PAULA DELA CERNA, ET. AL. VS. POTOT, ET.AL.

DOCTRINE:
- In a joint will of husband and wife, the probate decree of the will of the husband could only affect the share of
the deceased husband. The validity of the will in so far as the wife is concerned must be on her death and
adjudicated de novo, since a joint will is considered a separate will.
- A will void on its face can be probated.

FACTS:
-Spouses BernabeDela Serna and GervasiaRebaca executed a joint last will and testament whereby they willed that their two
parcels of land will be given to Manuela Rebaca, their niece whom they nurtured since childhood and while each of them were
still living, he or she will continue to enjoy the fuits of their lands. Upon the death of Gervasia, a petition was filed by Manuela
RebacaPotot for the probate of the same will. The Court of First Instance ordered the petition heard and declared the
testament null and void, for being executed contrary to the prohibition of joint wills in the Civil Code. On appeal, the order was
reversed.

ISSUE: WON the will may be probated.

HELD:
-The appealed decision is rendered conclusive and binding upon the whole world insofar as the share of the deceased husband,
Bernabe de la Cerna is concerned. It does not affect the share of his wife who was still alive at that time. It follows that the
validity of the joint will insofar as the estate of the wife is concerned, must be on her death, reexamined and adjudicated de
novo since a joint will is considered a separate will of the testator. The undivided interest of GervasiaRebaca should pass upon
her death to her heirs intestate, and not exclusively to her testamentary heir, unless some other valid will in her favor is shown
to exist or unless there is some other existing valid will or unless she is the only heir intestate of Gervasia.

Facts: Spouses Bernabe de la Cerna and Gervalia Rebaca, executed a joint will and testament in the local dialect, giving parcels of land
including fruits to Manuela Rebaca, being married to Potot. De la Cerna died and said will was submitted to the court for probate. Upon the
death of Gervalia, another petition for probate of the same was filed but was denied on the ground that it is a joint will. The CA reversed the
ruling of the trial court.

Issue: whether the testamentary heirs of Gervalia have rights even if the will was jointly made?

Held: No, the testamentary heirs of Gervalia shall have no successional rights.

The SC ruled that where a husband and wife executed a joint will and upon the death of the husband said will was admitted for probate by a
final decree of the court although erroneous, and the wife dies late, it is held that said first decree of probate affects only the husband but
cannot affect the estate of his wife, considering that a joint will being prohibited by law, the estate of a wife should pass upon her death, to
her intestate heirs and not to the testamentary heirs, unless some other valid will is shown to exist in favor to the latter or unless the
testamentary heirs is the only heir to the wife.