Nrellano University Siool of Law Joris Doctor The Law on Wills and Succession Capva, Jan Keith Sunday, 1-5°M. 208-0RH Ally, Frio A. Romas ILCERMFICATION, We certify that the canienis of this project ave in ccorsarce with the instuokions giver. We farther Certify tha we hove read the contents of Wis pect Cand the same is eamplete, and an original work of the autor We also understand that any violations of the rules prescribed inthe project will aviomatically penalize {he ator with a deduction of Ano (2 points per violation, NCAT GIRLFRIEND 10able of Conteris 1. General Friston Ve Re: Wilof Rev. Abadia Feuer v. Hie Esiale of Gierson (ela Cera v, Potet Estate of Rodiguet Estate of Christensen Estate of Ares pes Captaro v. Leonides ayanov. Leones forse Pest of Vieoriav. Rigor eas wok Guintov. Hedin son v. Det Raia De Borja ¥: De toga Rerilla v- Barcera Crew. Cove Boagh v- Modesto Borromeo: Hemera, Botorneo TESTAMENTARY SUCCESSION A. wills Aolis v. Ascuertia, Th. testamentary Capacity and kent Baltazar v. Laxa BL. Solernnities of Wills Soroea ¥. Howrndo Garcia v. Locuesta Balonan v. Abellana, Neva v. Rimando ‘aboada v. Rosa Ednavez ¥- Dozen Construction Wn Re: Rrvigue topen: Lee. Lope. Neasiano v. leasiano (aut v. Villosor Golbvcan v Hata Savellana v. Ledesma a 2 6 w n * 3 3 aesGonzales v. cA Gavia v. Vasquer Roxas v. De Jess alow v: Relova WD. Revooation of Wills and Tastamenlary Dispesitions (go v Hamoyoe Casione v8 Holo ¥- Holo TE Aowonce of Wills Aatara ¥. Agtarap De Baga ve xa Gan v. Yop Roles v. one Fraia . Siegon Coda v. Calgary Uy Ko Eg van lee feegaes . Ralagenes Gotlanosa v. Areongel Dela Cerna v. Leonides Roberts v: Leoriides Nepormceno v8 B. Disoltowance of Wills Pascal v. Dela Cre BD. legine Rosales v. Rosales ‘ellano ¥. Pasoval Gregorio v. Madavong, Dizon: Riera Vv. Ozer De Roma v: CA Locsin v. CA PRINCIPLES AFFECTING LEGIIME BIL. Preterition es of foicrnio Weta Sr ¥- Vet of iterate Ula ‘avoc ¥. Doecon Noguid v. Nueuid ales v. Barreto: Dato gee 4 w EeRES gsasEsouin v. Eseuie Balaray v: Hortinez ‘Solano v cA Beain v. cA MD Recent ronal Edroso ¥. Sololan Stennes v. Esparcio ‘rentine v. Ferentino Padura v. Baldevino Choa v. GFL Gonaaies v. 6F1 De apa v. Cormeino HL Resena Aptian Barone v. Hirano Teoiio v- OetVal PRINCIPLES ATFECTING HE FREELY OSOSABLE PORTIONS DD. tnsieton of teins aria v. Reyes Waa de Kila v: Teng TIL, twosiition of Beis oli v- Rarier Crigaloge v Srgson WO. Legacies and Devises Femonder v. imagjion Belen v. Bank of Pl LEGAL o8 IMIESTATE SUEDESSION SIL. Genero oisions Basales v. Rosales Delos Sones ¥ Dela Croe Teotieo v. Del Yat Dian v. Ac Delos ans ¥. Fens: Borer oepue v. Grp. W ” B “ ee n #8 a a 8 ae aé a gg8E38ER Order of intestate Sucaession. Corpor v. Comput oe. \eonaide v- CA 108 Santillon . Hironda 104 Bicoreong v. Aenonza, 0, Bacay ¥: Borrornen 1. FPROMISIONS coMHON TO TESTE AND INTESTATE SUICESSION “TEL, Parition and Obtowion of the state Neri. Hes of Spouses Uy 1 Alga Baits v-CA 4 Derernal ¥- CA w Nongo ¥- We us Bowlista v Gano: Aan ia Delos dantos v: Dela Gre wai Guilas ¥- doce 1 Delos Sontes v. Dela Crt ns Agostines ¥ CF1 a SEM. EXEOUIORS and Adeinisieniors lnlesote Exile of Cristina Aginaldo-Soniay; Enilio Surtoy Ta v. Naloel cgjvanggo- Sunt Manungas v. loreto BeIW Re: Willog Bev Abadi facrs: 0 September «wa, father Radia cxetuted a doarnent purporting tebe hit Last ‘Will and Testament. He died on Tanuang WAS: He left properties catimated af PEK ‘nde vier, one of the egaees filed a ein for Ae probate of te Wl Certain raves Wire wen Fave inne fom the estat if bi cid neta ppd the Retiton ‘ving hearing, oe of te witness testified that Fetne Acadia execved te sid Yell in accordance vith lt, ering that sch was irded his Wl However, they id wo wit ony evidence ine suport there The tia cont found tot the will Tabb A’, wins a holographic Wil, and was de inthe handwriting ofthe textator: At the Fine te Willnas eieovted and the ‘esthr’s death, Walaa WI wee ot pried ty te ws. However, at the time ofthe hearing and vnen the cose wos to be deride the Ne! Ci ode was vend in force and permited Wolaeaghie Wis ‘suc, the Court admitted the Wil fo probate. Ths, his apa WS90E: Wether or not the dosiment eee by Faner Mali can be considered as is Loc Will ond Testament Pune ‘The Now Gil Code under Priele 0 thereof proves to a pron my exert a ‘rolograpic Will which most be entiehy atten, dated and signed ty the kextator himself and need note wise Article 795 of te sanne Cl Cade expressy rides "The validity of Wil og to Us form depends vpn the eorenionce ofthe iain free at re Ame it is made (One venson i soport ofthe Weis that ahough the ill operates upon ard af {ne death of the testator, the wishes of de testator abbot the, depaion gee stole among Wis bers and among the gate igen soem expresion atte time the Wil is exeeuted, ad in elit, the egy or eyes tren eames cornleted och. In View of the foregping, the order appealed fromn is veverged, and Extibit A’ ic denied (robale. FEIMON GRANTED.Feumer vty Peas: The Special administratoy of the esto of Edward Randolph Hix, 5 the decision deryjng the probate of the docamert nd 40 te the Last vied ester of Hix. Papell. Aenie Hix ie not authovieed 40 cary on the appeal: Applian Famer appears {tea perm interested in te allonnce ordisaliwanee of he Wil ty the cout, ards ths permitted to appeal te dlsolbnanee: Ftitioner Reamer aque Hat the Wil was cexeovted by Hi bn West Viglnia on November 8 125, who had ris wsideree in that Jordin, buts nek empath te aw of west Vig, 1ssye: ‘Whether or not it nos necesary to prove the existence of ih lw, whee the Wt Was eect, asa pretense tte allowance of sid Wal, ere Pipi Cots POUNG Te lan of a freign isin do not prove Menges incur arts The courts of the Prilippine Wands axe nak arte 4 ake Aree rion. Sun and rt be proved as facks. The requirement were rokene There was no copy printed or phe) lurder the caterity ofthe Slate of West Vigna, nor was Ye extract from the aw atest oy the certificate ofthe officer Iavingchavge of the original, under te “ole ofthe late of West Vigna, a pried i Sc. 20 of te. ode of iil recede [NO evideree wos introduced 4o show that the exon fom Ane an of West Vigan Was in fre ot the tine fhe ceed Wit wasexesnted. ‘One sppsitln that the witneases fo re Wil Yxde without the Friippine lands, tou Hen be te duty ofthe Feiner to prove execution by some cher mens. PETINON DeNteD.Estate of Giterson Bess: 0 Febrary 10 UA, Lela Dalton filed an application with the Cl of Gbu, derrandiry he the gplitation of a ocament she eins she hela Wl ofan 6807- ‘re document wins exeevied on Rpi 2420 tn San Fume, Clforria, and reftots Ara Giberson Wasa citizen of Winds, and a Cider of Ce: Giberan died in the Priligpines. ‘ring Gieson, te son, ed an oppsition cami ta he Wil is aperypal does ‘Tot represent the true will of Wiliam, ard that Ht Yas not Deen granied in accordance with La He fied 4 ation fo Dismiss, aging inal efor a Wll,rade Ina foregn oor ‘00 be lized in the Philipines, It must be donstaid thal the did Will RS ‘een leplee Wn the sid crt, The application ik oy Clin does red alge Anat ‘he Wil hod beer proaated in California. (On tue 20 A, tne Cort damised He Yeast, sating tha ony Hove ils frat ave previously teen proved and alowed in the US, o any tate o etry thereof, ‘rang fee econ, according 10 their Laws, tay be alowed, Filed, or reed tn the proper OM in the Milippnes. Hence this appeal. Un supper of his dreary, Spvng eainoins thal Ace WP of Ye Cade of Ci Frocebut, has een repealed RE 7, by vive of Se.15, Mle ofthe eesittion: 1sgve: Wreter ov not the Will excoked by Winn Gibeson inthe USA on be legged Verein te Phillppne, absent a stoning hal it was gplacd the cuir i nas made RULING: A perso ca disgse offre asels after their data by Wl Tre granting of il {sega act tra can be performed in tne Philipines oF abeond; Hi is granted in foreign cnutry, it rte done in accordance with the las of al coutry, Which ig oriverslhy adopted we. ‘rile V5 of he cde of Civil Procedure, respecting the freedom of the testator 40 cexeote Fis Will nywiere, proves that the Wil tad cane legatieed in a ‘airy W corde vi re laws of tat county cana be egalited in the Prilippies. This rvision is wostantve. -rtcke 4 of Rue ¥¢ is nating ore han a rarsplantation of Alice Ut of te Cate of ‘iit Procedure: des not event wl mode ina forego ing agained ‘nthe Prilippines, if can be legalized in axerdance wit the ans of thal ceunry ror oes W reqpre tat tbe previews Yaplized in that coontry, PEIMTEN! GRANTED. 3Dela cerna v. Fotot Poets: (on Hoy 3, Spates Bemabe and Geruwia dela Cerna exceed 4 jen! Last Hill and “estarment. the Wil aated that the 2 pores ofan they acauired ding thee wwarriage wav goto Hanvela Redo, ther nice dtc Yhey mere CVSS Hower, Wile ether of them axe hil eg, a efits of ne cid nds emis th them. Terabe died ot gust 20 RBA, The Will POS ave 4 proteate by Cenacia and Yanoea. phere was no oppsilion he Court dered the doen egied 0 FE {ast Wil ad Testament of Bee, oly. On Cetober MER, Genta died and other Fetten forthe prooate of Me tare Wil The case wis dismisted when Haniel ard lanyer fled to appr forthe heairy ‘ThecFl ordered the Rtition fend rt deste he estamert nal and wid for eng ‘ented contrary othe proton of ont WN i te Ci Cade der Craggent by Rane, the CA eer fhe CF derision on the gore tat We decree f prot it aA wis ested lay Cot of prota jin ond erase on fhe Ave execlion of tne estaener (su: Wetter or cot the Will wey be proba Pune: “The oppealea decision cotecty el hak the final cee poke, erered in 2A voy te Cort of First Instance of Ceo0 fs eons efect a 30 his ast il ard ‘estamert deste the (ck Mra wien ten te Ci Code already deed te in of joint Wits ‘The probote deree in WBA could enly offeck the shave of tne deceased hustand, Rernate dela Cera. cud nc incde the disposition ofthe share ofthe wife, enatia Neon, ito Wes then il alive, and oer wns interes in the eegugat roperties the probate curt acquired no jisdietion. ‘Therefore, the undivided interest of Gervsia Relaoca shove pas up her death o> her ire esol, and wot exclsivey the Aearnenion Pe. CA OLISION avereHeD.ste of Bonen nes artina Aranigy fied a Teton fo the probit ofthe Wl Berube Reigur, no died on Wy Pry. hntorio, Wrided ard Dolows, brothers ard nieve of the decensed, 6 wel as Francisco Yave, ance tothe; opp} the Pelton alzsing ot Ares 1a nol e1cav'ed in azortane with the kesolor dno meal eapacly fe exceuke ‘ely; and ht thee was unde passin ond in free ‘Tre cot reteriness ities he nl © probate, a appt) Hoxtna as anise ‘Thos. the oppstors appenied. Teycontend that the Willis woe beanuse Beene, in is Wil isked Haring his wrnersa heir and trian her, Rembe asutiversal hei AS ath, they eve eclpecs berecivis st: Wether or rt the Wl ib oid for bar wipe Wil Runs? Will te ed Ara the lan polos two or mie pssns fo eke a Wl ajay {nthe same tstrmert. The Wills inthis case are nck conn alae dierent (nstruments; conseqyeny, the cove podsions do tc oppo Wem, There isalse no specific evidence that Hortina or any inher behalf hed ered ‘ressre oF infer of any Kind on tre Hester to idee tien fo make a Wil, Fenton peste.{slate of Christensen Yas: Edviard Chvstersen was bor In Nem Yer but aie fo Calif and fest Het We came to Fe Piippines In MY and become dic Wan4 until his death. During the entire period he ted ee he Hil considered hime o eitize of Carmi Uw his Wi exerted on Worth > FL, Veinsivied is deknowedged maul daujnter, oa \wey Ovisersen a is oy eit he a egy of So rena in OF Of Velen Christensen Garcia, who aleraly was dered his rv cil telen oppsed the partition, claiming tat seh deprives her Per leltine. She contrds {hat the distribstion mat be gaiemed by Philippine lms. The crt red tha Rana awa US sien athe He fs dh, and aH wccestional rights and Inkinsic validity ofthe provisions of the Will ae te be governed 14 Colfer vue: ‘heer or rch Califone Philippine Ya shard gem OU ‘he lan that gems the vality of his testamentary dipaitons is defined in Aaicle of He Civ code ofthe Philipines, Wises hot on ppeie's berate trot the douse “if tere no low Ho the canary in ‘he place were tre property issued” in ee. Ay of Me Clin cil ade, ees te Ail, of te Cal de of re Philippines ed ra ela ip the onkay ine Prilippines isthe prison in ad Atiee, Tic erention connct be sane. The cout of domivit-coemel ond shold not refer the ate bok to Cat orn sun ‘would eave tne issue incapable of determination. the Prilippine Coort fig own an as ected inthe cenfdsof aw re ofthe nee A te Sole ofthe desert. PETITIONstale of Ars Bets Pres On mapst 8 M52, foes exo o Wil in Ye Pilippines, whine disioed his stots 40 fe Hory Halen, 940% cath fe ie Shien: and the et divided ayaliy ois 7 inate cite (ny #6, Anas it Tres, OSA an Wis Hil nt amid fe poate i Ha [A exeastor, aoe Bank orl rst oid all beens een. hiro fhe desing of i ad Inistration, te ton fled Ws rep, calishjing Aare! Wil Amoppasten ws filet the ect cider. cxe for Ars ey ej rot Shay Wer deprived of tei tejtimes. The enero cversied he ppesitons and approved te Ieper, reying or 1, apg Me ronal ko he dee. which es ot pride fe eities. ss ete oc tl eas o¢ Pil an ha gp he ANS fines are ft, for, and Aicle 3A of the Chil cade, err applica the natena aw of ‘he decedent intestate oF lestanertanysutessions, with regard for tems: #) drder of izesion W amr of sxcesiral gr (2 nhc aii of the pesos of the Will; ard (2 capaetiy ceed Appelans WOU honeter conic thal A. ar $, of he Oil Code precisa the ecepion 4o et We, Par? ofthe Cl cade Tris is no} correct. Hust ane been Cones’ prpose fo make the secre of el. We a specific provision in tse Which must be appied in stole a inkste speeession, {His terelore evident that nhalever pic policy o gas cst may be inched in ov aysemn of legitimes. Congress Was no} inked to ented the sme the, seatession 0} foreign nationals Fort has specifically cnzsen Yo keve, the orreunt of svxcestonal rights fo the deadent rational la. & feign’ wil witha psn ‘that his properties shal be dihibvied in accordance with Prilippine Yan, nd rot With his ration iw, i egal and wid. ‘dinghy, Ine Philippine Yu on legiemes Canrot be appied to the lectay of es 6 tat Pemon pene = =Cayetano v. Leonidas Fes: (Oh Taman 21 72 Adroren Camps died Hairy Wr fatter Hermgeres, ant fess evita agi, Reeds Lepr ond Naa ena a ung bts. AS he only ompuny he ermegenes exated an Ae of ietin,ajuiaing unto ese Ye ie slate Mowadon Nenita filed a Felton fo the epelale of Advacerts iil which nas alegodly ete in the US; and for her appeniment os aimicishtor. Nerita alls eA Alexicn Was 4S Cita alte tte of her deat, died herein Marla, and Wal he ced he Will cording ty ne es of Femnsyanicn Merenagenes oped the fepDbate of te Wl, alg te bil cs 4 fogery the pas 1 gu ate rl nd oid, ard trot appying Aeon laws with Work fo is ijosiee. Respedert Yap Leonidas adm Pe Wil 4 poke Inthe Pilippines, ith Nein ing appintd 08 Adnan Yemagres append and fied a Yohon fo Uae o Se Made He Orr adit ond altowing probate of Adoracion's Will ard appointing Nenita ag Administer. The {age disissed the Wotan, (Jone 4, 1462 Hermogenes died ond left a Will whichis Being qpestoned by his «eildren as patents wil and void anda falrication. ly Caytano vag opine 4% Cie of the Last Will and eslamen a evenioaly substivted here as he Felon. Issues: «Whether oF no} Philippine law will appy 4 dering te ning vality ofa Wi exeaiied ty an undicpuied frigner * Whether or nok Philippine lan will agp 4 determine the coppity io succeed of Adoracion's heirs RULING: fsa general rule, the probate Cots avin ited ony fe Se ets ytity of Mh wil te doe xeon thereof te eso’ estornectary cape rine corpiance withthe reisies or sokamities prescribed yn. The wise vtidity Of Fhe Wi normally comes, only afer the Court tas declared Mt! tre ll ros been doly oottenticted Mowever, tee pois concideations deri thatthe iins® vay of he Will posed upee. even before its bated, the Gurt should meet the sve Ftitiner conerds hal since the Respondent Iu atone the reprobate of ‘Adoracions Mill, Hermayeres ¢- Campos iis divested of his kgitime wich was .‘eerie on for him. Tis contention is without merit. Under Ark, 2 and WBA ofthe Civi\Code, whieh provides: A.W, Par 25 oveve, nestle ant estamenony sucess, bth with espe fo the ede of weetion and tothe amount of ional ight or fe Ye Inti vliy of Ystamentary prisons, salle elated y te rate an ofthe peace hase suceston is under eoniderten, weir ray We He ae of te property ad regards of he conlry Wetein eid ery may be oor [PETITION DENIED.aero veins fe: (09 Tomany 31 AT? Rdoacon Campos died Hairy Wer ater Hermgenes, oe er ists evita Raga, Reco Lper. and Naf Wena as sunning eis AS the nly cerpasery bee ermegees exe am Aft of Action, ating uno eee ne tate of Movado. Nenita filed a fetiion fe the repctne of Advacis Wi. wiich a6 aged mle} in the WS; and for her appomnimert 0 aminshor. Nera alles tah Aci was {4S Giien ate fre of te deh, died were Hara, and Hal Sener he il cccording te he as of Femyhorian termogeres oygesed dhe feprobote of He Wil, ale the Wil Wasa fogny, the Poisas Of uh are rel ond wei, ae al appr Aeon Lvs wil HEX o is injstie- Aespndent Tonge Leonidas adied Pe Will probate Inthe Pilippines, ith Nea lbsng appcinted 0S Admicttan ermagres apfened and fied a Hohon to ecole or fe Ade te Ord editing ns ating probate of Adoacions Wil ard appointing Neita at Admini the Tug siriseed the Hotion. on Sune u, 1982. Hermagenes died ond lef a Wil, Which i being questioned by is eriiéren a patenty ru and void and a fobricalion. Folly Caupano was appoimied AS Ceci of he Last Will and Testament, ofd eventually substituted heme 98 the Teltone. sve: + Whether oF not Pilipgine law will agp determine He rrinic wait ofa Wil exceed lay an endicpuled foreigner * Whether of act Philippine law will apply o determine the capacity to succeed of Adoracion’s heirs RULING: fsa genera mie, Ae probate Court's ainoihy is riled only fo the extrinsic ality of he wil the doe exeetin Tete: the destrin's testamentary cago onthe compliance with te raises er Slemnities rescrived lay an. The sre voli hy OF the Mill norway ces, enly afer the Gort as declared ha He Wl has been doly athenticated. ewiever, here pactical considerations demand tat fhe Ininsie vaity ofthe [il be passed wpe ven bef IF poked, the rt shud meet the isve Feitione contends tra since the Responder Suge allowed te reprocoe of Adoracon’ Will, Hermayeres C- Campos was divested of his tilime which was 0ouiwo: nen Copy eed pred ty re on of the ron fe ede ‘Tre lam wih gpuems Aden Compes’ Will he lam of Renmsyania, USA whichis the matonal lan of the decedert AM the partes admit a fhe Peay Yas des ck roid for leitines otha al the este ray be giver aay by the testa ‘oa compete shanger, the Fltione ages thal Sich an theld ok ply ese ould be conrary othe und and eta shed pbc Flic ard nda ron coon So the ‘peiic roviions of Frilippine aw His cetied ne rat as regards the Itisio| ‘ality of tke rosions ofthe Wl 0s prided for by Artie IWC and ce of the Civil Code, the national law of IM decedent mast apply: PETMoN penteo.ass: Tater Rag died on rast 4 RB, aig Will AEIED On er 29 PBA, ion es PrObaied ny the CFI of Tarlac. Named as devisees were his.sisters : Novencia Rigor- eco- tar Bena Riger-Horecto, and Nese Rig Aviat. Falher Kige also go @ vise fo his ONS, Forte Gamainda Tre Wil ae hat 4 gone oe weep ony of is cases mae reves mio sal center the Priesthneed: That certain male lative cannot tell the lnts, ant shal enjoy ond cdrinister the land viii his death; bn shal cease fs do so fhe quits. Ye pris hand. inthe meantime, nile tree's fe lege yet adinishation ef ch pay shale Wilh ine gr priest of teed of Wetoia Tave’ ehis acces ‘The prgeet patton ws appied ty the Tuige ond dete the anisms deter tortie devisees their repecve shores, witha ening the sb’ esta to he Dearest mole eloive Asch, the devise nas ok dethered he th ond the eke prenzedings remained pending, Te posh pres Med fein to appeal a cew administer os the pravovs one, fe ier Rowereia, hud pased; ad payed tthe lads dlveed the Church. The Cow grand the Rion, The inkestate hei of father Rap oped and sag to dere the bees rcpemtve Sec vo role rete ef the sor elt the preshcr, try sald eerie tthe id lands. This wns opps ay ne Prin pis: The dg gone the peition anddeined Ye bepest inopertive, However, upon MB, the accion was roersed as there wos a gancepren io Was a serinaON. AS sch, Ye lands ware decid to be delivered tothe forish. On ape the CA covered te ecston, hiding tat the Kestamenory frst kav only xt fr £0 ypc. od as ch, the dspsition shou pss onto he za hits. IS" Whether oF not the grarirepher Edgardo nanan, may wed othe eoke UNG: eto that the sid bequest tee fo he fester’ raves male vlate lingal the fime of Wi death, and wot 4o any indfnite time trercfler. in ada fo ke eaecitled font, the het devise of leyeee mate wing a the moment fhe cession opens, except in case of reeseniation. when iti proper’ Arie lus, chil Code) ‘arentnetiealy hove ated aris jundlore hat Edgardo ceased fo bea ‘ervinarion in Wel. The unavoidable conclusion is Hot the Lenyest i ayestion ws ‘effectual or inoperative. PETITION DENIED.Reyes v. cA teers: Benedicto had ben in open carlin, eHE and naious pssesion of 9 40 ayn ontegisered parcel of agrcstral ond, cated % tuacan, under a bora fide Claim ot enmesip since AIO. Renedicta Sold tne property fo mac Pimnagin, her lee, marifested by allegedly 4 deeds of comesgoce in PHS and RAR. ler Berd died, Imaela Chagita “omitted Feiion for probate of he purported Wil he fe aunt The itl Dirmgion as He oe Fer of the esta Tre petition ws se! for hearing, andin doe re Sova cierto be ‘ers of Benetieta, filed oppsitions tothe probe. Try oege fmery. vies of he Convent ofthe testa, etopel and recation of ne Wil by 2 deeds of earweyprce ‘of tne mar portion of the extn rate ay nt tesa in ver of Ye prope in ‘He and 4 ‘They alleged that te property sod ior to Renetit's denn shold foren part of wha they srovid inherit. The Coo ved tra Ant Suid property sno longer port of the inheritance. The cA affirmed the ner att decision sue: Wether or ct the sid properties form prt of the neritence of win the hes ave enitled to puuwe: 4s. Bien if they are sold, Yhoy fil form port of the object of sctession. and of the ‘lot. In he case a bo, the sole Carmo} We eonidered a wold as He ange. of ord {or coloring into ch eonirach is to deprive the eles of Her legtines No consideration waver wos paid ta Dimagiloa on ezunt of He ores, thereby rendering it eter move devo) whelver in conveying the property to her pe, ‘The lestatiy. merely intended to cemply in advance with whal she Fad ordained In her HestaentYather than on alevation of Spar is legarkae therefor, PENTION‘Guinto v. Hedina sre eon Gvinto filed aston fo foro entry against Snap Hedin, alleging Mat he bas been poxsession of the said goveel of and since, PEA, and {hat Hedina by means of foree ar iiidalion deprive Yi of his possesion thereof, Medina died the alegations and aqued trot he fos been in pesteston ofthe it since HA. The trial ex rc in favor of Guinto and ordered Medina to wale. Hedina then fledon appeal. Wile the case nas pening, Guin lied reamignce preeedinys. Hedin ed ing re perderey fan ape The Court edn for of Gite, bu reed to ender jwlgment Seer he Hees 40 pay him domnages. Ginto cnerds tna is eann for damages it oe Hat wove After the death of fontlago, and could We proscented against the laters eis, whnoare, beitted or evttuted jn is place in oth cases issue: ‘nein or nok the Weis of Hedi are lable for damages, and to what extent BOLING: ‘Am action fr foribhe entry gives rise fo two rernedies: recovery of posession and of damages, bul sbject fo eniy one action. foch oction sories despite Hedina’s death The heirs of Medina are Kable 40 poy the damages. hs Hey ove merely asstited in fhe place. of Santiago upon his death, their Habit fs ono Hoe exter of he vole. of the property, Wich they might Fave recived from the origital defendant PENTION GRANTED,‘son ¥. Del Rgario Fetitioner Maria Vson nas he lawl wie of fasting Nebreda, WhoupeA Ps death i FHS ef he fre n ston. Faso ede other heir exept Yorn Wien. Rene ara cies tat yon ono’ death his commen-an wife Defendant Hoi de Rosario italy ok psesion of said tad {nthe Anoner. Defendants setup speial ceense that en Feomury 2 FB, sen ord ‘ousting executed «public document where they agrced 4 reparate as Wstond and wife, 06 in crsderation, Won nas given a pare f and a8 aitenyin exchange fr Yercny Mec right to inherit ang other property that may be keH Dy Faustino vpon his death. Alec ro the Gort raed in favor of Vion, and ordered the Defendants to estore Wen ‘he onner chip and possession of land in spe. Hence his open {sgutt ‘hele or net ones and postion of re sped lands Shove wit he felitioner auune: Wis evident that when Faustino Nebreda died in FAB, the five POMS of land fe ines, ize fa Me Hine, pied fran te mornent of his dah Hols ony it, ns wid ori Vion (Article Wen, old Civil Code). From Hal moment therefore, the rights of inheritance of Haria Vion over the lands in ayection Yoecame vested. The claim of the defendants that Haria Uson had eliapished her vghts over the lands inguestion beans che. exes rraunced to inet any ule property al er hostand may acquire and lave upon Wis deat cannot be ertertained forthe simple ‘reason that jlure inheritance cannot be. the subjeet of a conikact nor ean it be epcuneed ‘The new right reugrized by the New Civil Code in far of te leit el of he deceased earn, therefore be accerted to the immgirment ane ao "ight of Waria Uson ever the lands In dispute. PETMION DENIED.1 tcp vO ta ts Fransisco de Bra, upon the death of his wife Tou Tango en ober wo fled Telition for re rebate of her Wil ith the Ff Rio Te Wil nas probated on Api 2 PAL In Ile, Freiseo was appinied excotoy and abenishaor wii ia MSZ, eit Xn dese, mas appeinted coradmiishaler. When Roreiseo di oe bee he SoH dernier of re estate of ese Tones boka Zee when Iowa died Tsiaria ongsinge allegedly, Upon rarciseo's dea, sina insted Fesake prxedirgs, ord 19 evenly appeinted special amin: Te alilihyo}tsiana’s rronioge to Trancitto wat ayestioned in he said preceding ‘The telotenship betnicen fre chile ofthe first manage and Tasiana.Crasingco has tween piagued with Several sits ad contest. In crder to put an er foal Hes Wigton, the portes ented Into a Campromite Aafernent. The gerwineress arid Ave eecution of the wid agieemer ig rch disputed, bis validity is being enatenged ay “asin. ongsingpo on the geund that 0 the mies corn ener soc hind of aeement witha fir probing the WillofFranciseo; C2 the same inoNes a compromise: en ‘te validity of the mariage beineen harciseo and Tasana, nd &) evn if were old, Hts ceased fo have force and eet: isu: \inether or nck the compromise agreement is valid. even if Troniseo's will ras ‘ot pt been proated UUING: es, the ayeement is aid. The ageemert stipulated that Tasiana wil receive eax 4 fol payment for her heteditany stave nthe estate of Thaneieo and Jsefa There was here ro aNempt to cite or dishibuie the este of Tanisco de Baja arnong the bers thereto before the proba of his Wil. The clear object ofthe contract Was rerey the carmeyance oy Tasiana OgFings> o| any and aller ndvidval share and Ines diol retold of Rare be Borja and osefo Targe. ‘These is no ipoation as toon eter claro, cede or lapee. bof. 960 Wereditary srate Ina decedent's estate is hansitied or vested immediately, {fom the mcanen of death of vuch cause or predecstor in inkrest (ul Cate of the Philipines. Art. 79) there ico lena ba to sues (wit requisite contacting capacity) dspsing of Vix or his hereditary Shae imerediately ole au deat en if ne otual extent of gx share isnot detemnined uri he socequen* Lqyidation. of the estatePenile v. Boreena rats: On March 31 A, Fortonata Raveena, mathe of Reitioners Rao and Sahatien, both minors, and wife of Feneiano Gorilla, Insttuled a eh getion in the CH of Roma to quiet Aitle one cert panels of land (On Hay, FE Defends fed a Molen Yo sis the capa In ef Ae heaving ‘he care! forthe Pari red toamend Ie compat oiehde cern ais. Tit was grove, and he pln we ate fo file Weir amend ep Cn Augst 4, Defendants agin filed a Hoton Yo Cismis, on he goed tt Fortra cera dead ns Ys 0 bgp copay we. Caneel fpr pai cofimed the death of Ferrata ard asked fr sukstibtion by the miter chide ond her osband. Aer heating, ‘he Cour lsrised te case onthe grand thot a dend gerson cannot ve a ea arty i interest, and tas no legal caps 1 we sue Wet fo he i fe ee we et ans: Wile is ve that person whois dead camel se in cor, yet he, ean be svestied by his irs in proving the cage upto its completion. Under Re >, Leki eof the, Wes of tow}, “nieneve a party to a ding ose dis it shal te the duty of his aflorey Aoinjm the Get promptly of ach det ad ge the rai ond residence. of is exedtor,adtinishato, or guardian or other legal representatives,” Fron the memento death of the decedent, he irs come the absolute ones of his [Wop subject fo the rights ond abigations of the deen, and trey canna be epi of ter rights there except by the rena pide fry ta, The ramen of eat i the deleting factor when tre hairs acy a defile ng fo the Inkeitanee veer uch ight ke pre of earingent Te gt of he hes othe property of He dewcased vals in them even before jal dedorotion of ther being heir in he Hest of inlesiate proceedings. ‘ten frre Barer theefte, ded he cairn or right fo the porces of tand in igation wasnct eringushed by her det, kot was anstited to her eis von wer deat, Her Wire Foe rs acted ree te properties In Wigaton ond ecame patties in interest nthe cae, PETIUON GRANTED.na v crue rors: (m October & RB, Ftitiner Memorocon CUE filed a cmp again! her son, Raped Ciao rot for” Arment of ae, Reonseance ond Cawages” She cen tal her ution With emrmon- Ian bsbond Guido Cit, ow dezeaced, Se apie a pel fland in Tondo, ona ncn ws repjsked In er rare. In July FR, ae scored hat he Hite tothe roerty ws onsered to s.r ais wife': oe by rhe of Deed of Sale creed In PIB. de cms the ded Wes eed Yeah frau Fagor Ord mieprentan,eree ular id. er som Oncol eed Vo recavey re sid proerty Aer Hemomcon pres ter edenee, Se died econ oti te he RC of er {2589 Rasen fled Ht b Oimis on the grunt an ion meyanee «pra action which des not sure a pats cath, prs 1 Re 8 fer 21 of the Res Of Gourt. Tre RC limised the ce "withost pie othe przation rot In he pope nk ceding’ The CA airs the FIC desision. Ete \Wrether or nol the ck red in ling Wet Meroracion's Fetion fr Aree of Deed Of ale, Reconieyonce, ond Damages ita prety petra ation Wich idol onive her ech UNG We fod the agen maori. he gysion oto neler an action gues nok deperds fon tne nature of he action and ie damage sued for. Inthe causes of action wich Survive, ‘ne wirong complained of affects primarily ond principally property ond preperty right, the inries foe peaon being merely rcdenta In such case, tren it svives the deat of the pontiff or Petitioner: eerily, theirs cose for anda ef ale of eal property mers sia ee jeg deri eto to die be properties le by is wif in re manne ae fe prvi for in sch private Amiens ‘soe: Wether or not the contrac, which contains Hodest's ineritance, is valid and binding between the pares ROUNG: es. The corti valid. Ws welt seed tal rights by invertarce oe aquired and ‘ransmitied un the dent of Ihe decedent Win ris i fullons tat prsty ep {or an he 40 enter ino entac of the ature ofthe daament. The contact lbeomnes effective nly when Modesto Is dered as heir WA ris ight eer he ihe ocorves from Ye, time Miss wife died.Perera: Werfera v. Bomceneo bas Wto tontmeo, a witoner ard iden of Ce, did on Har 2 atthe eof ‘ers, without fred rr, leaving extensive properties. doe Jonggera filed with theceh a Tettion for the protate of Vi’ lah Wil, ich diced the properties to Tar, Tervonato and Aria Meal shots The dcornert wis aye signed and thao marked by the deceased i the preence of 8 winastes ‘The probe our held tat the doament wns a forgery, Thus the feslale proceedings Nee converted into ilestate. Sera clan by prtes. led tee the Curt alg Hat ‘hey ae ees of the inestate esto of Vito: The Gaurt Ksted on Order decairg ne ght as of the deceased, which di ret rede Front. Tortonato filed a Hatin ofr fo Be destred a one of Hees ofthe decesed aijag ‘Wot eis oniehtenate son of te deceased, ard Ya He was omit in sega of the la The court dismissed this Fetion. On bis MR, re asserted a waive of ered ‘ary vgs supposedly signed by the Wes, Where 5 ot of 4 ines relnisined their Fits to Fortunato. the metion vas oppeed on the grund tra the Court 0a probate aun, kad no josdition to tke egrizanee ofthe claim; thal Fortunato is estopped from asserting the waiver ager and at he mover prcment ig cid as it mas vented bere the declaration of hel Telitioner orgs that th waver of heveitary rigs is withou! face and eft teaase there canoe no efective wae of hued rights before there Ys been a al exon of te interianae the heirs intended to trnefer, pial fp Article 10. set Wetter or not a Waner of Heediary igh cam be eemed witht a vl ecepiante {ror the eis In question aun ‘The greviing jurisprudence on waver of Neretitany rights 1s thal te properties eluded in an existing inheritance. camo corkidered 08 belonging te tied pons wit {espe fo He ees, who ly Fon of law continue He pesealty of the former Nor ‘bo soc propeties have the chotater of fle pegrly, tem te hes came aright fo sucesso fram Ake momento the death ofthe deceased, by prwiple exkblished in 1. Get ord aid by Wet Wel of re Chil Code, aed ow the heirs caked the ‘exeased Wy te mee fac of death The hats therefor, cud wave their heredany righ in Won if the Oder of povtition the estate Was isved only in AVAL PETTION DENIED.Solta v. Asuerta, fans Maria Solla died in June 1883, and lef a Will eecoted in accordance: With lan, but not yet probated. Leandro Seriano was raed universal heir, While Seigio, Cayetano and Josefa Sella; as well 4s Jacinto Sema Roxen Laywey, Sitesha Spr ond Matias Seveda were named leaptees: ‘The said leaptces nor er descercanis di not judicially Caio their legacies doring the lifetime of Senano, neither was there any, Instituled for the seMemert of Haria's estate, Senaro did not deliver the \egpecies until his death, which he possestes under his name, having, declared the property for tovation 0s las onn, ond collected the income. for mise ‘The PlaintiffS. Some are already the descendants of the original legates, While defendants are heirs of Sereno. The property i Tlocas peased cn te Simeen rare wre of Leandra Mi ard as os me ith the olter properties of errands estate. ‘Te RIC Wled in favor of the Plaintiffs, arel exered that a partition ‘be made on the land which they have. participation in. The exo ako dated Simeon Sertono to delner the Poinliffs respective shoves, oS e004 Issue Whether or not dhe Wiol eat erred in inerpreting the Will of Serano, with respect 40 the Original Will of Movie Solla RULING: In order 4o deterring. the ‘estate’ intention, the Court sheold pace itself os near as posible in his position, ond Renee, where Are Vanguoge of ‘he will i arabiques or doubk{y, it shad Yate ino cersideration the Situation of fe testator ard te foes and eamstances. sareurding tin of the fime of the ccution of the Will ‘Where the ‘estater’s intention is Manifest fyonn the context of the Will and Greurastances, out is clscwed by inapt ord inocoviake modes of expression, the langnge wil be aubord Tiled 49 the infention, and in owdey 4o gue effec > 9 infenton, a8 or AS possible, the Coort may depart form the strict werding ond veod Wo! oF PHASE In a sense diferent ftom the win is ocinaihy otilbuied ot, and for ue purpose ray oid er Chap ne tagoup of the Will \n the present case. it clearly appearing that it was Movia Solla’s‘nfertion, in ordering her universal heir Leandro Serrano in her Will, at ‘the hoor of fis death, fo insisH upon the compliance. of her odes, lay his heirs, ‘ree ‘hey shold org rn coos she did sue her orders concerning her legpcies, the eamplionee of which she entnusted 40 Leandro Serrano, Weare avirerted 4p veshict the application of the \nords “al fat T nave ordered” used 0y Maria Sella, afd the Words “all her ordeys" used by Leandro Serrario in their respective, Wits, lining Ahern to the fous orders, ard substoting the pease” veg) fo He annual masses” after the words vsed by both festator's wespectively ‘The fiat court, therefpre, conmitted an error ia interpreting, the order 4p Leondro Sertorio rentiened in his Will 2s applicable 10 the prsions of Horia Sola’s Wil velatne fp the leyxies, and nol pions berpests exclusively. PETMION PARTLY GRANTED.Baltazar v. Le racis: On September 13 VA, Tocendia Regpla, 78 4s O14, wade her Last Wil and ‘Testament in the Rampangefe dialect. H was execute! in the hovse of Telived Sudye Lampin, and was texd to Pacencia twice. She thereafter cxpressed in the presence of the instrumental witnesses that the donune- ts her Last Will and Testament, and affixed rer signature af 4re end. The witnesses affixed their signaies aitesting te the Will's che excoution. Teche Limpin acted as the roby puicic. Crildless ond without any siblings, Roaensia left her properties to Respondent \oreneo taxa, this wife, and their children. Loretta Was ev nephews but treated hin a5 his On $20. She lived! with Wrenzo's family and coved for him since birth. After ey Will he left for the US are Yesided with Loteneo until her death on Sanvory 4 Hat The Will vernained in the eastedy of Judge Linapin, On April 712200, Lorenzo filed a. Relfion wit he FIC for the prtane of Taciencio’s Will, ond issvance of letters of Administration in his {enr. There being no oppesition, LoreneD presen his evidence. One of the, ia ke Linnpin, estified 4 the authenticity of the signatures. The tor questioned her aloast Tudge Limpin'’s current mental fidness, ‘which dhe ‘eahifed that he ad a sie, and cad ro longer testify Fetitioner Antonio Baliazar opposed the prolate, claiming that the properties telong fe ancirer person thus. Rosienda had no right to hen fe lovenao. Other Reliioners joined claiming the ites null and Void leccnuee eunerShip of fhe properties had net been onsfered fo Poconcio at tre time of her death. They likewise contend shat Lorenzo fs Aisqualified since ne is a citizen and Yesidert of the US. ‘The court dented both requests, thus the probate. proceedings cenfinued) torgno ‘ifs that Paciencia did not suffer {rom any mental diseader was of Sond mind: He denied the presence of ferce, inirsidat Wielence fen Facencin doting the raise tae ae Heonwhile, BaHazar dims that Toskencla was tis aunt, and thot the. first fire he caw te decoments, it wos Uneigred: He said that ackencia ‘he documents fertgined 4o the lease of her icelards, thos he advises her not to Sqn ane hept the oid doconnarts The RIC disalkaned rote, ling that Beientia Ws not prsesoed of sarc} ‘tind during the eecxtion of the Wil On appeal, the CA reverted the FIC decision. 8sve: Whether oF riot the Will of Facencia should be admited to probate. RULING: \We deny he petition. Faitaful complionee with Ane farrnalities laid dann by \aw is apparent on the fpce of the: Will. Cours are aeked Mo delermine nolting mere tron the. exirsc validity ofa Willa probate proceedings ve execvtion of the Will e its extinsic validity pertains to whether the ‘estar, W000, of scund mind, fleely executed the Will in oxtordance with ‘he Faratities, peserived ty aw ‘The barden to prove thot Raciencia was ofascund mind at the firme of the cxeootion of the Will Hes on the shoolde of the Reltiones. Their clainn thal Fociencia was fageifo. Go much tat Ht effectively shipped lner of fsiam- entary capacity 1 unconvincing: We care with dhe cA Anat the state of being, forgeo\ does not Necessarily emake a person mentally unsoure) sos ‘to vender him unfit-o execute a Will. Besides, Article. PA of the NewGvi! Gate stotes: Act 9A. Te be of sound ering, is not necessary tho the deste bein ful peszion of al is casing {acsles er tat his mind be, Wholly unbroken, vip or unshattered Fy dere, INpry oF ther cause shall be svificent that ifthe testator was abe of Ane fire. Of eng of he Wil fo kr the nalure ofthe estate 4o be dissed of the proper Objects of his bauniy ane ne character of the ‘elamemlary oct: More |, a-estatot is presumed » be of sound mind at the time of re Cea tre Will, ale nk ee otherwise lies on the: ppesttor. We ate convinced that Radiencia was anate of the mature of her estate 4o be. Aispesed of, the proper ckjects of ner bounty, ond the charwcker of the. ‘estamentary act. ve allegations of ¥e, indicates trot the law conterpates two distinct acs that see Siren purpses. ‘An altesation mast tate all te deals te tid pasagaph of Pride 65 rays. 0 the alosence of te repied ovono\ lay the witness themsedes, No atesaon clase ea bbe deeened eroded in the Acknoniedgrent of the Teed of Donation Hors caus, FENHON DENIED.‘te: Braye Lopens open v open ners On tune 21.1, Enrique Lopes ded, leaving this wife Nerdy and Ver 4 leytimnate eriléven Tettioner Richard Resorcers lana, Harybeth ant Vora of cmpubory brs. Before Frrgyes death, je exeed Last wil ond estore August HOF, coping chard 98 exeovior and adminis Naor. ihad filed ftiton far te robo of his fates at il. Haryeth ope Ye eiition saying Yat the Oa ws et made oer dane it and ta ns roared by und a improper infers onthe prt of Rebar Reiitioner presented te atesing witestes. along wit he lay fu, etifed that ‘fe the decedent read a signed he lon enc page they oo ead ard aged some nhs presence ard of each ote: The winest Hana testified that he was the one Who prepared the drafts and revisions fran Erique bei the fra copy of Ye i was made. the MI dicatoned Yhe rote ofthe Wl fr fale o mpg wih Alle Bo of he Cul ode, wiih rapes aladement in the allestolion clause of the namber of ‘ag? uYed upon wich the Wl is wetNen. The RIC obsenied tha while the acne ‘ment pertion ated that the Wil Cons f 7 pages Incisive ofthe rlification and ‘acknonledgment, the Will realy had % On appeal the CA afpmed the RIC decision “ating thatthe fle 4 stale Tre nber of pages of he Wl in the atesion elaute was fla sue: wether or not Ane CA ete in alatowing tne probe of he diets ast Wil) DUNG: Te peition Yee me The law is clear hat the oestaion mi alae the ibe ef ag65 Wed up which Ae Wil is en, The ary of Me ais saenua@ aggnst sible interpolation or ersion of ene or some oS FEQeS. ond reer ony eee or detease in Ane pages. While Aree 904 allot vba campante for dees Inthe form of the aesiaion couse, Nehard Ite failed his rapeck Hee, the €h propery xtained the disaliowance of the Will PEON DENIED, aJeasiano ¥. leaslano Facts: On Gene £ Ou, the ake Suef Werle exceed a at lard estaent Inco he ewe of er dace Rita eon, pLO;SHe tre ad ale by 3 shea abs, amely: Ay Ts, Ay Navidad, ae: ig The Wt is, a aon ey ‘84; Ong on the dame doy, The Wil nas preared by AtY Lamson, wlio wa ako present ing ‘re eaition ert sion ofthe WL. moon Weed Hate prepa the gal and 2 tee cps, A oly br the egjral a re 9Fed cyt Pala Recds how thot the origina Willan of jap, lie signed at fhe end andi cvery PRR. FA rot entan the goa of ne of the ating wireses on one ofthe pages: oweer, the dupicale copy attache tothe aweried ard spplerentalpttin rad comple Sgroes. My. Naveed aise may ne ed ag ead of oe When he nas ‘Sepia, ths aus te nadvatence, BA dl ffir the oe as Sigped in a presente Newrtnvl the Court mwited both ne ayia and Agate Wil ile poate. Opn clo at Ye Wil Was ct exeoretin oxen. as the spades wee Po gare te iter or afised on he sme ccsen asthe erga ‘3 ‘Whether or not Sofa asians Wil, and it opiate, ray be admitted fo poate uae: (On the queso of tat, we hod th fe inadvertent fie of one Wiest to fxs Signa Yo one page of eckament Ae Ganeas fing of we pages in Ie couce of signings is nol perse feet fo ify drial of probote ‘The im shod nok be 6D shtly an lNeraly inherpeed a6 0 penalize dhe etatrix on account of the iadverlence ofa ingle WINES oer whe cndict he had no coil, Where the rn ofthe aw fo guaran the deri of the letament andits exponent PAGES IS sffcertly alicied. no inkerHional or deliberate devition exiled, nd the eidate con tezord atlests othe ful beranee of te cavhoy repiites. These precedent exrpies the car's iy 4 vie salisfacon of regal mgiemes ‘node to guard agains rad an be faith bot withoo unde or Unvecessony emet of the tesamnentary privilege. PEIMION DENIED,Gua w. Vtlasor Facts ‘The Cr of Gey allowed the prtbote of the Last Will and Testament of tne deceaved Valen rue Witsoe Fetoner Agila Crm, pe he alee fe id Wl aleging "was seed thr fod. ect an unde ingbenoe te Ml as ed ths "he estar hing fen rtd echt Ho and at the Wil mas re ved in cece ith ln Feboner pints attra althagh thre We 3 nsnentalwirestes nec Hem, Athy. es, 15 the Nel Ftc iho acknte gp he Wil a the se fie Tus he gues Haas veal, here were only 2 witness. Heanile, Pole Raspndent Loy ages fat ere ‘8 wostantial compliance it the egal reqvemert tasue Whetrer oF not te decedent's Wil wes eset in axeronae Witham, pro hy Mt: 109 an $06 of He New Gv cade RuuNe: We are inclined t seston thal of te apeliant Aha Ye Last tl and Testament ingestion Was not exected in ctor dance, with at The rotary pub before whom Ae Wl Wa ake rovileigs cannot be considered asthe third Iriromertl winess ance e caect geo ledge before hinnsel hs having signed Are wil, ‘ne fonction of a rohory public is, aneng oners, to ard against ony Nepal or mal ‘ananggrert. Tat freon woya te ded if the rohan ic were one of He attesting fnsiomental witresses. ‘To aloe thera pic oat as ia west ore of he aes and apelin, witnesses, rood have te eect of hain oy wp attesting witeses fo the Will, which wld be i eontavention of the provicions of Mice 15 and of Arie CO. The ves nou te, ac has been cid that any wo Wiese oppected bofore te Holay Roc for tna porgore. PETMION GRatED,Gabooan v. Manta ‘ras: ‘The CF of Camiguin dissed the przeeding forte frobate of he il of Rogciane atwcan, onthe gyeond tha te tease dose samp WAS nck aed Yo te ncaa acknowledgment nh Wil eee, sr WS iss In evidence The probate court assmed that the Ytaral Acknaledgment ef he said Will's se 1o ne 20: untae dcomertary tmp 1x Fed Se. 28% of Hae Tx Cle. Repose “wage feted fo recans det the dsmiteal inspite of Fehtioner’s mrnifestalion tote Yd aleady attached the demmertory samp fe the erga Will tissue: Whether or not the Wil hula be adkmiied for proba, Un the compiiance of He Feltionr withthe ceqited docomentary samp ox RULING! We ld thal the over cut rms eed in desbrng ra bcs ro omer comp 9s ajfied fo He Wil thee wane will and Hcl 4 poate” end corse thy, ve “lleged action must of necesiny be demised™ What the provate cort shold rave doe was 10 rey te Fellioner ex ropanen to ffi te piste Hey cenfovo daca sap toe rai ackenledgrent of ‘the Will wich is the face portion of tat doco ‘Trust wns held that that he downey samp male afied atthe Hee Ae ‘axable document presented in endenct: The We} re deanery samp on a ecoment does nol invalidate Such. PETITION GRATED.“ilana ¥.tedesena wae On daly 25 P58, the croft adi pete tte dacmerts, in Vsayan dalek the kstament and acicil enced by he deceased Aosta Leda cde alana On eveh 80 MSO and Hay 24 962 The oppor Noten ledesta,siserard rent rete of te dees apes he dais ‘sisting thal the Hill Was ot nected in axcrdance with la, Fcc He HBO Wi WS sok exothed bythe testy he presence the witness; the acknoedgmant case Was gtd ond the nail veal wa afied witout he pence ofthe eka and the wires. and ft, the cil wold have been verde invalid espordnis cofend thal the curt ered in refusing he Yestmony of er witnesses, 0 ond Vidal, the ecole and diver respeinely ofthe deceased. Pon Aeshified Nhat Yap. one of fhe witnesses of the Will, reg te Hestament to Apia and aged Mer {ogo to Ay: Wabiara'sofce to sgn thee. Noweer, Apoirvia sai abe ou rot go as.ine was pet feeling vel, ad insted ae signed the paper thee an then in he peso of Yap ony yssute Whether er not Ae Wl was propa rende in acordanc, withthe la, and tus be ‘adnited 0 probate puns: cur exaiation of he HStimony on record distoses no gfaUrs for veering te hia Court's jection of the niprtnle stony of the witnesyes: Wether o no Ye weary eolaeral attach. sssur WWheter or nol the Wi, a0 inesiote Cor, Fas juris detion to resaueayesions of ownership une: Wie ho thatthe IC, at an inks Cou jucitction fo vesoNe te Same. Te geal oes that te isin fhe fl Gat, iter Xa bale Bran ines Co, es ny te mates hang oo withthe robe of the Wl andlor selement of e ecine of eesed Fe, nds no eter fo He delerinaion of zens of esi a ne ing ne proceedings. Al atte tid cout odd do 0s gas Sui prope i fo deter. wheter Fro Hay shold Inleded In he estoy of OES to ean kied by he ain tebe. Varevet this general ne is bec to ecepons as sti by nedienay and convenience We Fo ot the gerade oot opty inte stant case conde athe pats a, {A eg ef Seoquin. ad ato rigs of 2 artis, Wil imped the elon of re ‘oucersrip asve-FETTION DENIED 6e tags 9. e Bera as Francisco de Bova, upon the death of his wife Josefa Tangpo on Cover HO, fled a Felton for tne probate of Per Wil wit he EF of Rn he Will ig protaied Apri AL In 19M, Frames Was apne excarer ard administrator wile in F252, tele 0m Tose, was appointed co-adeninishrater. When Francisco died, Tove became, the sole éerinistrator of he ecole of Ince Fancise> ova 2 rafe when Tose died, asia Longing allegedly. Upen Wareto' death, Tsina intvied texte praedigs, ond was eventually appointed special aiministaiix: Te validihyof Yasiana'’s rrarviage to Francitco nas questioned inthe said prceeding re relaonthip betnicen the citden ofthe Fist mariage and Tasiana orgsngeo has teen plagued with several suits and aunle-sits. In exder to pan end 4 a these \Wigations, the pores ened into a CompromineRyfement The yrvineress ond de ceetution ofthe tid ayremert ig nck depute, baits validity i being eralerged oy ‘asian ongsiegpo on the ground that: 0 the bers cornck enter sch ind of agement Without Firat probing the Wiof Francisco; (2) the samme ioe compromise on ‘he validity of the marrige between taneisen and Yasiona., and @) exenif were, ‘wild, ts aed to hove free and effect. (sue Whether or not the compromise agreement is valid, even if Troncis:o‘s wil kos ‘ot yet been probated RUNG: es, the ayeeman is valid. The agement stipulated that Tasiana wil veceve Fea 4 fll payment for ner reteitary ge in he estate of Transco and Sef There was here no atlernph to cette or dishribUIe the estate of Froneseo de arnong te Weirs hereto before the protate of his Will. The cea object of te contract Was erely the caneyance a Tastona Ongings of any and ole individual shove and interest ctual or ental, in he estate of Franesed de Boa and Iesefo lang. There I$ no stipulation as to any other claimant, cveditor or leper. fina as 0 hereditary share ina decedent's estate is ancmitied or vested iemediatehy orn the raownent of data of uch anosatte or predecessor in intrest (Civil Cleef the Philippines. Art. 79) thee eno egal ar toa suaessr (with equste centactng capacity) dspesing of Ver oF his hereditary Shae imaeiokey ofterax%h deal, e¥n if Hoe actual extent of so share is not dolermined vail the suocequen hayidation fhe estate 41H tei wor of roe inthis emnection that at the surviving spate of of Hance 4e axa, Ysera OngingzD Was Wis comply er Urey AE ABD fe ree Chl ae where, tring unworthiness valid disihertaNe her skeen nee exes iment of Faria de Bag’ fst il ad Yemen and woud ext even san Wl ver rt poked tell Th he peep ofa vio oe fhe Wil a ctabsrel Ire Gievarva ant anaes cases, cane appl re case fosiann Orgsirgg Wn Ae de tain aqGan ¥ Yap reas Telicidad Yap died of heart failure, leaving properties in Bulacan ond anita. fos! Gan, her nepnew, iio preceedings witha Pein forthe protate of a Feegrapis Will aigedy executed ty the donsed Her suniving bana Iidefrso Yap oppeed the petition and asseried hat the deceased nad fot et any Wil, ne exeeved ay festa ‘arin her lifetime During the proote, the alleged Wi ite Has no presented. Fetioner tried fo estabich is contents ana de execution bythe Staemerits of te Wireses. Aamnaing to trem, Felcided did rot nant her hasoard fo how oti, tt Se nad made Krein 4 Fer alr rates that she ere a Wil ‘Ml hearing, he Sudgy refed to prota the Will en aotount of the aserepncies axising fons the facts. The cool found 8 sMorge Wo Retod made Fer Wi kD to so many of her relatives, when she Wanted fo eep ita sere ond she Wad not Hane comried it ner pucse in He Wasp, knowing her haoand mayne. acs toi Inthe face of these improcobiles, the 1d ed rat Feed dd rok and od oot Ihave execnied 88h hehe Wil (SSUE Wiretrer o nota hlayaphie Will ray be pobaied UR He tesHenony of whee who brave allegedly seen it and detared ik ws io tending ofthe iesiator RULING: The SC ruled thatthe exention and he caret faust or desroyed Fokepic Wi vray mot proved by the bare einen of witnesses wo have seen andl rad seh Wl The New Civil ate effective PEO raved the asin en elgrapic Wills in At {o-s. A parson troy exere a hoagopie Wl) which ml be enely wie, dled, and Sgoed ty He nd ofthe Kaldor hit is jst foo other frm and may be mode in or ov of the Priligpnes, ond need no} witnessed * Te witnesses need nol ave Ser the exciton of the oleyeaphic Wi but they mat le famitiar with the deceden'’s handriing- OovoiSly, when tne Wil AEE, is pot worried, these means of eppstion, and of assessing Ye evidence are no avilable. ‘hed then the only quorany of authentsty ~ the slaor’s hardin Ha dioppee PENINON DENIED. ryRodelas v. Arana Facts Or Soruory RTT, Novela HAE fled a elon fo he poco of fe ebgraphi Wl of Ricardo Bonilla, and the issuance of letters testamentary in her fOr with the CFI of Rita Tris was oppose by Respndents Avro Arta ethers en te grt Wat Rods was ‘lopped fom clairing ol the Ase et al #20 ays ve pased sme fhe aan of the tsar, a aired ver the Rls of Ga; he Nl ot clan a dain fe ‘propery, ard ths care be ested a ll he ginal Wi mst ve pce ero} 4. copy threo fori prodies me effects and Wot the WIE the deceased nes aot ode in acotdanee Wit Law spenders agin moved to gris an he youre Wak sto dehed Felogyaphie Mls cannct oe proved by eandary evidence, unike cxdinery bis. his was deri’. Upon HR, the Cot seaside its dsmisa\ end intends dissed the petition for probate, tating Yr oe, ‘he exiginal copy ofthe blanyaghle Wil ls. a copy conn stanain Lew of the ong ‘ss Wether orn a holographic Wil, whieh was ast carn e feand, Ue proved a teas of polostatic copy RAIN Pursuant Arie $9 of te Cui ade, protle of holographic WIS i he alone of ne Will byte ourt after its be eeorlon hasloeen pried. the probate may ve urease} to nok if carted a eat ne eign ides feed andro its is wollte, experts era be esr: contested at eek ree identifi widrses reaped ont, if the hegophic Wil tos en lst or destroyed and no othe copy fs sabe, the Will cannot we probated becouse the bast and ey event ithe Randeiting of he Aesiator in id Wl eta phoesatic spy or ver copy he Fcgraghic Will may be alowed eon Cornprisen cane made ita ee sontord witirys of he lsh Evident, the Pls tatic or xem copy of he atx evnayed hokgaptic Wil may be Aberited becuse tren Ye aut of Ye Fandwsting of te Becensed can We deter Ye pote cant. EITION CRANTED. “4‘Azaola v. Singer Facts: On Sepemter 4 PEN, forlvrala Wn de Yonce ded od ea Rolageaphie il dated Nvemer 20 now. Feioner Tarik Atoda sme) Nhe Vil for pric, where Hara ‘radia was name) le ei, as ain re cephen of he decosed Caro Sngson Fettioner tified that ahuk a mtanth befre the kstobrin's dean, Re Saw the hologyahs ‘nit wine it was given Yo fin: a8 Wel @S fo the sighotwes in the Will 96 He Randhyrting ofthe teat. He psnted evidence, 1 prove he aentty of He signatures. The cased vale of We property ie PAK Requert Seg eed te ston fr poole on We end Ha he acon of ‘he wil was proeared by Mave and improper Influence By ine Petitioner and His wife, and tot the fstab did nc seriously nl the intrumet fo We Fer Last Wil. Cesario (orient fre Will wo tele oF Pat ABT, nd nck over 29 The Cou dered pate onthe grand Hat under tela. her shade 5 witness who ld detloge thatthe Randuiing and sgpatve ae Woot of re tstolein. ond lbecmse the ine witness did nl tfficlenthy prove hak he il was i Hoe andor, of Me Ketan» Pit appealed thal te Wes ro bond Yo produce & witnestes lecayse the authenticity was not questioned (sue: Wwheiher or net Article tof te New Gul Code 8 wemndatony or permissine tite: We agree with he apelin tral since he athentcty of the Wil was nat eekested he wos nol reyired Yo produce more than one nines BA een ifthe apmvineness of the Woloayagic Wil Nee contested, we of of Yhe pinion trot tite gf oe present hil Code connate imlespeked as fo Keir Me mpAsony presetalion of ince trees Wenify toe harding ofthe slot, ynder pena of hang the podote dered ai cone bw gpd a he eget can te ce mentary aly The "ie ceiving Pesscion of nee vilenes make dered meey geissNe fasicd Yeats ve fo be avoided Ou concusion is thal Ane Wve of the fth poopyagn of Ace BN of he cut Code Is merely dicectny ond is vot mandatory, PETIHION GRATED.Catoy v. Calugay nels: On npril ¥ 0, Resndents argeline Calgay, Kener ith teehee legaees ond evisees of the holographic Will of the deceased Halide Sera Ya. de Rormonal, filed fettion fr the pita of the Laer Wil, WR died on erway Ws AO: The pein alg thal Ine felahin was sun an sping rind when she excited Ine Wil on 0 ugst 80 we Felvoners Erin Coday and tara oped Hoe pein, agi fe Hi wae 0 forgery ond cen iegibe. guirg the imprestion thal acter peron wrce te Wil, ‘And assuming that He Willi nal faged. it wes proased byundve ard improper pressue and injlvence. on the part tne Deneficiaies. Respondents presented evidence leh Hal te Namating ad sinate of he lesan is athentic. Feltioners filed a deme. The RC ganied the demoter and denied the prota Of the WNL On appeal, the CA reversed the RE decision and ailewied the probate of te il. 1s50e: Whether o¢ nol he provisions of Artie, $1 of the Civ Cde is seandalory ar perissie RULING eae carinced, ted a re langage ied, a Arte St ofthe cil dle mandlony The word "eal? annals & mandatory order. In ne case Aba, te pal to achieve to give eft fo the wise of the deca andthe ei i be rested te sty thal unsceypdovsinividels who fr ter benefit wil map meant Ye defeat the wishes of the testator: The Object ofthe Solemnities samounding the execaion of Wis i to close the. door {apna ad (ah and faa, o oid asintion of WS and ataments an ge theic th ard authenticity. Therefore, the Ts on his sue era inkerprete in se away. a Yo ain tet primordial end, Aviso examination of the tegraphic Will caning US Ua he erokes axe erent hen cape wit oer centers writen by he Hester. The dgoahne of the fesintor i sme of he dsiion is not readable. Weve Wee never es. ecing and rasres on the Wil PETITION GRANTED =Uy Kian Erg v. Nixon Lee Frais On May 28 2001, Respendent Nien se fd a Reon for Bandara with damages lejre the Harta RIC te compe Plioner Uy Kao Brg 10 pode the Hil of the deceased so Wot protote receeaings fr We allarce hertof éouid Be nstitled Lee alleges that his fether pases anny on Sune 22 FAD. and Wt a hetogcahc Wil ihich icin fetioner: eastody lee dais Yat We Fos reayested his ater to see the estate and to deliver the inheritance tothe Weir, WA Petitioner refused 49 dos Teitioner meved to distass the pation, denying tha the had austody of the ofa olggapric Wi or kes of is wheroat®, and ass ral copies of We wll vee guen to the Resp ond vis Song. ier pesentotion of eidente, Feeney demorea. The RI eiginnly denied the demster bai tanta he some vper HR. Oa appeal the CA iia ened tne appeal fe ack of rent Opin MB, the Ck read its wing and ganted the Felon fr Herreus YesuE Whether or tot a feiton for Handames i the proper rernedy ung: ‘he Court cannot sstain the CAs iestonee of fhe rit eccypied in this joie is the psi that Handamar carrot ke used 40 enforce enkrctva obligations. The writ 6 te appropriate 10 ene aprile ght against an individ. The weneedy of Mandamus cannot be avaied of by the Respandert because there es anctet pin, speedy, ond dee reredy in the inary sounse of Yaw: The Res of Court does eck prevent im from insitoting pronte proceedings fpr the atlowonce of the Will whether the Sore {6 in his pssision or not under RaW Rein FENIION, GRANTED. a2Tags ¥. Pinas were Oh Newer 2001, Rperia lagna a filipino vino became a rokalted US citizen, cd single and cites nthe Last Wil sh ELA in California, dhe dagnaled her tothe, fejo Plagonas as execter of er Wil forse ke popes in he USed Pritippines On Hayy 2005, Reenter Erneo alana, acon oer of ier, led wh He Ic a pion forthe poate, of Rupertas Wil and Ht apse as sec ais: fusor ofthe eiove. Peiners Mamie ard Berwin, nen Rupert, opposed #RE Felition on the grand thal the Will dud oe rotated i he US where. she exer the ils ia for fig ten envied unde des, and Wt Resende & mo qualified fe act as admirishator ae. The RIC adwited Ruperts Wil oprobote ond appsiniing Emesto as seal aminish, 4 he repost of Seg, the US-based een designated in the Will On oppeol. the CA affirmed the RIG dessin, holding iat he potete of the Will Was prope, stating thal under the Rules of Cot itis nol veayired to have Wil rotated ard alone in the country ofits exeavtion before being probated Wee in he Priippines esue: Iwnethiey or nok a Will exceed by a facgner aorond may ve groaned in He Pips, although has cok peer rebated and altoned it Ahe cout where it Was. exeavted RULING: Coram do rah probit the probate of Wills executed by facigherS dbreod alta he nro have rok a el bec probated ond aloned i the courbes of Hei egction- A foreign Wil cane giuen kaa ees no jrisdchion. Arile 8 of the Civil fose ies that the Will ofan lien wi it abroad pres effec in the Prilippnes if made in actowance withthe frmaliis scribed ty the Kr ofthe lace where Ne Yess, | according 1 the frmalities oksered in is contr Theres dock require pro thal ne feign Will Was alrendy been ated and probated in the country ofits execution. PETMON DENIED,allatosa v. Arcaryel free Florentino Galanosa exeniied a Wil in PS when he was. 60 yrs He ganed Pxcels of fad al val ene. He ied in FEM cides ard sued yi beter ean 9 ‘is Wi, he Uequnited his Yo shave of he cochgAleae fo ris 2 wife Tela ond if she redeceaye then, the sid Shave shal UF asigned to he Jpases Solanra, Reo and Corazon, Fero is Yeas on by her raniage. He ato ge $ pret of land fo Naf, hit protege ‘ne wid Will wns admitted fo bale wie Gallanosa as executor. In 452, the legal Iwi filed an action for he recovery of He said Ul pels of land. The action was iristed onthe gourd of ein. Then, 28 ors ater the pate of the lil arother action against Galan fr We anewimart of tre Wl, aery of te lands aeaing fraud and deceit, wa led. Ata et, the lawer cot wl aie te a4 ‘decee of probate issue Whether oe not a Wl wih has aendy been polled may stil be aeruled Wuune No. The dz of probote is conchxive 05 to te due exeellon oy foal validity of the Will. That meane that the testator was f ound and epocng end al the Hime be exenated the will and was rok acting under des, menace, ra, or unde Inlence: ‘at the Wil was signed oy rien in he presence. of the reaped nurier of witnesses, cad thal the NiNis goon. PETTHION ORANTED.Dela cexna v.Fotot aes: 1 Hay 4 1959, Spokes Bema and Gera dela Cerra exiled int ast i xd Testament the Sil sated tha he 2 parcels of lan theyacauired during tele rrarige nou goto Hania Reba, ei ee sre hey wee cise. Hower, ile either of mem ae hi veg, al the fis of res os vem i her. ema ded ot Aust 30 MBA, The Wil HA Berit 40 prota by Centacin and Nanvela As ther was ne oppesition, the Curt deored the coment legalized a5 te {ast wit and Testament ef Bema, only: On Cetober 62, Gentla died and another Fein forthe probate of We sere Wit The case was dismisted wnen Hanvels ars Aanyer failed to apgenr for ihe heaving The oxtered the Fetton Far ar dectoed te estarren moll and vo for being executed contrary fo the pronitticn of Jit Wl ie the Cit Oe Ur at 18 Onoppen by Horta, the Ch reversed te CF dacsion othe grand Ar Ihe cre. Of prodnte in aA was sued bya eur of procote ursdicion and exreasve cn he ve exostion f the testament sw Wetter oF CO Hoe Will ay be probated RULING “ne append decision corey Felt the final cree of proce, enfered i 8A voy the Court of ir Instance ef C20) sconce eft 0540 is ast lad Aestannertt despite the {otk Neat even then the Cyl Cote, aendy deed Ate inal, of joint Wilts, The probate decree in RBA coud em ofect Ae sare of te deceased hssband, Bernabe dea Cerna, eovidnck reiode the dicpostion ofthe shave f the wife, Cervo Reanca, vine Wes then sl alive, and ie wise Interest in the eiagal ‘properties the probate owt acquired 10 jurisdiction, ‘Therefore, the undivided Interest of Genvosia Reboca shoud pass upon her det+> her iis nkestale, and wot excusiely fo the testamentary Fer. CA DEISION ARPIRNED.