Guevara v.

Guevara Digest

Facts:
1. Victorino Guevara executed a will in 1931 wherein he made various bequests t his wife,
stepchildren, wife in the 2nd marriage. He has a legitimate son Ernesto and a natural daughter
Rosario. Therein, he acknowledged Rosario as his natural daughter.

2. In 1933, Victorino died but his last will was never presented for probate nor was there any
settlement proceeding initiated. It appeared that only his son Ernest possessed the land which he
adjudicated to himself. While Rosario who had the will in her custody, did nothing to invoke the
acknowledgment, as well as the devise given to her.

3. Subsequently, Rosario filed an action for the recovery of her legitime from Ernesto, a portion of a
large parcel of land invoking the acknowledgment contained in the will and based on the
assumption that the decedent died intestate because his will was not probated. She alleged that the
disposition in favor of Ernesto should be disregarded.

4. The lower court and the Court of Appeals sustained Rosario's theory.

Issue: Whether or not the probate of a will can be dispensed with

RULING: No. Rosario's contention violates procedural law and considered an attempt to circumvent
the last will and testament of the decedent. The presentation of a will to the court for probate is
mandatory and its allowance is essential and indispensable to its efficacy.

Suppression of the wil is contrary to law and public policy for without probate, the right of a person
to dispose of his property by will may be rendered nugatory.