Doctrines:

 Invalidity of one testamentary disposition does not necessarily invalidate all other dispositions made therein.
 Renunciation of inheritance by widower subject to limitation for his support and maintenance and preservation of his
legitime.
 Husband’s renunciation of hereditary rights and share in conjugal estate make these assets part of testator’s estate, but
without prejudice to creditors and other heirs.
 Preterition of surviving spouse who conformed thereto does not produce intestacy.

Balanay, Jr. vs. Martinez, No.L-39247, June 27, 1975.

AQUINO, J.:

FACTS:
The case is an appeal for certiorari to assail the decision of the lower court which declared that the will of
Leodegaria Julian void and thus converted the testate proceedings filed into intestate proceedings. The facts of
the case were as follows:
 When Leodegaria Julian died in February 12, 1973, she was survived by her husband Felix Balanay Sr., and
their six (6) legitimate children, which included petitioner Felix Balanay Jr., and his other siblings Avelina B.
Antonio, Beatriz B. Solamo, Carolina B. Manguiob, Delia B. Lanaban and Emilia B. Pabaonon. In
Leodegaria’s will, she declared that she was the owner of the “southern half” of nine (9) conjugal properties,
and that it was her desire that her properties should not be divided among her heirs during her husband’s
lifetime and that their legitimes should be satisfied out of the fruits of her properties. Thus she devised and
partitioned the conjugal lands as if they were all owned by her and disposed of in the will her husband’s
one-half share of the conjugal assets.
 Thus when Felix Balanay, Jr. filed a petition in the lower court on February 27, 1973 for the probate of his
mother’s notarial will, Felix Balanay, Sr. and Avelina Antonio opposed the probate petition on the grounds of
lack of testamentary capacity, undue influence, preterition of the husband and alleged improper partition of
the conjugal estate. Petitioner however claimed that Felix Balanay, Sr. already withdrew his opposition to
the probate of the will, by virtue of an affidavit executed by the latter and another instrument wherein he
waived and renounced his rights in his late wife’s estate in favor of their six children. In that same
instrument he confirmed the agreement, which he and his wife had perfected before her death, that their
conjugal properties would be partitioned in the manner indicated in her will.
 The lower court in its decision in June 18, 1973, however ruled in favor of petitioner and gave effect to the
affidavit and conformity of Felix Balanay Sr., and ordered the hearing of the probate will. In September 25,
1973, David O. Montaña, Sr., claiming to be the lawyer of petitioner Felix Balanay, Jr., filed a motion to
withdraw probate of the alleged will of Leodegardia Julian, and that the proceeding be converted into an
intestate proceeding. Since Avelina Antonio also manifested conformity to the motion, the lower court
dismissed the petition for probate and converted the testate proceeding into an intestate proceeding on
February 28, 1974.
 On April 15, 1974, Felix Balanay Jr. filed a motion for reconsideration on the ground that Atty. Montaña had
no authority to withdraw the petition for probate of the will and that such withdrawal was without their
consent. Petitioner argued that the lower court erred in declaring the will void in its order of February 28,
1974, notwithstanding the fact that it gave effect to the surviving husband’s conformity to the will and to his
renunciation of his hereditary rights and thus in its order in June 18, 1973.

ISSUE/S:
Whether or not the lower court erred in declaring that the will was void and in converted the testate
proceeding into intestate proceedings?

RULING:
Yes. The court held that The rule is that “the invalidity of one of several dispositions contained in a will does not
result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have
made such other dispositions if the first invalid disposition had not been made” (Art 792, Civil Code). The court
declared that the statement of the testatrix that she owned the “southern half” of the conjugal lands is contrary
to law because, although she was a coowner thereof, her share was inchoate and proindiviso (Art. 143, Civil
Code). But that illegal declaration does not nullify the entire will. It may only be disregarded.

Moreover, the court held that Felix Balanay, Sr. could validly renounce his hereditary rights and his one-half
share of the conjugal partnership but insofar as said renunciation partakes of a donation of his hereditary rights
and his one-half share in the conjugal estate, it should be subject to the limitations prescribed in articles 750
and 752 of the Civil Code. It should be stressed that by reason of the surviving husband’s conformity to his
wife’s will and his renunciation of his hereditary rights, his one-half conjugal share became a part of his
deceased wife’s estate. His conformity had the effect of validating the partition made in paragraph V of the will
without prejudice, of course, to the rights of the creditors and the legitimes of the compulsory heirs.

Since in this case, the preterited heir was the surviving spouse, his preterition therefore did not produce
intestacy. Testacy is favored. Doubts are resolved in favor of testacy especially where the will evinces an
intention on the part of the testator to dispose of practically his whole estate. So compelling is the principle that
intestacy should be avoided and that the wishes of the testator should prevail that sometimes the language of
the will can be varied for the purpose of giving it effect.

Thus the court moved to set aside the lower court’s decision and affirmed the hearing for probate.

Case Digest by: Alena Icao-Anotado pg. 1