lot to Zenaido. Maria died a few months after Matilde¶s death. Thereafter, Maria¶s heirs (herein petitioners) filed before the RTC a complaint for declaration and recovery of ownership and possession of the two lots conveyed and donated to Zenaido, alleging that no rights have been transmitted to the latter because such lots have been previously alienated to them to Maria via the Deed of Donation. The lower court decided in favor of the petitioners however, CA reversed said decision upon appeal of Zenaido which held that the Deed of Donation was actually a donation mortis causa, not inter vivos and as such it had to, but did not, comply with the formalities of a will. Due to the denial of the petitioner¶s Motion for Reconsideration, the present Petition for Review has been filed. ISSUES: 1. Whether or not the Deed of Donation is donation inter vivos and whether or not such deed is valid. 2. If so, whether or not Matilde Aluad has the right to convey the lots in question to Zenaido Aluad. RULING: The Court finds the donation to Maria Aluad (petitioner¶s mother) one of mortis causa, it having the following characteristics: 1. It conveys no title or ownership to the transferee before the death of the transferor, or what amounts to the same thing, that the transferor should retain the ownership (full or naked) and control of the property while alive; 2. That before the death of the transferor, the transfer should be revocable, by the transferor at will, ad nutum, but revocability may be provided for indirectly by means of a reserved power in the donor to dispose of the properties conveyed; and 3. That the transfer should be void of the transferor should survive the transferee. The phrase in the earlier-qouted Deed of Donation ³to become effective upon the death of the DONOR´ admits of no other interpretation than to mean that Matilde did not intend to transfer the ownership of the six lots to petitioner¶s mother during the former¶s lifetime. Further the statement, ³anytime during the lifetime of the DONOR or anyone of them who should survive, they could use, encumber or even dispose of any or even all the parcels of land herein donated,´ means that Matilde retained ownership of the lots and reserved in her the right to dispose them. For the right

With respect to the conveyed lot. ³anyone of them who should survive´ is out of sync. Matilde thus validly disposed the lot to Zenaido by her last will and testament. The donation being then mortis causa. not three or more witnesses following Article 805 of the Civil Code. since it was not probated. the formalities of a will should have been observed but they were not. But even assuming arguendo that the formalities were observed. . no right to the two lots was transmitted to Maria. The phrase. as it was witnessed by only two. It is void and transmitted no right to petitioner¶s mother. For the Deed of Donation clearly stated that it would take effect upon the death of the donor.Wills and Succession 4 Case Digest to dispose of a thing without other limitations than those established by law is an attribute of ownership. said phrase could only have referred to the donor. subject to the qualification that her will must be probated. hence. the same had been validly sold by Matilde to Zenaido.

Whether or not Brigido Alvarado was blind within the meaning of Article 808 at the time his ³Huling Habilin´ and codicil were executed. Upon failure of Cesar to substantiate his Opposition. ³Huling Habilin´ wherein he disinherited an illegitimate son.Wills and Succession 5 Case Digest In the Matter of the Probate of the Last Will and Testament of the Deceased Brigido Alvarado. they were validly executed. as substantial compliance. Ramon GAVIOLA G. As testified to by the three instrumental witnesses. 74695. and expressly revoked a previously executed a holographic will at the time awaiting probate before RTC. Hence. If so. CA concluded that although Art. 1993 FACTS: Brigido Alvarado executed a notarial will entitled. Instead. Cesar ALVARADO. it can be safely concluded that the testator was reasonably assured that what was read to him were the terms actually appearing on the typewritten documents. a codicil was subsequently executed changing some dispositions in the notarial will to generate cash for the testator¶s eye operation because he was then suffering from glaucoma. Upon the testator¶s death. There is no evidence and Cesar does not allege that the contents of the will and codicil were not sufficiently made known and communicated to the testator. petitioner vs. Rino who read it alound in his presence and in the presence of the three instrumental witnesses and of the notary public. Moreover. Unless the contents were read to him. however. RULING: Art. No. to consider his will as validly executed and entitled to probate. While the testator¶s will was admitted to probate. the testator did not personally read the final draft of the codicil. 808 applies not only to blind testators but also to those who. Rino.´ or ³blurred´ vision. with respect to the ³Huling Habilin. Atty. the three instrumental witnesses and the notary public. he had no way of ascertaining whether or not the lawyer who drafted the will and codicil did so conformably with his instruction. with four persons following the reading word for word with their own copies. ISSUES: 1. are ³incapable of reading their wills. This is especially true considering the fact that the three instrumental witnesses were persons known to the testator. 2. September 14. 808 was not followed. there can be no other course but to conclude that he comes within the scope of the term ³blind¶ as used in Art. 808 had been complied with. Atty Rino as executor filed a petition for probate of the notarial will which was in turn opposed by Cesar alleging that the will sought to be probated was not executed and attested as required by law. 808 was admittedly not complied with. instead. it was Atty. as the lawyer who drafted the document read the same aloud in the presence of the testator. 808. for one reason or another. whether or not the requirement of double-reading in said Article was complied with such that whether or not. the testator did not read the final draft of the will. Cesar Alvarado. .and that since reading required by Art. On the contrary. it is essential to ascertain whether or not Art. Hon.R. a Probate Order was issued from which an appeal was made to IAC stating that the probate of the deceased¶s last will and codicil should have been denied because the testator was blind within the meaning of the law at the time his ³Huling Habilin´ and the codicil thereto was executed.´ ³defective. there was. the notary public and Cesar.´ the day of the execution was not the first time that the testator had affirmed the truth and authenticity of the contents of the draft. Since the deceased was incapable of reading the final drafts of his will and codicil on the separate occasions of their execution due to his ³poor. But the disinheritance and the revocatory clauses remained and as in the case of the notarial will.

Wills and Succession 6 Case Digest The spirit behind that law was served though the letter was not. the reason being that the solemnities surrounding the execution of will are intended to protect the testator from all kinds of fraud and trickery but are never intended to be so rigid and inflexible as to destroy the testamentary privilege. the formal imperfection should be brushed aside when they do not affect its purpose and which. Substantial compliance is acceptable where the purpose of the law has been satisfied. Although there should be strict compliance with the substantial requirements of the law in order to insure authenticity of the will. when taken into account may only defeat the testator¶s will. .

The cause for the institution heirs must be stated in the will. L-23079. Upon denial of two motions for reconsiderations. It must appear from the face of the will that the testator would not have made such institution if he had known the falsity of the cause. vs. RULING: Article 850 provides: The statement of a false cause for the institution of an heir shall be considered as not written.R. that the testator clearly would not have made the institution of he had known the cause for it to be false. Subsequently. . that we could even vary the language of the will for the purpose of giving it effect. G. However.Wills and Succession 7 Case Digest Ruben AUSTRIA et al. hence they should be rendered mere strangers and without any right to succeed as heirs. Such institution may be annulled only when one is satisfied. the following requisites must concur: 1. shows a perceptible inclination on her part to give to the respondents more than what she thought the law enjoined her to give to them. petitioners. February 27. Her disposition of the free portion of her estate which largely favored Cruz. so compelling is the principle that intestacy should be avoided and the wishes of the testator allowed to prevail. respondents. et al. 850. ISSUE: Whether or not the institution of heirs would retain efficacy in the event there exists proof that the adoption of the same heirs by the decedent is false. Andres REYES. and 3. Ruben and the other petitioners filed in the same proceedings a petition in intervention for partition alleging in substance that they are the nearest kin and that the five private respondents (Perfecto et al. The words used in her will to describe the class of heirs instituted and the abstract object of the inheritance offer no absolute indication that the decedent would have willed her estate other than the way she did if she had known that she was not bound by law to make allowance for legitimes. Hon. Before the institution of heirs may be annulled under Art. The cause must be shown to be false. after an examination of the will. The court then allowed the said intervention by petitioners which the court delimited to the properties of the deceased which were not disposed of in the will and disregarded the matter of the genuineness of adoption. 1970 FACTS: Basilia Austria filed with the CFI of Rizal a petition for probate ante mortem of her last will and testament which was opposed by Ruben Austria and others who are nephews and nieces of Basilia. Moreover. No. 2..) had not in fact been adopted by the testator in accordance with law. The article quoted above is a positive injunction to ignore whatever false cause the testator may have written in his will for the institution of heirs. the petitioners filed before the Supreme Court a petition for certiorari praying for the annulment of the lower court¶s orders restricting their intervention. The bulk of the estate was destined under the will to pass on the Perfecto Cruz and others whom had been assumed and declared by Basilia as her own legally adopted children. unless it appears from the will of the testator would not have made such institution if he had known the falsity of such cause. especially where the will evinces an intention on the part of the testator to dispose of practically his whole estate. upon Basilia¶s death.. such opposition was dismissed and the probate was allowed after due hearing. Testacy is favored and doubts are resolved on its side. et al. Perfecto was appointed executor in accordance with the provisions of the former¶s will.

Wills and Succession 8
Case Digest

In the Matter of the summary settlement of the Estate of the decease Anacleta Abellana Lucio BALONAN, petitioner-appellee vs. Eusebia ABELLANA, et al., oppositors-appellants. G.R. No. L-15153, August 31, 1960
FACTS: The last Will and Testament sought to be probated consists in two (2) typewritten pages. The first page is signed by Juan Bello and on the left margin appears the signatures of the three (3) instrumental witnesses. On the second page appears the signature of said witnesses, at the bottom of which appears the signature of the notary public and below said signature is his designation as notary public. On the left margin of the second page (last page of the will) appears the signature of Juan Bello under whose name appears handwritten the phrase, ³Por la Testadore Anacleta Abellana´ (For the Testate of Anacleta Abellana). The will is duly acknowledged before the notary public. ISSUE: Whether or not the signature of Juan Bello above the typewritten statement, ³Por la Testadora Anacleta Abellana´ comply with the requirements of law prescribing the manner in which a will shall be executed. RULING:
Article 805 of the Civil Code provides: Every will, other than a holographic will, must be subscribed at the end there of 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 witnesses in the presence of the testator and of one another.

The law requires that the testator himself sign the will, or if he cannot do so, the testator¶s name must be written by some other person in his presence and by his express direction. In this case, the name of the testatrix, Anacleta Abellana does not appear written under the will by said Abellana herself, or by Dr. Juan Bello. 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. Hence, the will of the deceased Anacleta Abellana must not be admitted to probate.

Wills and Succession 9
Case Digest

Maria Gervacio BLAS, et al., plaintiffs-appellants vs. Rosalina SANTOS, in her capacity as Special Administratix of the Estate of the deceased Maxima Santos, et al., defendants-appellants. G.R. No. L-14070, March 29, 1961
FACTS: Simeon Blas contracted a first marriage with Marta Cruz and had three children, only one of whom, Eulalio, left children namely: Maria Gervacio Blas (one of the plaintiffs), Marta Gervacio Blas (one of the defendants), and Lazaro Gervacio Blas. Lazaro died and is survived by three legitimate children who are plaintiffs herein namely, Manuel, Leoncio and Loid. Subsequently after Marta¶s death, Simeon contracted a second marriage with Maxima Santos. At the time of second marriage, no liquidation of the properties of Simeon and Marta was made. A week before Simeon¶s death, he executed a last Will and Testament, and he also ordered a preparation of a document (Exhibit A) because the properties he had acquired during his first marriage with Mart had not been liquidated and were not separated from those acquired during the second marriage. Such document contains promises by Maxima to respect the disposition of said will and to give one-half (1/2) of the properties she and her husband will leave to the heirs, legatees or beneficiaries named in the will. Pursuant to this document, the plaintiffs instituted an action against the administration of the estate of Maxima Santos to secure a judicial declaration that one-half (1/2) of the properties left by Maxima be adjudicated to them. Upon filing of opposition by the administratix, the trial court dismissed the complaint. Hence, this appeal. ISSUES: 1. Whether or not the heirs of Simeon Blas and wife Marta Cruz can make any claim for the unliquidated conjugal properties acquired during their marriage. 2. Whether or not ³Exhibit A´ is a valid and enforceable contract. RULING: 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 because the same were already included in the mass properties constituting the estate of the deceased Simeon Blas and in the adjudications made by virtue of his will. Exhibit A appears to be the compromise defined in Article 1809 of the Civil Code of Spain, in force at the time of the execution of such document, which provides as follows: Compromise is a contract by which each of the parties in interest, by giving, promising, or retaining something avoids the provocation of a suitor terminates one which has already provocation been instituted. The agreement or promise that Maxima Santos made in Exhibit A is to hold one-half of her share in the conjugal assets in trust for the heirs and legatees of her husband in his will, with the obligation of conveying the same to such of his heirs or legatees as she may choose in her last will and testament. This kind of agreement pr promise is not void.

Wills and Succession 10
Case Digest

Wencesla CACHO, petitioner-appellee vs. John G. UDAN and Rustico G. UDAN, oppositors-appellants. G.R. No. L-19996, April 30, 1965
FACTS: Silvina Udan, single, died leaving a will naming her son Francisco and one Wencesla Cacho as her sole heirs, share and share alike. Cacho then filed a petition to probate the said Will which was opposed by the testator¶s legitimate brother, Rustico. Therafter, Francisco filed his opposition to the probate of the Will while Rustico withdrew his opposition. After Francisco¶s death, another legitimate brother of the testator, John, together with Rustico, filed their respective oppositions. Consequently, Cacho filed a Motion to Dismiss the Oppositions filed by John and Rustico. CFI issued an order disallowing the two oppositions for lack of interest in the estate. The subsequent Motions for Reconsiderations were denied hence, this appeal. ISSUE: Whether or not John and Rustico Udan may claim to be heirs intestate of their legitimate sister, Silvina. RULING: It is clear from Article 988 and 1003 of the governing Civil Code of the Philippines, in force at the time of the death of the testatrix that the oppositor brothers may not claim to be heirs intestate of their legitimate sister, Silvina.
Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles.

These legal provisions decree that collateral relatives of one who died intestate inherit only in the absence of descendants, ascendants, and illegitimate children. Albeit the brothers and sister can concur with the widow or widower, they do not concur, but are excluded by the surviving children, legitimate or illegitimate. Further, the death of Francisco does not improve the situation of appellants. 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, pursuant to Article 992.
Art. 992. An illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit the same manner from the illegitimate child.

However, the hearing on the probate must still proceed to ascertain the rights of Cacho as testamentary heir.

et al. among other things. Due to denial of petitioners¶ motion for reconsideration. That the attesting witnesses witnessed the signing by the testator of the will and all its pages. he himself filed a petition before the CFI seeking the probate of his last will and testament but the scheduled hearings were postponed.. petitioners vs. May 28. it gives affirmation to the fact that compliance with the essential formalities required by law has been observed. the petitioners asserted that the will in question is null and void for the reason that its attestation clause is fatally defective since it fails to specifically state the instrumental witnesses to the will witnessed the testator signing the will in their presence and that they also signed the will and all the pages thereof in the presence of the testator and of one another. the testator was already in the poor state of health such that he could not have possibly executed the same. or expressly cause another to sign. It was declare therein that. Upon appeal to CA. and that the said witnesses also signed the will and every page thereof in the presence of the testator and of one another. sought his appointment as special administrator of the testator¶s estate but due to his death. Benoni Cabrera.Wills and Succession 11 Case Digest Tedoro CANEDA.R. herein petitioners claiming to be nephews and nieces of the testator. that the testator was leaving by way of legacies and devises his real and personal properties to specific persons. until the testator passed away before his petition could finally be heard by the probate court. CA affirmed the decision of the trial court ruling and ruling that the attestation clause in the Last Will substantially complies with Article 805 of the Civil Code. Hon. ISSUES: 1. . appeared as oppositors and objected to the allowance of the testator¶s will on the ground that on the alleged date of its execution. The probate court rendered a decision that such will is the Last Will and Testament of Mateo Caballero and that it was executed in accordance with all the requisites of the law. The number of pages used upon which the will is written. In the course of the hearing. executed a last will and testament before three attesting witnesses and he was duly assisted by his lawyer and a notary public. hence this appeal before the Supreme Court. 1993 FACTS: Mateo Caballero. and 3. he was succeeded by William Cabreara. 2. should state: 1. Under the 3rd paragraph of Article 805. No. Whether or not the attestation clause complies with the substantial compliance pursuant to Article 809 of the Civil Code. COURT OF APPEALS and William CABRERA. G. one of the legatees named in the will. RULING: An attestation clause refers to that part of an ordinary will whereby the attesting witnesses certify that the instrument has been executed before them and to the manner of the execution of the same. Not long after. respondents. as Special Administrator of the Estate of Mateo Caballero. and that the signature of the testator is not genuine. all of whom do not appear to be related to Mateo. It is a separate memorandum or record of the facts surrounding the conduct of execution and once signed by the witnesses. the will and every page thereof in the presence of the attesting witnesses. That the testator signed. such a clause. who was appointed by RTC which is already the probate court. 2. However. 103554. Whether or not the attestation clause in the last will of Mateo Caballero is fatally defective such that whether or not it affects the validity of the will. a widower without any children. the complete lack of which would result in the invalidity of the will.

forgery. These considerations do not apply where the attestation clause totally omits the fact that the attesting witnesses signed each and every page of the will in the presence of the testator and of each other. as contemplated in Article 809 of the Civil Code: In the absence of bad faith. Petitioners are correct in pointing out that the 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. In such a situation. is the statement that the witnesses signed the will and every page thereof in the presence of the testator and of one another. What is then clearly lacking. That is precisely the defect complained of in the present case since there is no plausible way by which it can be read into the questioned attestation clause statement. . The attestation clause herein assailed is 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. ³Attestation´ and ³subscription´ differ in meaning. The defects and imperfection must only be with respect to the form of the attestation or the language employed therein. defects and imperfection in the form of attestation or in the language used therein shall not render the will invalid if it is not proved that the will was in fact executed and attested in substantial compliance with all the requirements of Article 805. Attestation is the act of sense. the defect is not only in the form or language of the attestation clause but the total absence of a specific element required by Article 805 to be specifically stated in the attestation clause of a will.Wills and Succession 12 Case Digest It will be noted that Article 805 requires that the witness should both attest and subscribe to the will in the presence of the testator and of one another. or fraud or undue and improper pressure and influence. The absence of the statement required by law is a fatal defect or imperfection which must necessarily result in the disallowance of the will that is here sought to be admitted to probate. Such defects or imperfection would not render a will invalid should it be proved that the will was really executed and attested in compliance with Article 805. that the attesting witness did actually bear witness to the signing by the testator of the will and all of its pages and that said instrumental witnesses also signed the will and every page thereof in the presence of the testator and of one another. while subscription is the act of the hand. or an implication thereof.

unless it is further shown that the influence destroys the testator¶s free agency. a married man. it does not appear that her influence so overpowered and subjugated his mind as to destroy his free agency and make him express the will of another rather than his own. Influence gained by kindness and affection will not be regarded as undue. The testator¶s will gives the tercio de libre disposicion to the illegitimate son and also provides for the payment of nineteen hundred Spanish duros to Rosario Lopez by way of reimbursement for expenses incurred by her in talking care of the testator when he is alleged to have suffered from severe illness. They begot an illegitimate son. became acquainted with Rosario Lopez and had illicit relations with her for many years. No.December 22. the mere fact that some influence is exercised by a person sustaining that relation does not invalidate a will. is not undue influence and does not invalidate a will. to be sufficient to avoid a will.L. Such influence must be actually exerted on the mind of the testator in regard to the execution of the will in question.Wills and Succession 13 Case Digest Pascual COSO. even if illegitimate. ISSUE: Whether or not the influence exercised was of such a character to vitiate the will. There is no doubt that Rosario exercised some influence over the testator. and it must result in the making of testamentary dispositions which the testator would not otherwise have made. or so near thereto as to be still operative. et al. if such disposition is voluntarily made. to have that effect.. the influence exerted must be of a kind that so overpowers and subjugates the mind of the testator as to destroy his free agency and make him express the will of another rather than his own. The rule as to what constitutes undue influence has been variously stated. Fermina Fernandez DEZA. RULING: Mere general or reasonable influence over a testator is not sufficient to invalidate a will. The will was set aside on the ground of undue influence alleged to have been exerted over the mind of the testator by Rosario Lopez. with the object of procuring a will in favor of particular parties. Mere affection. . And while the same amount of influence may become undue when exercise by one occupying an improper and adulterous relation to testator. While it is shown that the testator entertained strong affections for Rosario Lopez. vs. the influence must be undue. either at the time of the execution of the will. if no imposition or fraud be practiced.16763. G. but the substance of the different statements is that. even though it induces the testator to make an unequal and unjust disposition of his property in favor of those who have contributed to his comfort and ministered to his wants.R. The burden is upon the parties challenging the will to show that undue influence existed at the time of its execution. 1921 FACTS: The testator.

To acknowledge before means to avow. particularly as to what properties he was disposing and that the supposed last will and testament was not executed in accordance with law.R. Hon. deceit. due to unfavorable decision. respondents. misrepresentation and undue influence because the said instrument was executed without the testator having been fully informed of the content thereof. However. RULING: Of the three instrumental witnesses. . To allow the notary public to act as third witness. he would have to avow assent. one of them is at the same time the Notary Public before whom the will was supposed to have been acknowledged. Consequently. No. The result would be that only two witnesses appeared before the notary public for or that purpose. In the circumstance. Agapita appealed by certiorari before the Supreme Court. or admit his having signed the will in front of himself. November 26. This cannot be done because he cannot split his personality into two.Wills and Succession 14 Case Digest Agapita N. CRUZ. would have the effect of having only two attesting witnesses to the will which would be in contravention of the provisions of Article 805 requiring at least three credible witnesses to act as such and of Article 806 which requires that the testator and the required number of witnesses must appear before the notary public to acknowledge the will. the law would not be duly observed. VILLASOR and Manuel LUGAY. 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. ISSUE: Whether or not the supposed last will and testament was executed in accordance with law. 1973 FACTS: Agapita Cruz is the surviving spouse of the deceased Valente Cruz. or one of the attesting and acknowledging witnesses. if the third witness were the notary public himself. L-32213. Judge Guillermo P. petitioner vs. G. The Supreme Court is inclined to sustain the last will and testament in question was not executed in accordance with law. Agapita filed before the CFI an opposition for the allowance of the will of his late husband alleging that the will was executed through fraud.

Wills and Succession 15 Case Digest Paula DE LA CERNA. Therefore. Paula de la Cerna questioned for the nullity of the joint will of Bernabe being prohibited in the Philippine law. ISSUES: 1. and the HONORABLE COURT OF APPEALS. whether in favor of the joint testators. Bernabe de la Cerna. 669.. who was then still alive. a will could not be probated during the testator's lifetime. another petition for the probate of the same will insofar as Gervasia was concerned was filed by Manuela but the court dismissed it for failure of Manuela to appear. reexamined and adjudicated de novo.R. Be it remembered that prior to the new Civil Code. December 23. . must be. L-20234. died). Bernabe de la Cerna. or unless she be the only heir intestate of said Gervasia. Upon the death of Gervasia Rebaca. in so far as the estate of the wife was concerned. or in favor of a third party (Art. the undivided interest of Gervasia Rebaca should pass upon her death to her heirs¶ intestate. RULING: The appealed decision correctly held that the final decree of probate. since a joint will is considered a separate will of each testator. the Court of Appeals reversed. their niece. precisely because her estate could not then be in issue. unless some other valid will in her favor is shown to exist.. It could not include the disposition of the share of the wife. The probate decree in 1989 could only affect the share of the deceased husband. executed a joint last will and testament whereby they willed that their two parcels of land acquired during their marriage together with all improvements thereon shall be given to Manuela Rebaca. Hence. 2. petitioners. Whether or not the joint will is valid as to the share of Gervasia who died later than Bernabe. respondents. old Civil Code). et al. for being executed contrary to the prohibition of joint wills in the Civil Code but on appeal by the testamentary heir. The Court of First Instance ordered the petition heard and declared the testament null and void. Gervasia Rebaca. No. and not exclusively to the testamentary heir. Manuela REBACA-POTOT. vs. 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. 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. this appeal. It follows that the validity of the joint will. Whether or not an error of law affects the conclusive effect of its decision. and over whose interest in the conjugal properties the probate court acquired no jurisdiction. A final judgment rendered on a petition for the probate of a will is binding upon the whole world. G. entered in 1939 by the Court of First Instance of Cebu (when the testator. et al. on her death. 1964 FACTS: Spouses Bernabe de la Serna and Gervasia Rebaca. reciprocally. Bernabe died and the will was probated in 1939 after due publication as required by law and there being no opposition.

1971 FACTS: Pelagia de la Cruz died intestate and without issue. Maximo De La CRUZ. Gertrudes. In the collateral line. this appeal. it takes place only in favor of the children of brothers or sisters. who is Pelagia¶s grandniece. Maximo. was estopped from raising in issue the right of the plaintiff to inherit from Pelagia. vs. In every inheritance. he stated that Gertrudes had no cause of action against him because the said agreement was void with respect to her. Much less could plaintiff-appelle inherit in her own right. In the present case. but never in the ascending. plaintiff-appellee. on condition that the latter would undertake the development and subdivision of the estate which was the subject matter of the agreement. one of whom is defendant-appellant. In Maximo¶s answer. Maximo filed a Motion for New Trial but was denied. Article 962. Hence. saving the right of representation when it properly takes place. is an heir of the latter.R. The right of representation takes place in the direct descending line. The lower court held that Maximo.Wills and Succession 16 Case Digest Gertrudes De Los SANTOS. being a party to the extrajudicial partition agreement. a grandniece is excluded by law from the inheritance. in addition to his share. Article 972. Necessarily. . a grandniece of the decedent. G. the relatives ³nearest in degree´ to Pelagia de la Cruz are her nephews and nieces. could not inherit from the latter by right of representation. the relative nearest in degree excludes the more distant ones. defendant-appellant. plaintiff-appellee. RULING: Plaintiff-appellee being a mere grandniece of Pelagia de la Cruz. for the reason that she was not an heir of Pelagia and was included in the agreement by mistake. They agreed to adjudicate three (3) lots to Maximo. She had a niece named Marciana who is the mother of herein defendant. and several coheirs including Maximo. hence. ISSUE: Whether or not. February 22. No. entered into an Extrajudicial Partition Agreement purposely for the distribution of Pelagia¶s estate. he must abide by the terms of the agreement. Gertrudes filed a complaint for specific performance. Due to Maximo¶s failure to comply with his obligation. Gertrudes de los Santos. L-29192. whether they be of the full or half blood.

she gratuitously donated four (4) parcels of land to her niece Toribia Tioco (legitimate sister of plaintiffs). or a brother or sister.Wills and Succession 17 Case Digest Francisca Tioco DE PAPA. Faustino and Trinidad (mother of Dalisay) and leaving the said four (4) parcels of land as the inheritance of the children in equal pro-indiviso shares. its application should be limited to what is strictly needed to accomplish the purpose of the law. who reserved the said property subject to a reserva troncal. The latter died intestate survived by her husband Estacio Dizon and their two (2) legitimate children. L-28032. The reserva troncal merely determines the group of relatives reservatarios to whom the property should be returned. During the lifetime of Romana. Faustino died intestate. since Article 891 does not specify otherwise. but within that group. Dalisay now owns onehalf (1/2) of all the seven (7) parcels of land as her inheritance from Trinidad. September 24. as his sole intestate heir. Not satisfied. Eustacio. Dalisay also claims the other half of the said parcels of land by virtue of reserva troncal imposed thereon upon the death of Faustino but the plaintiffs opposed such claim because they claim three-fourths (3/4) of the one-half pro-indiviso interst in said parcel of land. Dalisay. in equal proportions. as aunt and uncles. plaintiffs-appellees. Subsequently. Dalisay and not long after. father of the plaintiffs and great grandfather of Dalisay. leaving his one-half (1/2) proindiviso share in the seven (7) parcels of land to his father. three (3) parcels of land were adjudicated as the inheritance of Toribia but as she had predeceased her father. and should be determined by. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant. is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. the said three (3) parcesl of land devolved upon her two legitimate children. vs. of . Dalisay Tongko CAMACHO. When Trinidad died intestate. by virtue of their being also third degree relatives of Faustino. the defendant appealed. Whether or not all the relatives of the propositus within the third degree in the appropriate line succeed without distinction to the reservable property upon the death of the reservista. as reservatarios. ISSUES: 1. No. Eustacio died intestate survived also by his only legitimate child. G.R. RULING: Article 891. respectively. They have as a common ancestor the late Balbino Tioco (who had a sister named Romana Tioco). singled and without issue. which was inherited by Eustacio from Faustino. In the partition of his estate. defendants-appellants. the individual right to the property should be decided by the applicable rules of ordinary intestate succession. Whether or not the rights of the plaintiffs are subject to. Reversion of the reservable property being governed by the rules on instestate succession. This conclusion is strengthened by the circumstance that the reserva being an exceptional case.. her rights and interests in the land were inherited by her only child. Dalisay. Faustino and Trinidad in equal proinidiviso shares. Faustino and Trinidad. 2.. Balbino died intestate. the plaintiffs must be held without any right thereto because. the rules on intestate succession. or three-eights (3/8) of the said parcels of land. survived by his legitimate children and bu his wife (among the plaintiffs) and legitimate grandchildren. The lower court declared that the parties are entitled to one-half (1/2) of the seven (7) parcels of land in dispute. et al. 1986 FACTS: The plaintiffs are the grandaunt and granduncles of the defendant. et al.

the defendant. although they are related to him within the same degree as the latter. .´ i. they are excluded from the succession by his niece. There is no reason why a different result should obtain simply because ³the transmission of the property was delayed by the interregnum of the reserva. there is no doubt that the plaintiffs would have been excluded by the defendant under the rules of intestate succession.e.Wills and Succession 18 Case Digest Faustino (the propositus). the property took a ³detour´ through an ascendant thereby govong rise to the reservation before its transmission to the reservatario.. Dalisay Tongko-Camacho is entitled to the entirety of the reversionary property to the exclusion of the plaintiffs. Had the reversionary property passed directly from the propositus.

R. No. who died single and intestate. At the time of Anastacio¶s death. then his illegitimate child shall succeed to his entire estate (Article 988). Where. defendant appellee. L-20946. . without legitimate descendants or ascendants. G. and upon appeal to CA. a parcel of land in his name was adjudicated to Jesus del Prado. plaintiff and appellant. The lower court dismissed the petition. Eugenio then filed a complaint before CFI to annul the deed executed by Aurea adjudicating to her son a parcel of land left by Anastacio alleging that he (Eugenio) was deprived of his rightful share in the estate of his brother. the deceased died intestate. SANTOS. DEL PRADO. vs. the appellate court certified the case to Supreme Court that such involved purely legal questions. to the exclusion of appellant who is only a collateral relative. legal guardian of the minor Jesus Santos del Prado. Anastacio cohabited with Aurea Santos (who was legally married) without the benefit of matrimony and they begot a son named Jesus del Prado whom Anastacio admitted as his son in Jesus¶ birth certificate. Illegitimate children other than natural are entitled to successional rights (Article 287). as in this case. Aurea S.Wills and Succession 19 Case Digest Eugenio C. September 23. the new Civil Code applies (Article 2263). ISSUE: Who has the better right to the parcel of land? Is it the minor left by Anastacio or the latter¶s brother? RULING: Since Anastacio del Prado died in 1958. 1966 FACTS: Eugenio del Prado is a legitimate brother of Anastacio del Prado.

. nephews and nieces. five other children were born to the couple. 155733. and (2) the alleged heirs of Guillermo Rustia. his illegitimate child. with one Amparo Sagarbarria. January 27.R. namely. Jacoba. Hence. however. Who are the lawful heirs of Josefa Delgado? 2. Felisa Delgado was never married to Lucio Campo. The Lawful Heirs of Josefa Delgado It was found out that Felisa Delgado and Ramon Osorio were never married. Whether or not the grandnephews and grandnieces of Josefa Delgado can inherit by right of representation? 3. and Gorgonio. hence. Heirs of Marciana RUSTIA. The Alleged Heirs of Josefa Delgado The deceased Josefa Delgado was the daughter of Felisa Delgado by one Lucio Campo. Luis and his half-blood siblings Nazario. his nephews and nieces. Jose. Before him was Ramon Osorio with whom Felisa had a son. During his life with Josefa. were her natural children. Josefa and her full-blood siblings were all natural children of Felisa Delgado. and the de facto adopted child (ampun-ampunan) of the decedents. Gorgonio and the decedent Josefa. Their cohabitation of more than 50 years cannot be doubted. G. Who are the lawful heirs of Guillermo Rustia? RULING: 1. The claimants of their estates may be divided into two groups: (1) the alleged heirs of Josefa Delgado. and grandnephews and grandnieces. particularly. all surnamed Delgado. Edilberta. were what was known in the local dialect as ampun-ampunan. 2006 FACTS: Guillermo Rustia and Josefa Delgado died without a will. ISSUES: 1. all the children born to Felisa Delgado out of her relations with Ramon Osorio and Lucio Campo. the intervenor-respondent Guillerma Rustia. Edilberta. Several circumstances give rise to the presumption that a valid marriage existed between Guillermo Rustia and Josefa Delgado. The Alleged Heirs of Guillermo Rustia Guillermo Rustia and Josefa Delgado never had any children but they took into their home the youngsters Guillermina Rustia Rustia and Nanie Rustia.Wills and Succession 20 Case Digest In the Matter of the Intestate Estates of the Deceased Josefa Delgado and Guillermo Delgado. consisting of her half. However. respondents. Guillermo Rustia did manage to father an illegitimate child. all surnamed Delgado. his sisters. Heirs of Luis DELGADO. Jacoba. Lucio Campo was not the first and only man in Felisa Delgado¶s life. These children. Aside from Josefa. Jose. namely. never legally adopted by the couple. No. Nazario. petitioners vs.and full-blood siblings. Luis Delgado. The Marriage of Guillermo Rustia and Josefa Delgado Guillermo Rustia proposed marriage to Josefa Delgado but whether a marriage in fact took place is disputed.

or their children who were still alive at the time of her death on September 8. Considering that Marciana Rustia vda. The remaining half shall pertain to (a) the full and half-siblings of Josefa Delgado who survived her and (b) the children of any of Josefa Delgado¶s full. As such. the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other one-half. the lawful heirs of Guillermo Rustia are the remaining claimants. their respective shares shall pertain to their estates. the intestate estate of Guillermo Rustia shall inherit half of the intestate estate of Josefa Delgado. 2. grandnephews and grandnieces of Josefa Delgado. Together with Guillermina Rustia Rustia. (who survived Guillermo Rustia and whose respective shares shall be per stirpes). they were held legal strangers to the deceased spouses and therefore not entitled to inherit from them ab intestato. nieces and nephews. they are entitled to inherit from Josefa Delgado in accordance with Article 1001 of the new Civil Code: Should brothers and sisters or their children survive with the widow or widower. they may inherit from each other. de Damian and Hortencia Rustia Cruz are now deceased. Therefore. Nonetheless. de Damian and Hortencia Rustia Cruz (whose respective shares shall be per capita) and the children of the late Roman Rustia. if there are no descendants.Wills and Succession 21 Case Digest The above-named siblings of Josefa Delgado were related to her by full-blood. the right of representation in the collateral line takes place only in favor of the children of brothers and sisters (nephews and nieces). Together with Guillermo Rustia. the petitioners in this case are already the nephews. . the collateral relatives shall succeed to the entire estate of the deceased. illegitimate children. Consequently. Under Article 972 of the new Civil Code. or surviving spouse. the only collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters. also surviving at the time of her death. The records not being clear on this matter. all of them are entitled to inherit from Josefa Delgado. 1972. nieces. Therefore. Accordingly. She failed to present authentic proof of recognition. consisting of his sisters. The Lawful Heirs of Guillermo Rustia Guillerma Rustia is an illegitimate child of Guillermo Rustia. They have a vested right to participate in the inheritance. Josefa Delgado¶s grandnephews and grandnieces are excluded from her estate. she may be entitled to successional rights only upon proof of an admission or recognition of paternity. ascendants. Therefore. her half-brother. Under Article 1002 of the new Civil Code. The trial court is hereby ordered to determine the identities of the relatives of Josefa Delgado who are entitled to share in her estate. Guillermo Rustia¶s estate (including its one-half share of Josefa Delgado¶s estate) shall be inherited by Marciana Rustia vda.or half-siblings who may have predeceased her. Sr. However. except Luis Delgado. it is now for the trial court to determine who were the surviving brothers and sisters (or their children) of Josefa Delgado at the time of her death. since they were all illegitimate. it cannot be exercised by grandnephews and grandnieces.

in their possession. Subsequently. Hence the hereditary title whereupon is based the application for registration of her ownership. September 13. and to dispose of is to alienate. Pedro died. even though under a condition. RULING: A very definite conclusions of law is that the hereditary title is one without a valuable consideration (gratuitous tile). inherited from him the two parcels of land which he had acquired without a valuable consideration ± that is. The conclusion is that the person required by Article 811 to reserve the right has. After the right required by law to be reserved has been assured. for he who acquires by inheritance gives nothing in return for what he receives. The ascendant who inherits from his descendant property which the latter acquired without a valuable consideration from another descendant. either actually or constructively or formally. because he is the one who possesses or should possess it and have title to it. Article 811. opponent-appellees. first because it is no way. the relatives within the third degree in whose favor of the right is reserved cannot dispose of the property. the legal title and dominion. Marcelina Edroso. Pablo and Basilio Sablan (legitimate brothers of Victoriano) opposed the registration claiming that either the registration be denied or if granted to her. where the lands proceeded. Whether or not the property in question is in the nature of a reservable property. and it is so characterized in Article 968 of the Civil Code. No. petitioner-appellant. although under a condition subsequent. ascendant of Pedro Sablan. the rights to use and usufruct. because they have no title of . and a very definite conclusion of law also is that the uncles are within the third degree of blood relationship. is under obligation to reserve what he has acquired by operation of law for the relatives who are within the third degree and belong to the line where the property proceeded. the legal title and dominion. although a limited and revocable one. Pablo and Basilio SABLAN. reside in him while he lives. Whether or not Marcelina Edroso has the absolute title of the property to cause its registration. and moreover. the right reserved by law to them be recorded in the registration of each parcel. The two uncles of Pedro. 1913 FACTS: Spouses Marcelina Edroso and Victoriano Sablan had a son named. moreover. Hence.Wills and Succession 22 Case Digest Marcelina EDROSO. although under a condition. G. 2. Clearly he has under an express provision of the law the right to dispose of the property reserved. On the other hadn¶t.R. The trial court¶s ruling that they partake of the nature property required by law to be reserved is therefore in accordance with the law. unmarried and without issue. He has the right to recover it. this appeal. by inheritance from another ascendant. Pedro who inherited two parcels of land upon the death of his father. beyond any doubt at all. the two parcels of land passed through inheritance to his mother. ISSUES: 1. vs. 6878. In a word. his father Victoriano. she is obligated to relatives within the third degree and belong to the line of Mariano Sablan and Maria Rita Fernandez (parents of Victoriano). He has. he can do anything that a genuine owner can do. The Court of Land Registration denied the registration holding that the land in question partake of the nature of property required by law to be reserved and that in such a case application could only be presented jointly in the names of the mother and the said two uncles. Having acquire them by operation of law. or form a brother or sister.

on the hypothesis that only when the person who must reserve the right should die before them will they acquire it.Wills and Succession 23 Case Digest ownership or of the fee simple which they can transmit to another. .

G. Cornelio MAMUYAC. It will not be presumed that such will has been destroyed by any other person without the knowledge or authority of the testator. that the same was cancelled or destroyed. The petition was then again denied upon the ground that the will of 1919 had been the cancelled and revoked based on the evidence adduced by the trial court that the 1918 will is a mere carbon of its original which remained in the possession of the deceased. (b) that the same had been cancelled and revoked during the lifetime of the testator. this appeal. The opponents alleged (a) that the said will is a copy of the second will executed by Miguel. opponents.R. The petition was denied upon the ground that Mamuyac had executed a new will on April 1919. Where a will which cannot be found is shown to have been in the possession of the testator. L-26317. After a careful examination of the entire record. An action was filed to secure the probation of the said new will. ISSUE: Whether or not the will in question has been revoked and cancelled.. . in the absence of other competent evidence. vs. RULING: The law does not require any evidence of the revocation or cancellation of a will to be preserved. et al. and (c) that the said will was not the last will and testament of Miguel Mamuyac. the presumption is. 1927 FACTS: Miguel Mamuyac executed a last will and testament on July 1918 and almost 4 years later. who revoked it before a witness. the conclusions of the lower court are in accordance with the weight of evidence. January 29. when last seen. The same presumption arises where it is shown that the testator had ready access to the will and it cannot be found after his death.Wills and Succession 24 Case Digest Estate of Miguel Mamuyac. we are fully persuaded that the will presented for probate had been cancelled by the testator in 1920. Hence. Francisco Gago presented a petition in the CFI for the probation of such will which was opposed by Cornelia Mamuyac et al. No. and before another person who witnessed the actual cancellation by the testator in 1920. In view of the fact that the original will of 1919 could not be found after the death of the testator and in view of the positive proof that the same had been cancelled. petitioner. who typed the 1919 will of the testator. Francisco GAGO.

Wills and Succession 25 Case Digest Pedro D. to ask for the nullification of the final orders and judgments in those two cases. ARCANGEL.. No. grew up under the care of Florentino and had treated Perdo as his foster child. et al. The decree of probate is conclusive as to the due execution or formal validity of the will. H. as was the case. respondents G. The legal heirs of the testator did not appeal from the order of dismissal instead. Adolfo Fortajada. It is evident from the allegations of the complaint that the action is barred by res judicata. . L-29300. the reason being that Pedro. The testator¶s legal heirs did not appeal from the decree of probate and from the order of partition and distribution.R. A petition for the probate of his will was filed in CFI which was opposed by his legal heir. the complaint was dismissed on the ground of res judicata. Ubaldo Y.. petitioners. and should Tecia predecease him. Obviously. Florentiono likewise bequeathed his separate properties to his protégé. Pedro filed for the dismissal of the complaint but the respondent judge set aside his order of dismissal and granted trial. The private respondents did not even bother to ask for the annulment of the testamentary proceeding and the proceeding on partition. 1978 FACTS: Florentino Hitosis. Tecia Dollentas. June 21. vs. RULING: The lower court committed a grave abuse of discretion in reconsidering its order of dismissal and in ignoring the testamentary case. this petition for certiorari. thus confirming the heirs¶ possession of their respective shares. Hon. the testamentary heirs submitted a project of partition which was approved by the court. Leon instituted an action against Pedro for the recovery of the sixty-one parcels of land alleging that the former had been in continuous possession of said land however. GALLANOSA. et al. Subsequently. his one-half share would be assigned to the spouses Pedro Gallanosa and Corazon Grecia. a minor. they filed an action for the annulment of the will of Florentino and for the recovery of the parcels of land. Tecia¶s son by her first marriage. Hence. nor it is timely. 28 years after the probate of the will. The decree of adjudication rendered by the trial court in the testate proceeding for the settlement of the estate of Florentino Hitosis having been rendered in a proceeding in rem. ISSUE: Whether or not the private respondents have a cause of action for the annulment of the will of Florention Hitosis and for the recovery of the parcels of land. his brother Leon Hitosis and his nephews and nieces. The court admitted the will to probate and appointed Gallanosa as executor. is binding upon the whole world. a childless widower executed a will wherein he beaqueathed his one-half share in the conjugal estate to his second wife. they realized that the final adjudications in those cases have the binding force of res judicata and that there is no ground.

These could pester her into amending her will to give them a share. Ildefonso YAP. The difference between holographic wills and ordinary will lies in the nature of the wills. oppositor-appellee.Wills and Succession 26 Case Digest Testate Estate of Felicidad Esguerra Alto-Yap deceased Fausto E. Fausto Gan filed a petition for the probate of a holographic will allegedly executed by the fomer. RULING: The Rules of Court allow proof (and probate) of a lost or destroyed will by secondary evidence ± the testimony of witnesses in lieu of the original document. Further. G. Yet such Rules could not have contemplated holographic wills which could not then be validly made here. vs. . In the first. No. we think the evidence submitted by petitioner is so tainted with improbabilities and inconsistencies that it fails to measure up to that :´clear and distinct´ proof required by the Rules of Court. even if oral testimony were admissible to establish and probate a lost holographic will. ISSUE: Whether or not a holographic will may be probated upon the testimony of witnesses who have allegedly seen it and who declare that it was in the handwriting of the testator. in the second. The loss of the holographic will entails the loss of the only medium of proof. The will itself was not presented. if the ordinary will is lost. her surviving husband Ildefonso Yap asserted that the deceased had not left any will. Gan appealed. 1858 FACTS: After the death of Felicidad Esguerra Alto-Yap. petitioner-appellant. GAN. why did she not entrust it to her beneficiaries? In fine. The evidence of presented by Gan is refused to be credited. the only guarantee of authenticity is the handwriting itself. Opposing the petition. nor executed any testament during her lifetime. Due to the denial of motion for reconsideration.R. the subscribing witnesses are available to authenticate. Gan tried to establish its contents and due execution by the statements of allegedly four (4) witnesses to the execution of the alleged will. After hearing the parties and considering their evidence. if she wanted so much to conceal the will from her husband. August 30. or threaten to reveal its execution to her husband. the court refused to probate the alleged will. In addition to the dubious circumstance described in the appealed decision. L-12190. the testimony of the subscribing or instrumental witnesses (and of the notary). we find it hard to believe that the deceased should show her will precisely to relative who had received nothing from it.

R. Hence. Javier at the express request of the testator in the presence of the testator and each and every one of the witnesses.Wills and Succession 27 Case Digest In the Matter of the Will of Antero Mercado. November 29. No. Javier to write the testator¶s name under his express direction. as required by section 168 of the Code of Civil Procedure. deceased. 1951 FACTS: A will was executed by Antero Mercado wherein it appears that it was signed by Atty. The testator was alleged to have written a cross immediately after his name. Rosario GARCIA. et al. Florentino Javiwe who wrote the name of Antero. The cross cannot and does not have the trustworthiness of a thumbmark. G. After mature reflection. L-4067. respondents. It is not here pretended that the cross appearing on the will is the usual signature of Antero Mercado or even one of the ways by which he signed his name.. this appeal. Juliana LACUESTA. 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 witnesses signed the will in all the pages thereon in the presence of the testator and of each other. RULING: The attestation clause is fatally defective for failing to state that Antero Mercado caused Atty. ISSUE: Whether or not the attestation clause is valid. The Court of First Instance found that the will was valid but the Court of Appeals reversed the lower court¶s decision holding 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. vs. . 2) to certify that after the signing of the name of the testator by Atty. petitioner. the SC is not prepared to liken the mere sign of the cross to a thumbmark and the reason is obvious.

March 28. De Precilla. Consuelo S. and that the witnesses have to act within the range of his (the testator¶s) other senses.Wills and Succession 28 Case Digest Rev. That the aim of the law is to insure that the dispositions of the will are properly communicated to and understood by the handicapped testator. 1969 FACTS: Gliceria Avelino del Rosario died unmarried and leaving no descendants. brother or sister thereafter.R. is to make the provisions of the will known to the testator. Conrado M. G. Art. ascendants. the will shall be read to him twice. If the testator is blind. not only once but twice. the deceased Gliceria del Rosario was like a blind testator and the due execution of her will would have required observance of the provisions of Article 808 of the Civil Code. by the notary public before whom the will is acknowledged. Tamesis an ophthalmologist testified that Gliceria¶s left eye suffered form cataract in 1960 which made her vision mainly for viewing distant object but not for reading prints. 808. respondent. L-26808. niece of the deceased petitioned for probate the alleged last will and testament of Gliceria dated December 1960 and that she be appointed as special administratrix. once. . Garcia. petitioner. VASQUEZ. Dr. is evidenced by the requirement that the will should be read to the latter. Consequently. Hon. The rationale behind the requirement of reading the will to the testator if he is blind or incapable of reading the will himself. No. vs. by two different persons. Jesus V. Gonzales Vda. thus making them truly reflective of his desire. Father Lucio V. ISSUE: Whether or not Article 808 regarding blind testator be followed in the instant case to make Gliceria¶s will valid? RULING: For all intents and purposes of the rules on probate. Various parties opposed the petition contending that the 1960 will was not intended by Gliceria to be her true will and that there was a 1956 will executed by Gliceria were the oppositors were named as legatees. so that he may be able to object if they are not in accordance with his wishes.

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 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 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. 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. 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.Wills and Succession 29 Case Digest Rizalina Gabriel GONZALES. 1979 FACTS: Lutgarda Santiago and Rizalina Gonzales are nieces of the late Isabel Andres Gabriel. The lower court disallowed the probate of said will and as a consequence.R. Rizalina filed a motion for reconsideration but the same was denied. In the case at bar. petitioner has not pointed to any disqualification of any of the said witnesses. vs. Hon. ISSUE: Whether or not the will was executed and attested as required by law. 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. L-37453. Moreover. Hence this present action. 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. In probate proceedings. No. which findings of fact this Tribunal is bound to accept and rely upon. COURT OF APPEALS and Lutgarda SANTIAGO. The petition was opposed by Rizalina assailing that the will is not genuine and was not executed and attested as required by law. respondents. petitioner. G. . There is no dispute that Isabel died as a widow and without issue. May 25. Lutgarda appealed to Court of Appeals reversed the lower court¶s decision and allowed the probate of the will.

in favor of the children of her sons. Filomena Legarda y Roces died intestate and without issue.Wills and Succession 30 Case Digest Beatriz L. and their seven children. vs. Beatriz Legarda Gonzalez. That motion was opposed by the administrator. Benito.. died and was survived by his widow. de Legarda could dispose of the properties in question in her will in favor of her grandchildren to the exclusion of her six children? RULING: The properties in question were indubitably reservable properties in the hands of Mrs. GONZALES. Whether or not Filomena Roces Vda. the son of Benito Legarda y Tuason. a daughter of the testatrix. nephews and nieces and her mother's estate for the purpose of securing a declaration that the said properties are reservable properties which Mrs. Legarda could not bequeath in her holographic will to her grandchildren to the exclusion of her three daughters and her three sons. de Legarda. No. Legarda. Filomena Roces Vda. . Filomena. The lower court dismissed the action of Mrs. 1981 FACTS: Benito Legarda y De la Paz. Legarda. Alejandro and Jose. and the heirs of his deceased son Benito Legarda y De la Paz who were represented by Benito F. Gonzales appealed under Republic Act No. she was a reservor. Legarda executed two hand-written identical documents wherein she disposed of the properties. petitioner. May 19. sisters. COURT OF FIRST INSTANCE OF MANILA. Gonzalez filed an ordinary civil action against her brothers. Legarda. Benito F. Undoubtedly. In the testate proceeding. Mrs. respondents. Legarda executed an affidavit adjudicating extrajudicially to herself the properties which she inherited from her deceased daughter. G. The real properties left by Benito were partitioned in three equal portions by his daughters. Filomena Roces succeeded her deceased daughter Filomena Legarda as co-owner of the properties held proindiviso by her other six children. which she inherited from her daughter. Mrs. 5440 and contends that the lower court erred in not regarding the properties in question as reservable properties under article 891 of the Civil Code. Mrs. Without awaiting the resolution on that motion. Mrs. Her sole heiress was her mother.R. Filomena Legarda. Consuelo and Rita. The reservation became a certainty when at the time of her death the reservees or relatives within the third degree of the prepositus Filomena Legarda were living or they survived Mrs. Legarda. all surnamed Legarda. filed a motion to exclude from the inventory of her mother's estate the properties which she inherited from her deceased daughter. et al. ISSUES: 1. L-34395. on the ground that said properties are reservable properties which should be inherited by Filomena Legarda's three sisters and three brothers and not by the children of Benito. Gonzalez. Alejandro and Jose (sixteen grandchildren in all). She later died and her will was admitted to probate as a holographic will in the Court of First Instance of Manila which was affirmed by the Court of Appeals. Whether or not the properties in question are subject to reserva troncal? 2. Filomena Roces. As a result of the affidavit of adjudication.

. The said properties. Legarda's six children as reservees within the second degree from Filomena Legarda. The reservable property bequeathed by the reservor to her daughter does not form part of the reservor's estate nor of the daughter's estate but should be given to all the seven reservees or nearest relatives of the prepositus within the third degree. by operation of article 891. Legarda could not convey in her holographic will to her sixteen grandchildren the reservable properties which she had inherited from her daughter Filomena because the reservable properties did not form part of her estate. should go to Mrs.Wills and Succession 31 Case Digest Mrs. The reservor cannot make a disposition mortis causa of the reservable properties as long as the reservees survived the reservor. It should be repeated that the reservees do not inherit from the reservor but from the prepositus. of whom the reservees are the heirs mortis causa subject to the condition that they must survive the reservor.

a probate court can only pass upon questions of title provisionally. Alejandra and Angeles. Consequently. the question of ownership is an extraneous matter which the probate court cannot resolve with finality. 1990 FACTS: Leonardo (Lino) Jimenez married Consolacion Ungson with whom he begot four (4) children. When Consolacion died. The latter went to CA on a petition for certiorari and prohibition seeking the annulment of the orders of the probate court. . 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. After Lino and Genoveva¶s death. namely: Alberto. Leonardo Jimenez. Leonardo. The probate court ordered the exclusion of the five (5) parcels of land and denied the motion for reconsideration filed by Virginia. which result in inclusion or exclusion from the inventory of the property. Hence. vs. Whether or not in a settlement procceding (testate or intestate) the lower court has jurisdiction to settle questions of ownership. Virginia filed a petition before CFI praying to be appointed as administratix of the properties of the deceased spouses Lino and Genoveva upon which Leonardo Jimenez. Lino contracted a second marriage with Genoveva Caolboy with whom he begot the seven petitioners herein: Tomas. petitioners. Modesto and Virginial. et al. can only be settled in a separate action. Pangasinan. Moreover. Amadeo. et al. of which the CA dismissed. Sr. Jr.. Jr.Wills and Succession 32 Case Digest Tomas JIMENEZ. INTERMEDIATE APPELLATE COURT. Visitacion. Subsequently. No. the petition of Virginia wherein she included the said five (5) parcels of land in the inventory of the estate of spouses Lino and Genoveva. During such marriage. It has been held that in a special proceeding for the probate of a will. Res judicata does not exist because of the difference in the causes of actions. the petitioners filed an amended complained before the RTC to recover possession/ownership of the five (5) parcels of land as part of the estate of Lino and Genoveva. Digno. all surnamed Jimenez. ISSUES: 1. the same was merely limited jurisdiction. Lino acquired five (5) parcels of land in Salomague. respondents. this petition for review on certiorari. Thereafter. the trial court dismissed the complaint on the ground of res judicata. A motion for reconsideration was denied as well as the petition for certiorari and mandamus filed before the appellate court. Antonio. G. Bugallon. However. Hon. moved for the exclusion of these properties from the inventory contending that such parcels of land were already adjudicated to his father and to his uncle and aunts. Private respondents moved for the dismissal of the complaint on the grounds that the action was barred by prior judgments and by prescription and laches. while the CFI had jurisdiction. Whether or not the petitioners¶ present action for the recovery of possession and ownership of the five (5) parcels of land is barred by res judicata RULING: Petitioners¶ present action for recovery of possession and ownership is appropriately filed because as a general rule. April 17.. 75773. 2.. This pronouncement no doubt applies with equal force to intestate proceedings as in the case at bar.R. Any pronouncement by said court as to title is not conclusive and could still be attacked in a separate proceeding. filed a motion for exclusion of his father¶s name and those of his uncle and aunts contending that they have already received their inheritance consisting of five (f) parcels of land. The patent reason is the probate court¶s limited jurisdiction and the principle that questions of title or ownership.

Res judicata has been shown to be unavailable and the other grounds of prescription and laches pleaded by private respondents are seriously disputed.Wills and Succession 33 Case Digest Indeed. . the grounds relied upon by private respondents in their motion to dismiss do not appear to be indubitable.

Ordinarily.R. September 28. Originally. when as in this case. Further. without the proper authentication. which was altered by substituting the original heir with another. Kalaw. or cancellations. her real intention cannot be determined with certitude. the holographic Will in dispute had only one substantial provision. However. corrections. with the erasures. But that change of mind can neither be given effect because she failed to authenticate it in the manner required by law by affixing her full signature. 1968. 1984. in case of alterations. or cancellation. No. cancellations and alterations made by the testatrix herein. Because of this. and interlineations made by the testator in a holographic Will have not been noted under his signature. . The Bureau¶s findings confirmed that the original writings and those of the alterations were written by the same person. when a number of erasures. Judge Benjamin Relova denied the probate on the will. but which alteration did not carry the requisite of full authentication by the full signature of the testator. However. the parties decided to submit the holographic will for an examination by the National Bureau of Investigation. 814 which states that ³In case of any insertion. RULING: No. be submitted for probate as to the original content prior to such alteration. Natividad eventually changed the name on the will by crossing out Rosa¶s name and replacing it with Gregorio K. corrections. Kalaw as sole heir instead. As it is. petitioner. To state that the Will as first written should be given efficacy is to disregard the seeming change of mind of the testatrix. respondents. L-40207. Kalaw. but at most only as respects the particular words erased. 814 of the Civil Code. corrected or interlined. G. Rosa now sought for the probate on the will as to its original unaltered text. FACTS: Natividad K. as the sole heir. KALAW. this cannot be done. cancellation. Kalaw made a holographic will executed on December 24. erasure or alteration in a holographic will the testator must authenticate the same by his full signature´. Rosa argued that the probate should be denied since the alteration on the will is invalid for failing to comply with Art. Rosa asserted that the will should be probated on its original content before the alteration was made. Natividad failed to properly authenticate such alteration with her full signature. Judge Benjamin RELOVA and Gregorio K. the effect must be that the entire Will is voided or revoked for the simple reason that nothing remains in the Will after that which could remain valid. ISSUE: May the will. the Will is not thereby invalidated as a whole. the will named Rosa K. sister of Natividad. Hon. correction.Wills and Succession 34 Case Digest Rosa K. vs. Gregorio contends that the mere fact that Rosa agreed to submit the will for examination estoppes her from questioning the validity of the alteration and invoking Art.

pursuant to which a sister. Jacoba Marbebe. under this principle. Agatona Vda. (Emphasis supplied.R. Thus. in the absence of other sisters or brothers. from an ascendant." According to them. Agatona Vda. the properties in dispute should pass to the heirs of the deceased within the third degree. regardless of whether or not the latter belong to the line from which the property of the deceased came. executed a power of attorney authorizing the sister of his mother or his aunt. however. According to them. de Corcino take care of the disputed land. excludes all other collateral relatives. Juan died intestate and without any issue. before his marriage with Bonifacia Lacerna. for the lands in dispute were inherited by a descendant. No. intervenor-appellee. Juan. and this is not the scenario in the given case. his mother. who belong to the line from which said properties came. brothers and sisters exclude all other collateral relatives in the order of intestate succession. the ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant. under the conditions therein set forth. et al. not applicable in this case. is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. ISSUE: Who has the better right to succeed Juan? RULING: The provision on reserve troncal cannot be applied in this case. as Juan Marbebe's half-sister. accordingly. correctly awarded the land to Jacoba Marbebe. Agatona Paurillo VDA. they should go to his nearest relative within the third degree on the maternal line or to his aunt and cousins and not to Jacoba Marbebe for she belongs to the paternal line. Furthermore. Jacoba MARBEBE. even if only a halfsister. L-14603. defendant-appellee. 1961 FACTS: Valentine Marbebe begot a daughter. the case should be based upon Article 891 of the Civil Code of the Philippines which establishes what is known as "reserva troncal. therefore. since Juan Marbebe inherited the land from his mother. Eventually. particularly Articles 1003 to 1009 of the Civil Code of the Philippines. then. or of children of brothers or sisters. by an ascendant from a descendant. G.. Juan. vs. This. Bonifacia Lacerna. a better right than plaintiffs herein to inherit his properties. The Court of First Instance declared that the land is property of Jacoba being the half sister of Juan. or a brother or sister. April 29. Said legal provision is. She contends that pursuant to Articles 1003 to 1009 of the Civil Code of the Philippines. The said decision is in accordance with the order prescribed for intestate succession. . In reserve troncal. plaintiffs-appellants. Jacoba Marbebe has the better right to succeed Juan. Valentine and Bonificia had an only son. Juan Marbebe.Wills and Succession 35 Case Digest RIcardo LARCERNA. de Corcino and the nephews and nieces of Bonifacia questioned the decision of the court. DE CORCINO. Based on the foregoing. Valentine and Bonifacia died leaving three parcels of land to their only son Juan. was protested by Jacoba Marbebe. she has. the Trial Judge. and that.) This article applies only to properties inherited.

(4) that. . Again. was not numbered in letters or Arabic numbers as what should have been required by law. Both ways are good. It was also argued that the testator should have signed the will with his signature and not only with his thumb print if he indeed had the capacity to execute the will. and the herein proponent. Lopez. It was a matter of taste or preference. and it was procured by duress. if he did ever execute said will.R. G. Liboro pointed out that the first page of the will. there is nothing curious or suspicious in the fact that the testator chose the use of mark as the means of authenticating his will. Jose S. The probate was opposed by Agustin Liboro who contended that the will is not valid due to the following grounds: (1) that the deceased never executed the alleged will. and a recital that the testator was in full use of his testamentary faculty. Furthermore. The testator affixed his thumbmark to the instrument instead of signing his name. L-1787 FACTS: The will of Don Sixto Lopez was submitted for probate by Jose Lopez and Clemencia Lopez. In the present case. the other sheet can not by any possibility be taken for other than page one. vs. if that be necessary. principally the testator's sister." the invocation of the Almighty. the attestation clause. it was in Spanish. which starts at the bottom of the preceding page. as appellant contends should have been done.Wills and Succession 36 Case Digest Testacy of Sixto Lopez. precede the direction for the disposition of the marker's property. which was contained in two pages in all. No. By their meaning and coherence. in this case. the Don¶s sister. oppositor-appellant. (3) that at the time of the execution of the will. The purpose of the law in prescribing the paging of wills is guard against fraud. A statute requiring a will to be "signed" is satisfied if the signature is made by the testator's mark. it was not executed and attested as required by law. Jose S. the first and second lines on the second page are undeniably a continuation of the last sentence of the testament. LOPEZ. the omission to put a page number on the first sheet. before the attestation clause. Furthermore. influence of fear and threats and undue and improper pressure and influence on the part of the beneficiaries instituted therein. and to afford means of preventing the substitution or of defecting the loss of any of its pages. ² all of which." While another in testator's place might have directed someone else to sign for him. 2) that his signature appearing in said will was a forgery. the will did not expressly state that the language used is a language which the Don understood. Clemencia Lopez. the unnumbered page contains the caption "TESTAMENTO. RULING: There has been substantial compliance even in the presence of the averred irregularities. and one of the alleged instrumental witnesses was incapacitated to act as such. in the logical order of sequence. and (5) that the signature of the testator was procured by fraud or trick. is supplied by other forms of identification more trustworthy than the conventional numerical words or characters. as page two contains only the two lines above mentioned. Agustin LIBORO. the mark of the testator and the signatures of the witnesses. The reason for this was that the testator was suffering from "partial paralysis. petitioner-appellee. 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. ISSUE: Whether or not there was substantial compliance to qualify the will for probate. he was wanting in testamentary as well as mental capacity due to advanced age.

It is a matter that may be established by proof aliunde.Wills and Succession 37 Case Digest As for the question on the language of the will. there is no statutory requirement that such knowledge be expressly stated in the will itself. The will may therefore be submitted for probate. .

Aldina MALOTO CASIANO. or 2. G. or obliterated by some other person. When presented before the court. Sulpicio Palma. or by some other person in his presence. if its contents. and due execution. COURT OF APPEALS. 76464. the four (4) heirs commenced an intestate proceeding for the settlement of their aunt¶s estate which was instituted in the then CFI. However. and the fact of its unauthorized destruction. The will likewise gives devises and legacies to other parties. The intention to . Panfilo and Felino) in this case who are her niece and nephews. without the express direction of the testator. among them being the petitioners. and by his express direction. while animus revocandi or the intention to revoke. for that is a state of mind. RULING: Article 830. cancelled. Believing that the deceased did not leave behind a last will and testament. By burning.Wills and Succession 38 Case Digest Testate Estate of the Late Adriana Maloto. the heirs executed an agreement of extrajudicial settlement of Adriana¶s estate which provides for the division of the estate into four equal parts among themselves. codicil. 1988 FACTS: Adriana Maloto died leaving as heirs the parties (Aldina. discovered a document entitled ³KATAPUSAN NGA PAGBUBULAT-AN (Testamento) and purporting to be the last will and testament of Adriana. and the estate distributed in accordance therewith. Upon denial of the trial court. torn. The appellate court found out that the will was burned by the househelper of Adriana and was at the possession of the lawyer in because Adriana was seeking the services of the lawyer in order to have a new will drawn up. No will shall be revoked except in the following cases: 1. By implication of law. By some will. or obliteration are established according to the Rules of Court. cancellation. may be conceded. the petitioners came before the Supreme Court by way or petition for certiorari and mandamus which were dismissed because they were not the proper remedies. or other writing executed as provided in case of wills. tearing. Thus. In this case. Constantcio. Atty. No. Aldino and Constancio joined by other devisees and legatees filed a motion for reconsideration and annulment of the proceedings therein and for the allowance of the will. cancelling. petitioners. Animus revocandi is only one of the necessary elements for the effective revocation of a last will and testament. Panfilo and Felino are still named as heirs in the said will..R. et al. three years later. Panfilo MALOTO and Felino MALOTO. the will may still be established. If burned. a former associate of Adriana¶s counsel. by the testator himself. ISSUE: Whether or not the will of Adriana Maloto had been efficiently revoked. while the case was still in progress. February 29. Aldina and Constancio are bequeathed much bigger and more valuable shares in the estate that what they have received by virtue of the agreement of extrajudicial settlement. However. yet that requisite alone would not suffice. or 3. vs. respondents. said agreement was approved. or obliterating the will with the intention of revoking it.

the burning was not proven to have been done under the express direction of Adriana and was not done in her presence. For another. the document or papers burned by Adriana¶s maid was not satisfactorily established to be a will at all. For one. There is paucity of evidence to show compliance with these requirements. much less the will of Adriana Maloto. tearing. obliterating. .Wills and Succession 39 Case Digest revoke must be accompanied by the overt physical act of burning. or cancelling the will carried out by the testator or by another person in his presence and under his express direction.

RULING: The will may be admitted for probate.Wills and Succession 40 Case Digest Beatriz NERA. without changing their relative positions or existing conditions. had they chosen to do so.. This. February 27.R. The question whether the testator and the subscribing witnesses to an alleged will sign the instrument in the presence of each other does not depend upon proof of the fact that their eyes were actually cast upon the paper at the moment of its subscription by each of them. G. 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. plaintiffs-appellees. considering their mental and physical condition and position with relation to each other at the moment of inscription of each signature. ISSUE: How may the requirement of the law for all witnesses to subscribe to the will ³in the presence´ of each other apply to this case. Narcisa RIMANDO. across which was hung a curtain which made it impossible for one in the outside room to see the testator and the other subscribing witnesses in the act of attaching their signatures to the instrument. but whether they might have been seen each other sign. defendant-appellant. The true test of presence of the testator and the witnesses in the execution of a will is not whether they actually saw each other sign. some eight or ten feet away. 1911 FACTS: Rimando opposes the admission for probate of a certain will on the ground that one of the subscribing witnesses therein was present in the small room where it was executed at the time when the testator and the other subscribing witnesses attached their signatures. in a large room connecting with the smaller room by a doorway. vs. et al. of course. but that at that moment existing conditions and their position with relation to each other were such that by merely casting the eyes in the proper direction they could have seen each other sign. L-5971. must be such that they may see each other sign if they choose to do so. That time he was outside. At the moment when a witness signs the document he was actually and physically present and in such position with relation to the other witnesses that he could see everything that took place by merely casting his eyes in the proper direction and without any physical obstruction to prevent his doing so. No. But it is especially to be noted that the position of the parties with relation to each other at the moment of the subscription of each signature. .

The CFI of Rizal decided in favor of the parents and declared that there was indeed preterition of compulsory heirs. Q. filed in the Court of First Instance of Rizal a holographic will allegedly executed by Rosario Nuguid on November 17. Felix NUGUID and Paz Salonga NUGUID. testator in the holographic will. Petitioner insists that the compulsory heirs were simply ineffectively disinherited and that they are entitled to receive their legitimes. all surnamed Nuguid. The will stated as follows: Nov. Article 854 of the Civil Code states that ³(T)he preterition or omission of one. legitimate or illegitimate. G. whether living at the time of the execution of the will or born after the death of the testator.) Illegible T/ ROSARIO NUGUID Remedios prayed that said will be admitted to probate and that letters of administration with the will annexed be issued to her. Lourdes and Alberto.R. On May 18. vs. No. In witness whereof. Federico. 1951 I. be considered to still be valid with respect to the free portion of the will? RULING: No. They . But she left forced heirs in the direct ascending line her parents.C. namely: Alfredo. L-23445. or all of the compulsory heirs in the direct line. when preterition has been declared. died single and without descendants. Surviving her were her legitimate parents. some 11 years before her death. Remedios." although the inheritance of the heir so instituted is reduced to the extent of said legitimes.Wills and Succession 41 Case Digest Remedios NUGUID. This was opposed by the parents of Rosario. (Sgd. petitioner and appellant. some. Felix Nuguid and Paz Salonga Nuguid. and bequeath all of the property which I may have when I die to my beloved sister Remedios Nuguid. shall annul the institution of heir. I have signed my name this seventh day of November. but the devises and legacies shall be valid insofar as they are not inofficious. 17. residing with me at 38-B Iriga. age 34. legitimate or illegitimate. 1966 FACTS: Rosario Nuguid.´ The deceased Rosario Nuguid left no descendants. preterition has an effect of completely nullifying the will. The will completely omits both of them. Conrado. The parents opposed on the ground of preterition. 1963. Remedios Nuguid. June 23. being of sound and disposing mind and memory. oppositors and appellees. devise. sister of Rosario. do hereby give. ROSARIO NUGUID. nineteen hundred and fifty-one. 1951. but that the institution of heir "is not invalidated. and six brothers and sisters. ISSUE: May a part of the will. Felix and Paz. having amassed a certain amount of property.

Such was not present. This is a clear case of preterition. Perforce. the disinheritance should be clearly and expressly stated in the will. Also. The law requires that the institution of devisees and legatees must be expressly stated in the will. It cannot be gleaned in the will that any specific legacies or bequests are therein provided for. for disinheritance to be proper. Absent that. no inference of disinheritance may be had. neither were they expressly disinherited. Remedios¶ claim that the will should only be nullified as to the part of the legitime and that she should thus be considered a devisee or legatee is without merit. Rosario Nuguid died intestate. tacitly. the omission of the parents in the will cannot be interpreted as a form of disinheritance as the law also requires that. It is in this posture that the Supreme Court held that the nullity is complete. .Wills and Succession 42 Case Digest thus received nothing by the testament. they were deprived of their legitime.

who was mentioned in Clause 24 of the decedent¶s will. petitioners. represented by Fe D. moved to dissolve the trust on the decedent¶s estate. to be deducted from the fund deposits in the bank mentioned in Clauses 2 and 3. Clause 10 enumerated the properties to be placed in trust for perpetual administration (pangasiwaan sa habang panahon). which regards as void any disposition of the testator declaring all or part of the estate inalienable for more than 20 years. Sr. Whether or not the named trustees may be considered as heirs to the estate. be deposited in a fund with a bank. consequently. ORENDAIN. The will merely directs that the income of said two parcels be utilized for the establishment. Jr. after the necessary deductions for expenses. the following pertinent items in the will paint the desire of the decedent: 1. leaving a last will and testament. in violation of Articles 867 and 870 of the Civil Code. was completely free to dispose of her properties. 2.R. 168660. and Enrico ORENDAIN. as provided in her will. the decedent left no compulsory or forced heirs and. 2. respondent. Governor of Quezon Province where the trust holding the two estate of one Luis Palad was allowed to exist even after the lapse of twenty years. 2009 FACTS: On July 19. died in Manila. heirs of Hilarion Orendain. . 4. The will was admitted to probate. et al. the estate may be disposed of under Article 870 of the New Civil Code. v. Jr. and 5. vs. Almost four decades later. including the estate tax. ISSUE: 1. which they argued had been in existence for more than twenty years. Clause 3 instructed that the remaining income from specified properties. Clauses 11 and 12 directed how the income from the properties ought to be divided among. herein petitioners Hilarion. without regard to legitimes. Clause 2 instructed the creation of trust. 1960. At the time of her death.Wills and Succession 43 Case Digest Hilarion. G. June 30. The Palad Case is not violative of such provision of the law by the trust constituted by Luis Palad because the will of the testator does not interdict the alienation of the parcels devised. Thus. RULING: The general rule remains that upon the expiration of the twenty-year allowable period. the decedent. and distributed to the different beneficiaries. 3. Trusteeship of the Estate of Doña Margarita RODRIGUEZ. Some of Doña Margarita Rodriguez¶s testamentary dispositions contemplated the creation of a trust to manage the properties and the income from her properties for distribution to beneficiaries specified in the will. Clause 24 instructed the administrators to provide medical support to certain beneficiaries. and Enrico Orendain. Doña Margarita Rodriguez. No. The trustees argued that the trust instituted may be perpetual citing the case of Palad. Whether or not a trust may be perpetual. maintenance and operation of the high school.

the probate court must admit the case to determine the properties to be subject to intestate succession as well as the nearest relative of the deceased that may inherit the said properties under the perpetual trust. unlike in the Palad case. Nowhere in the will can it be ascertained that the decedent intended any of the trust¶s designated beneficiaries to inherit these properties.Wills and Succession 44 Case Digest Said Article 870 was designed to give more impetus to the socialization of the ownership of property and to prevent the perpetuation of large holdings which give rise to agrarian troubles. Apparent from the decedent¶s last will and testament is the creation of a trust on a specific set of properties and the income accruing therefrom. there is a different situation as the testatrix specifically prohibited the alienation or mortgage of her properties which were definitely more than the two (2) properties. And the income derived therefrom is being devoted to a public and social purpose ± the education of the youth of the land. which have not been shown to be a large landholding. however. Therefore. . In the present case. The trust involved in the Palad case covers only two lots. The herein testatrix¶s large landholdings cannot be subjected indefinitely to a trust because the ownership thereof would then effectively remain with her even in the afterlife. The use of said parcels therefore is in a sense socialized.

May 31. He said nothing about having married Maria. and property respectively. No.Wills and Succession 45 Case Digest OZAETA vs. Said declaration in the will may not be taken lightly. respectively. The marriage of Rosa to Carlos had been duly established by testimonial and documentary evidence. One of the pieces of evidence presented was the will executed by Carlos Palanca wherein he declared that he married Rosa Gonzales in which marriage they had eight children. 1956 FACTS: Maria Cuartero and Rosa Gonzales both claimed that they were married to Carlos Palanca Taguinlay in 1929 and 1945. . as a statement of little significance. 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 Felisa Joson de Fernandez and the Philippine National Bank as guardians of their persons. On the other hand. he had liberally fed and supported. CUARTERO G. 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.R. according to him. which children according to him were legitimated by reason of their subsequent marriage. 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. on the contrary. 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. When he made said statement he was about 76 years old and must have felt that he had not many years left to live. in the same will he spoke of his marriage to Rosa Gonzales and the eight children he had by her. L-5597.

No. ³co-owners pro indiviso in equal shares of the parcels of land´ subject matter of the suit. . RULING: The appealed order was reversed and set aside. without distinction. The reservatarios who are nephews of the full blood are declared entitled to a share twice as large as that of the nephews of the half-blood.R. L-11960. the Court of First Instance of Laguna in Special Proceedings declared all the reservees. December 27. 1958 FACTS: In an order. BALDOVINO G. Records are remanded to the court below for further proceedings.Wills and Succession 46 Case Digest PADURA vs.

For two years after remand of the case to the probate court. (Pastor Jr. the issue by and large is restricted to the extrinsic validity of the will. However. REYES. ATLAS was directed to remit directly to Quemada the 42% royalties due to decedent¶s estate. not conclusive. and his wife filed with the CA a petition for certiorari and prohibition with a prayer for writ of preliminary injunction assailing the writ of execution and garnishment issued by the probate court. Quemada instituted against Pastor Jr. the probate court issued Order of Execution and Garnishment. respondents. and Lewellyn QUEMADA.Wills and Succession 47 Case Digest Spouses Alvaro PASTOR. Quemada filed a petition for the probate and allowance of an alleged holographic will of Pastor Sr. the probate court ordered suspension of payment of all royalties due Pastor Jr. FACTS: Spouses Alvaro Pastor. However. The Order sought to be executed by the assailed Order of execution is the Probate Order allegedly resolved the question of ownership of the disputed mining properties. the 33% share of Pastor Jr. resolving the question of ownership of the royalties payable by ATLAS and ruling in effect that the legacy to Quemada was not inofficious. and Sofia Bossio were survived by their two legitimate children Alvaro Pastor. the question of ownership is an extraneous matter which the Probate Court cannot resolve with finality. Hon. Lewellyn Quemada. and an illegitimate child. RULING: In a special proceeding for the probate of a will. petitioners.) and Sofia Pastor (Sofia). Jr. The probate court issued an order allowing the will to probate. no hearing was held. Being ³immediately executory´. and/or his assignees was ordered garnished to answer for the accumulated legacy of Quemada. Sr. . vs. The oppositors sought reconsideration thereof but in the meantime. but such determination is provisional. said petition was denied as well as their motion for reconsideration. and his wife an action for reconveyance of alleged properties of estate which included the properties subject of the legacy which were in the names of spouses Pastor Sr.R. Elena. Thereafter. for the purpose of determining whether a certain property should or should not be included in the inventory of estate properties. the probate court appointed Quemada as special administrator of the entire estate of Pastor Sr. the SC dismissed the petition and remanded the same to the probate court after denying reconsideration. and Sofia on the ground of pendency of the reconveyance suit. this petition for review by certiorari with prayer for a writ of preliminary injunction. June 24. Jr.. the probate court set the hearing on the intrinsic validity of the will but upon objection of Pastor Jr. whether or not covered or affected by the holographic will. the probate court required the parties to submit their respective position papers. L-56340. ISSUE: Whether or not the Probate Order resolved with finality the questions of ownership and intrinsic validity. and Ma. Instead. and Ma. 1983. Hence. Consequently. Quemada succeeded in obtaining a Writ of Execution and Garnishment. While the reconveyance suit was still pending in another court. Not long after. Pending motion. Pursuant to said order. of which Quemada was authorized to retain 75% for himself as legatee. and is subject to the final decision in a separate action to resolve title. all pleadings of both parties remained unacted upon. with the CFI which contained only one testamentary disposition: a legacy in favor of Quemada consisting of 30% of Pastor Sr. As a rule. who claimed to be the owners in their own rights. Thus. Pastor Jr. Elena Achaval de PASTOR. No. the Probate Court may pass upon the title thereto.¶s 42% share in the operation by ATLAS. The COURT OF APPEALS. The order was affirmed by CA and on petition for review. Juan Y. Further. and not by inheritance. and/or his assignees until after resolution of oppositor¶s motion for reconsideration. G.

it is manifested therein that ownership was not resolved. premised on this conclusion. It was. On the contrary. considering that the issue of ownership was the very subject of controversy in the reconveyance suit that was still pending. error for the assailed implementing Orders to conclude that the Probate Order adjudged with finality the question of ownership of the mining properties and royalties. and that. For it confined itself to the question of extrinsic validity of the will. The Probate Court did not resolve the question of ownership of the properties listed in the estate inventory. . Thus it allowed and approved the holographic will ³with respect to its extrinsic validity.Wills and Succession 48 Case Digest nowhere in the dispositive portion is there a declaration of ownership of specific properties. the dispositive portion of the said Probate Order directed special administrator to pay the legacy in dispute.´ 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 personal properties. therefore. and the need for and propriety of appointing a special administrator. the same having been duly authenticated pursuant to the requisites or solemnities prescribed by law.

De Jesus and Bibiana Roxa de Jesus. the lower court issued an order allowing the probate which was found to have been duly executed in accordance with law. the ³date´ in a holographic will should include the day. Jr. and need not be witnessed. As a general rule. month and year of its execution. L-38338. However. he delivered to the lower court a document purporting to be the holographic will of Bibiana which was then set for a hearing. when as in the case at bar. A person may execute a holographic will which must be entirely written. month and year of its execution and that this should be strictly complied with. bad faith. No. Simeon was then appointed administrator of the estate and consequently. brother of Bibiana. there is no appearance of fraud. A motion for reconsideration was then filed by Luz assailing that the alleged holographic will was not dated as required by Article 810 of the Civil Code and contending that the law requires that the Will should contain the day. January 28. and may be made in or out of the Philippines. and year. undue influence and pressure and the authenticity of the Will is established and the only issue is whether or not the date ³FEB/61´ appearing on the holographic will is a valid compliance with Article 810 of the Civil Code. and signed by the hand of the testator himself.R. ROXAS and Pedro ROXAS de Jesus. day. However. probate of the holographic Will should be allowed under the principle of substantial compliance. petitioners vs. one of the compulsory heirs filed an opposition to probate assailing the purported holographic Will of Bibiana was not executed in accordance with law. The court then reconsidered its earlier order and disallowed the probate of the holographic will on the ground that the word ³dated´ has generally been held to include the month. de JESUS. ISSUE: Whether or not the date (FEB/61) appearing on the holographic will of the deceased Bibian Roxas de Jesus is a valid compliance with the Article 810 of the Civil Code. RULING: ART. Simeon R. dated.Wills and Succession 49 Case Digest In the Matter of the Intestate Estate of Andres G. Andres R. G. Luz Henson. . It is subject to no other form. 1985 FACTS: After the death of spouses Andres and Bibiana de Jesus. a special proceeding was instituted by Simeon. 810.

this appeal. The court appointed commissioners to draft a project of partition and distribution of all properties of Pedro. the court held that Perfecta is entitled to ½ share and the remaining ½ share for Claro after deducting the share of the widow as co-owner of the conjugal properties. petitioner-appellant. she was entitled under Art. Benito MIRANDA and Rosario CORRALES. Our conclusion (equal shares) seems a logical inference from the circumstance that whereas Article 834 of the Spanish Civil Code form which Art. No. After due notice and hearing. contained two paragraphs governing two contingencies. 996 omitted to provide for the second situation. and the second. 996 was taken.Wills and Succession 50 Case Digest In the Matter of the Instestate Estate of Pedro Santillon. the only article applicable is Art. G. Art. 892 of the New Civil Code insisting that after deducting ½ from the conjugal properties (conjugal share of Perfecta). Hence. oppositors-appellees. 996. On the other hand. thereby indicating the legislator¶s desire to promulgate just one general rule applicable to both situations. Perfecta MIRANDA. the first. Perfecta claimed besides her conjugal half. RULING: Intestate proceedings in the New Civil Code¶s chapter on legal or intestate succession. 996 of the NCC to another ½ of the remaining half. where the widow or widower survives with legitimate children (general rule). 1965 FACTS: Pedro Santillon died without testament leaving his wife. Claro filed a petition for letters of administration which was opposed by his mother and spouses Benito Miranda and Rosario Corrales. Perfecta Miranda and one son. Claro SANTILLON. Claro then filed a motion to declare share of heirs and to resolve conflicting claims of the parties invoking Art. Claro. ISSUE: The manner of division of share of the estate of an intestate decedent when the only survivors are the spouse and one legitimate child. vs.R. the remaining ½ must be divided as follows: ¼ for her and ¾ for him. where the widow or widower survives with only one child (exception). . L-19281. Four years after Pedro¶s death. June 30.

REYES. unmistakably showed Segundo¶s intention of excluding his eldest son. is an act of disposition in itself. G. the disinheritance results in the disposition of the property of the testator Segundo in favor of those who would succeed in the absence of Alfredo. the disinheritance of Alfredo. although it may initially come across as a mere disinheritance instrument. The two petitions were then consolidated. must be entirely written. a petition for the probate of the holographic will of Segundo was filed by the petitioner and reiterating that the probate proceedings should take precedence over the petition filed by the private respondents because testate proceedings take precedence and enjoy priority over the intestate proceedings. as provided under Article 819 of the Civil Code. and need to be witnessed. can be considered a form of maltreatment of Segundo by his son. Secundo¶s document. and may be made in or out of the Philippines. dated. vs. RULING: A holographic will. et al. Article 916 of the Civil Code requires that the same must be effected through a will wherein the legal cause therefore shall be specified. ISSUES: 1. For disinheritance to be valid. In view of the foregoing. Due to petitioner¶s denial of motion for reconsideration. Alfredo. the trial court. An intent to dispose mortis causa can be clearly deduced from the terms of the instrument. the Court believes that the incidents. Barbara D. conforms to the formalities of a holographic will prescribed by law. Nos. and 4) Segundo left a holographic will disinheriting one of the private respondents. taken as a whole. Alfredo was disinherited by Segundo. It is written. petitioners. SEANGIO and Virginia D.R. Whether or not the holographic will is valid. it is settled that testate proceedings for the settlement of the estate of the decedent to take precedence over intestate proceedings for the same purpose. Such that. Thereafter. therefore. Barbara and Virginia opposed the petition contending that: 1) Dy Yieng is still very healthy. and while it does not make an affirmative disposition of the latter¶s property. However. 2. Amor A. RTC then issued an order dismissing the petition for probate proceedings. Alfredo SEANGIO. Kasulatan ng Pag-Alis ng Mana. 140371-72.Wills and Succession 51 Case Digest Dy Yieng SEANGIO. of which petitioners filed their opposition to the motion to dismiss. whether or not the disinheritance is valid. In other words. 2) Segundo executed a general power of attorney in favor of Virginia giving her the power to manage and exercise control and supervision over his business in the Philippines.. It is subject to no other form. 3) Virginia is the most competent and qualified to serve as the administrator of the estate. The document entitled. Seangio-Santos as special administrator and guardian ad litem of Dy Yieng Seangio. Alfredo and that the matter presents a sufficient cause for the disinheritance of a child or descendant under Article 919 of the Civil Code. Private respondents moved for the dismissal of the probate proceedings on the ground that the document purporting to be 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. and signed by the hand of the testator himself. In effect. 2006 FACTS: Private respondents filed a petition for the settlement of the intestate estate of the late Segundo Seangio and praying for the appointment of private respondent Elisa D. hence this present action. Hon. With regard to the reasons for the disinheritance that were stated by Segundo in his document. respondents. SEANGIO. . petitioners Dy Yieng. dated and signed by the hand of Sefundo himself. as an heir to his estate for the reasons that he cited therein. nonetheless. November 27. should have allowed the holographic will to be probated.

All these circumstances. since it had not. having fully complied with the requirements therefor set out in Article 729 of the Civil Code. respondents. Montinola retained the owner¶s duplicate copy of the new title as well as the property itself. petitioners. Another motion was presented by the legal heirs of Montinoal declaring that they were not interested in pursuing the case and asked that the appeal be withdrawn however Montinola¶s counsel opposed the motion. RULING: The real nature of a deed is to be ascertained by both its language and the intention of the parties as demonstrated by the circumstances attendant upon its execution. The matter of its recovation was not passed upon. the ostensible donees. Montinola¶s secretary presented the deed for recording in the Property Registry and the Register of Deeds cancelled TCT No. Montinola died and shortly thereafter. More importantly. issued TCT No. the donation was void and could not effectively serve as basis for the cancellation of TCT No. CA issued a resolution ordering the legal heirs as well as spouses Sicad as appellants and denied the motion for withdrawal of the appeal. T16105 (the donor¶s title) and. the spouses Sicad filed a Manifestation and Motion alleging that they had become the owners of the property covered by TCT No. However. However. In the instant case. vs. T-16105 and the issuance in its place of TCT No. COURT OF APPEALS. et al. They did not get poseession of the property donated. or any other right of dominion over the property. they never even laid hands on the certificate of title to the same. ISSUE: Whether the donation is one mortis causa or inter vivos. to repeat. T-16622 followed by filing a petition for cancellation of said TCT and the reinstatement of TCT No. August 13. T-16622 in virtue of a ³deed of definite sale´ and prayed that they be substituted as appellants and allowed to prosecute the case in their own behalf. The donees opposed the petition averring that the donation was one inter vivos which. G. Her petition was granted on the ground that the donation was one mortis causa which thus had to comply with the formalities of a will. In a donation mortis causa the right of disposition is not transferred to the done while the donor is still alive. the eight division of CA denied the separate motions for reconsideration filed by Montinola¶s legal heirs and the spouses Sicad.Wills and Succession 52 Case Digest Spouses Ernesto and Evelyn SICAD. They were therefore simply ³paper owners´ of the donated property. T-16622 in the name of the donees. including. until she transferred the same ten (10) years after her death. they did not acquire the right to dispose of the property ± this would accrue to them only after ten (10) years from Montinola¶s death. Hence.R. nothing of any consequence was transferred by the deed of donation in question to Montinola¶s grandchildren. Catalino VALDERAMA. T16105. The deed contained the signatures of the donees in acknowledgment of their acceptance of the donation. They did not acquire the right to the fruits thereof. No. While appeal was pending before the CA. 125888.. Montinola later then drew up a deed of revocation and caused it to be annotated as an adverse claim on TCT No. was perfectly valid and efficacious. T-16622. 1998 FACTS: Aurora Montinola executed a ³Deed of Donation Inter Vivos´ in favor of her grandchildren who are the private respondents herein. this action. the explicit provisions of the deed of donation ± reserving the exercise of rights of ownership to the done and prohibiting the sale or encumbrance of the property until ten (10) after her death ± ineluctably . The trial court decided that the donation was indeed one inter vivos and dismissed Montinola¶s petition for lack of merit. A donation which purports to be one inter vivos but withholds from the done the right to dispose of the donated property during the donor¶s lifetime is in truth one mortis causa. Afterwards. in its place. Indeed.

.Wills and Succession 53 Case Digest lead to the conclusion that the donation in question was a donation mortis causa. contemplating a transfer of ownership to the donees only after the donor¶s demise.

an OCT covering Lot 3368 was issued in the name of Francisco. of relatives within the third degree belonging to the line from which the property came. it is also clear that the sale executed by the sisters Paulina and Cipriana Yaeso in favor of the spouses Fidel Esparcia and Paulina Sienes was subject to a similar resolutory condition. Lot 3375 to Agaton. The reserve instituted by law in favor of the heirs within the third degree belonging to the line from which the reservable property came. The sale made by Andrea Gutang in favor of appellees was. the latter refused. that he is like a life usufructuary of the reservable property. executed the public instrument and sold the property in question to appellants in consideration of the sum of P800. the surrender of the OCT which was in their possession. With his first wife. he had an only son named Francisco. which was denied. by virtue of the alienation.00. In connection with reservable property. single and without any descendant. vs. ISSUE: Whether or not the reservable property in question is part of and must be reverted to the estate of Cipriana Yaeso. thus giving rise to the filing of the corresponding motion in the cadastral. (1) the death of the ascendant obliged to reserve and (2) the survival. Andrea Gutang died on December 13. et al. March 24. he had four children named Agaton. Said vendees demanded from Paulina and her husband. According to the cadastral records of Ayuquitan. at the time of his death. Cipriana Yaeso was still alive. Fidel ESPARCIA. that he may alienate the same but subject to reservation. 1952. the weight of opinion is that the reserve creates two resolutory conditions. G. plaintiffs-appellants. Andrea Gutang.R. therefore. said alienation transmitting only the revocable and conditional ownership of the reservists. it is clear upon the facts already stated. Because Francisco was a minor at the time. Teresa Ruales. Paulina and Cipriana.. constitutes a real right which the . namely. This Court has held in connection with this matter that the reservista has the legal title and dominion to the reservable property but subject to a resolutory condition. his mother administered the property for him. No. as his sole heir.Wills and Succession 54 Case Digest Constancio SIENES. the properties left by Saturnino upon his death were left to his children as follows: Lot 3366 to Cipriana. declared it in her name for taxation purposes. On the other hand. L-12597. Lot 3367 to Fernando. that the land in question was reservable property. his mother. the rights acquired by the transferee being revoked or resolved by the survival of reservatarios at the time of the death of the reservista. Lot 3377 (southern portion) to Paulina. As a result of the cadastral proceedings. 1961 FACTS: Lot 3368 originally belonged to Saturnino Yaeso. the lone reservee surviving her being Cipriana Yaeso who died only on January 13. RULING: As held by the trial court. When Francisco died at the age of 20. defendants-appellees. Fernando. and paid the taxes due thereon. Inasmuch much as when Andrea Gutang died. the conclusion becomes inescapable that the previous sale made by the former in favor of appellants became of no legal effect and the reservable property subject matter thereof passed in exclusive ownership to Cipriana. subject to the condition that the vendees would definitely acquire ownership. only if the vendor died without being survived by any person entitled to the reservable property. 1951. while with his second wife. and Lot 3368 (western portion) to Francisco.

became effective because of the occurrence of the resolutory condition. In the present case. because the vendees did not appeal therefrom. albeit conditionally. Cipriana Yaeso. the person obliged to reserve. Thus the former became the absolute owner of the reservable property upon Andrea's death. died. While it may be true that the sale made by her and her sister prior to this event. . was still alive when Andrea Gutang. in so far as it orders the reversion of the property in question to the Estate of Cipriana Yaeso. one of the reservees. the condition being that the alienation shall transfer ownership to the vendee only if and when the reservee survives the person obliged to reserve.Wills and Succession 55 Case Digest reservee may alienate and dispose of. we are not now in a position to reverse the appealed decision.

Marcelina bequeathed all her estate to Marilyn. Marcelina. Nenita filed in the testate case an omnibus petition ³to set aside proceedings. a corporal in the 45 Infantry of the US Army (Philippine Scouts) married Marcelina Salvador but they were childless. being a veteran¶s widow accumulated some cash in two banks. Marina Paje (alleged to be a laundrywoman of Marcelina and the executrix in her will) filed a petition for probate of Marcelina¶s alleged will. which on its face is void. However. Agapito and Nenita begot a child named Lilia and afterwards. as a veteran¶s widow. that Nenita was Agapito¶s guardian. Nenita was then alerted to the existence of the testamentary proceeding hence. who was delivered to Marcelina Salvador Suroza who brought her up as a supposed daughter of Agapito and as her granddaughter. 1981 FACTS: Mauro Suroza. In connection to this. December 19. he was disabled and his wife was appointed as his guardian when he was declared an incompetent. respondents. However. they reared a boy named Agapito who used the surname Suroza and who considred them as parents as shown in his marriage contract with Nenita de Vera. admit opposition with counter petition for administration and preliminary injunction´ reiterating that Marilyn was a stranger to Marcelina. After her death. Judge Honrado issued another order instructing the sheriff to eject the occupants of the testatrix¶ house among whom was Nenita and to place Marina in possession thereof. and that the thumbmarks of the testatrix were procured by fraud or trick. Judge Reynaldo P. A. ISSUE: Whether or not a disciplinary action should be taken against respondent judge for having admitted a will. that the institution of Marilyn as heir is void because of the preterition of Agapito and that Marina was not qualified to act as executrix. Agapito also became a soldier. When Mauro died. complainant. Instead of appealing. 2026-CFI. Marilyn used the surname Suroza and stayed with Marcelina but was not legally adopted by Agapito. alleging that the decedent¶s son Agapito was the sole heir of the deceased. Further. She executed a notarial will which is in English and was thumbmarked by her for she was illiterate. and that Marilyn was not Agapito¶s daughter nor the decedent¶s granddaughter. that he has a daughter named Lilia. The spouses Antonio Sy and Hermogena Talan begot a child named Marilyn Sy. Nenita filed a case to annul the probate proceedings which was also dismissed. As there was no opposition. In that will. Judge Honrado appointed Marina as administratix and subsequently. that the will was not duly executed and attested. Nenita filed an opposition to the probate of the will and a counter-petition which was however. a woman named Arsenia de la Cruz (apparently a girlfriend of Agapito) wanted also to be his guardian however the court confirmed Nenita¶s appointment as guardian of Agapito. Marcelina. issued two order directing the two banks to allow Marina to withdraw from the savings of Marcelina and Marilyn Suroza and requiring the custodian of the passbooks to deliver them to Marina. vs. she and other occupants filed a motion to set aside the order ejecting them. became a pensioner of the Federal Government. In spite of such fact.M. Not contented with her motions. they questioned the probate court¶s jurisdiction to issue the ejectment order.Wills and Succession 56 Case Digest Nenita de Vera SUROZA. Later. Upon motion of Marina. this complaint. Hence. HONRADO and Evangeline YUIPCO. Judge Honrado issued on order probating Marcelina¶s supposed will wherein Marilyn was the instituted heiress. dismissed. No. RULING: Disciplinary action should be taken against respondent judge for his improper disposition of the testate case which might have resulted in a miscarriage of justice because the decedent¶s th .

Inefficiency implies negligence. incompetence. prudence and circumspection which the law requires in the rendition of any public service. respondent judge. . In this case. on perusing the will and noting that it was written in English and was thumbmarked by an obviously illiterate testatrix. could have readily perceived that the will is void. ignorance and carelessness.Wills and Succession 57 Case Digest legal heirs and not the instituted heiress in the void will should have inherited the decedent¶s estate. A judge would be inexcusably negligent if he failed in the performance of his duties that diligence.

Instead.Wills and Succession 58 Case Digest In the Matter of the Petition for Probate of the Will of Dorotea Perez. ISSUE: Whether or not the law requires that the testatrix and all the three instrumental and attesting witnesses sign at the end of the will and in the presence of the testatrix and of one another. RULING: Article 805. the motions could not acted upon by Judge Pamatian due to his transfer and thus. he filed a motion for reconsideration of the order denying the probate of the will. Judge Rosal assumed the position. on the left margin. other than a holographic will. Taboada filed a motion for the appointment of special administrator. as aforesaid. Every will. 1982 FACTS: In the petition for probate filed with respondent court. ROSAL. However. except the last. he filed a manifestation and/or motion ex parte praying for a thirty-day period within which to deliberate on any step to be taken as a result of the disallowance of the will and further. Insofar as the requirement of subscription is concerned. and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. Maasin) respondent. hence this present petition.R. G. petitioner. Avelino S. in the presence of the instrumental witnesses and that the latter witnessed and signed the will and the pages thereof in the presence of the testator and of one another. 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 . and the second page contains the attestation clause and the acknowledgment is signed at the end of such clause by the said instrumental witnesses and at the left hand margin by the testatrix. 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. No. Subsequently. Judge of Court of First Instance of Southern Leyte (Branch III. or cause some other person to write his name. through Judge Pamatian. it is our considered view that the will in this case was subscribed in a manner which fully satisfies the purpose of identification. however. Meanwhile. Hon. under his express direction. The testator or the person requested by him to write his name and the instrumental witnesses of the will. the latter did not comply with the said order. 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. The trial court. vs. and by his express direction. each and every page thereof. denied the probate of the will for want of formality in its execution and ordered Taboada to submit the names of the intestate heirs. Taboada attached the alleged last will and testament of the late Dorotea Perez which was written in the Cebuano-Visayan dialect and consisting two pages: the first page contains the entire testamentary dispositions and is signed at the bottom of the page by the testatrix alone and at the left hand margin by three (3) instrumental witnesses. L-36033. and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written. Apolonio TABOADA. November 5. shall also sign. the three motions filed by the petitioner were denied. and the fact that the testator signed the will and every page thereof.

Wills and Succession 59 Case Digest testamentary dispositions. . especially so when the will was properly identified by the subscribing witnesses. There was no question of fraud or substitution behind the questioned order.

COURT OF APPEALS. the latter leaving no will. has to right to inherit from an illegitimate daughter. RULING: Relatives on the legitimate line. respondents. with one child and/or forced heir.R.. petitioners. The plaintiffs herein (relatives within the fifth degree) were consequently instituted as Lutgarda¶s legal heirs to inherit all the properties which were hers by virtue of the extra-judicial partition. DE CRISOLOGO.Wills and Succession 60 Case Digest Eufracia VDA. No. they cannot inherit from her illegitimate daughter. Raymundo and Lutgarda died. 1985 FACTS: Julia Capiao had an extra-marital affair with Victoriano Taccad. Lutgarda. et al. who then married Raymundo Zipagan. ISSUE: Whether or not the relatives of Julia may inherit from her illegitimate child Lutgarda. Their relative Julia Capiao predeceased the daughter.It is clear from the records that the petitioners cannot inherit the properties in question because of Article 992 of the Civil Code. .. L-44051. et al. Raymundo and Lutgarda were childless. June 27. Being relatives on the legitimate line of Julia Capiao. vs. G. named Lutgarda Capiao.

R. the parties entered into a compromise agreement which was approved by the lower court. Adelaida prayed that after due notice and hearing. Buenaventura and Marcelina. Hence. filed a petition for the probate of the alleged will and testament as well as codicil of the late Eugenia Danila. There is no showing that the lawyers who participated in the execution of the will had been remiss in their sworn duty. The oppositors herein appealed to the Court of Appeals set aside the order of allowing the probate. Afterwards. 1978 FACTS: Adelaida Nista claimed to be one of the instituted heirs. If there should be any stress on the participation of lawyers in the execution of a will. and that Adelaida is not competent and qualified to act as administration of the estate. The lower court allowed and admitted to intervene the petitioners herein. that oppositors repudiated their institution as heirs and executors because they failed to cause the recording in the Register of Deeds the will and testament in accordance with the Rules and committed acts of ingratitude when they abandoned the testatrix and denied her support. et al. ISSUE: Whether or not the last will and testament and its accompanying codicil were executed in accordance with the formalities of the law considering the complicated circumstances that two (2) of the attesting witnesses testified against their due execution while other non-subscribing witnesses testified to the contrary. the compromise agreement was disapproved except as regards to their lawful rights. G. The object is to close the door against bad faith and fraud.. the Court of Appeals failed to consider the presumption of regularity on the questioned documents. Consequently. Subsequently. this present action. There were no . petitioners. and the original petition and amended opposition to probate of the alleged will and codicil stand. January 31. DE RAMOS. The solemnity surrounding the execution of a will is attended by some intricacies not usually within the comprehension of an ordinary layman. vs. the alleged will and codicil be probated and that she or any other person be appointed as administrator of the estate. both surnamed Guerra. L-40804. The lower court also denied the motion for the appointment of a special administrator filed by the intervenors. The latter filed a motion for reconsideration but was denied. The petitioners herein filed a motion for leave to intervene as co-petitioners and filed a reply partly admitting and denying the material allegations in the opposition to the petition and alleging among other things. RULING: There is ample and satisfactory evidence to convince the Supreme Court that the will and codicil were executed in accordance with the formalities required by law. to avoid substitution of the will and testament. the oppositors interposed an opposition to the motion to which the intervenors filed their reply. The lower court then allowed the probate of the will although two of the instrumental witnesses testified that they did not see the testatrix sign the will. and to guarantee their truth and authenticity.. the intervenors (petitioners herein) also filed a motion for new trial and/or re-hearing and/or relief from judgment and to set aside the judgment based on the compromise agreement and consequently. COURT OF APPEALS. it cannot be less than the exercise of their primary duty as members of the Bar to uphold the lofty purpose of the law. that the purported will and codicil were procured through fraud and undue influence. other than an interested party. et al. No. It appears positively and convincingly that the documents were prepared by a lawyer and the execution of the same was evidently supervised by his associate and before whom the deeds were also acknowledged.Wills and Succession 61 Case Digest Rosario Feliciano VDA. Marcelina (Martina) GUERRA. that the late Eugenia Danila had already executed her last will and testament was duly probated and not revoked or annulled during her lifetime. respondents. filed an opposition alleging among others that they are legally adopted children of the late spouses Florentino Guerra and Eugenia Danila. that the formalities required by law for the execution of a will and codicil have not been complied with.

.Wills and Succession 62 Case Digest incidents brought to the attention of the trial court to arouse suspicion of anomaly. Neither it is disputed that these witnesses took turns in signing the will and codicil in the presence of each and the testatrix. While the opposition alleged fraud and undue influence. There is no question that each and every page of the will and codicil carry the authentic signatures of Eugenia Danila and the three (3) attesting witnesses. the attestation claim far from being deficient were properly signed by the attesting witnesses. no evidence was presented to prove their occurrence. Similarly. Both instruments were duly acknowledged before a Notary Public who was all the time present during the execution.

RTC then ordered Lauro to file any appropriate petition or motion related to the pending petition insofar as the case is concerned and to file any opposition to any pending motion that has been filed by Ramon and Teresita.R. respondents. Lauro filed a motion for reconsideration but was denied. RULING: Basic principles of collation: Article 1061. No. The private respondent herein is a brother of Estrellita. Teresita (one of his children) instituted an instestate estate proceeding and prayed to be appointed Special Administratix of Rafael¶s estate. . 1998 FACTS: Spouses Lauro Vizconde and Estrellita Nicolas had two children namely. However. Rafael died and to settle his estate. Not long after. VIZCONDE. she sought to be appointed as Salud and Ricardo¶s guardian of which Ramon filed an opposition. In a consolidated order. in order that it may be computed in the determination of the legitime of each heir. Ramon moved to include Lauro in the intestate estate proceeding and asked that the Parañaque property.Wills and Succession 63 Case Digest Lauro G. The car and the property were given to Lauro and to Estrellita¶s parents but the latter waived all their claims. Further. Every compulsory heir. during the lifetime of the latter. RTC appointed Ramon as the guardian of Salud and Ricardo while Teresita was appointed as the Special Administratix of Rafael¶s estate however. Ramon was afterwards removed as guardian for selling his wards¶ property without the court¶s knowledge and permission. Thereafter. 118449. Consequently. despite this manifestation. ISSUE: Whether or not the Parañaque property is subject to collation. the car and the balance of the proceeds of the sale of the Valenzuela property be collated. Estrellita purchased again from Premier Homes a parcel of land with improvements. NICOLAS. petitioner. an unfortunate event happened when Estrellita and her daughters were killed. COURT OF APPEALS. ownership and participation as heirs in the said properties. The settlement gave fifty percent (50%) of the total amount of the bank deposits of Estrellita and her daughters to Rafael and the other fifty percent (50%) to Lauro. Estrellita. by way of donation. G. must bring into the mass of the estate any property or right which he may have received from the decedent. Hence. Caloocan City and Ramon G. Estrellita is one of the five children of spouses Rafael Nicolas and Salud Gonzales. or any other gratuitous title. who succeeds with other compulsory heirs. rights. he filed his own petition averring that the legitime of Salud and Ricardo should come from the collation of all the properties distributed to his children by Rafael during his lifetime. Branch 120. Lauro filed a petition for certiorari and prohibition before the Court of Appeals but the same was denied. and in the account of the partition. which the trial court granted. this action. REGIONAL TRIAL COURT. Carmela and Jennifer. Lauro entered into an ³Extra-Judicial Settlement of the Estate of Deceased Estrellita Nicolas-Vizconde with Waiver of Shares´ with his wife¶s parents. Ramon stated that Lauro is one of Rafael¶s children by right of representation as the widower of the deceased legitimate daughter. February 11. vs. Lauro fied 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. Estrellita purchased from Rafael a parcel of land which was afterwards sold to Amelia Lim and Natividad Chiu. Private respondent filed another opposition alleging that Estrellita was given the Valuenzela property and subsequently.

however. 2) As a rule. Records indicate that the intestate estate proceedings is still in its initiatory stage. are matters outside the probate court¶s jurisdiction. the probate court. Petitioner. In the case at bench.Wills and Succession 64 Case Digest Collation is the act by virtue of which descendants or other forced heirs who intervene in the division of the inheritance of an ascendant bring into the common mass the property which they received from him. It should be stressed that Estrellita died ahead of Rafael. so that the division may be made according to law and the will of the testator. is the Valenzuela property. We note that what was transferred to Estrellita by way of deed of sale. Indeed. 4) Even on the assumption that collation is appropriate in this case. Such determination is provisional in character and is subject to final decision in a separate action to resolve title. The interpretation of the deed and the true intent of the contracting parties. made a reversible error in ordering collation of the Parañaque property. a son-in-law of Rafael. Collation is only required of compulsory heirs succeeding with other compulsory heirs and involves property or rights received by donation or gratuitous title during the lifetime of the decedent. as well as the presence or absence of consideration. we note that the probate court went beyond the scope of its jurisdiction when it proceeded to determine the validity of the sale of the Valenzuela property between Rafael and Estrellita and ruled that the transfer between the concerned parties was gratuitous. is not one of the latter¶s compulsory heirs. collation of the Parañaque property has no statutory basis. 3) The order of the probate court subjecting the Parañaque property to collation is premature. The Parañaque property which Estrellita acquired by using the proceeds of the sale of the Valenzuela property does not become collationable simply by reason thereof. . nonetheless. the probate court may pass upon and determine the title or ownership of a property which may or may not be included in the estate proceedings. The attendant facts herein do not make a case of collation: 1) The probate court erred in ordering the inclusion of petitioner in the intestate estate proceeding. and 5) it is futile for the probate court to ascertain whether or not Valenzuela property may be brought to collation.

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