Search EN Upload Read free for 30 days

What is Scribd? Documents

Download 1 of 6  Search document 

 0 ratings · 80 views · 6 pages You might also like

Seangio Vs Reyes Document 2 pages

Dy Yieng Seangio Vs Hon

Uploaded by Ivan Montealegre Conchas on Nov 18, 2017 AI-enhanced title Reyes
Francis Coronel Jr.
Succession: Institution of Heir Full description 100% (1)
     
Save 0% 0% Embed Share Print

Document 9 pages

Download 1 of 6  Search document  Seangio v. Reyes, 508 SCRA

177 (2006)
Phulagyn Cañedo
No ratings yet

SECOND DIVISION
G.R. NOS. 140371-72, November 27, 2006
DY YIENG SEANGIO ,BARBARA D. SEANGIO AND VIRGINIA D.
Document 1 page
SEANGIO, petitioners,
VS. Seangio v. Hon. Amor Reyes:
HON. AMOR A. REYES, IN HER CAPACITY AS PRESIDING
JUDGE, REGIONAL TRIAL COURT, NATIONAL CAPITAL JUDICIAL Case Digest by em Epsan…
REGION, BRANCH 21, MANILA, ALFREDO D. SEANGIO, ALBERTO
D. SEANGIO, ELISA D. SEANGIO-SANTOS, VICTOR D. SEANGIO, Batoon,
Karen LLB-4, Andres
Ronquillo
ALFONSO D. SEANGIO, SHIRLEY D. SEANGIO-LIM, BETTY D.
SEANGIO-OBAS AND JAMES D. SEANGIO, respondents. Bonifacio
100% (1) Law School, SY
PONENTE: AZCUNA, J. 2018-2019
Facts:
On September 1988, private respondents instituted an
intestate proceedings of the estate of Segundo [SP:98-90870] Document 22 pages
in RTC NCR. Petitioners opposed contending mainly that
Segundo left a holographic will disinheriting Alfredo for cause; Succession Reviewer
hence, intestate proceedings are suspended and replaced by
the probate proceedings of the will. On April 1999, petitioners Elias A Apalla
filed a petition for the probate of the holographic will No ratings yet
[SP:99-93396]. On July 1999, private respondents moved to
dismiss the probate proceedings primarily on the ground that:
(1) the holographic will does not contain any testamentary
disposition, but only acts of disinheritance, hence it is not a will;
(2) other compulsory heirs were not instituted, hence there is
preterition which would result to intestacy.

Petitioners opposed the motion arguing that: 1) private Document 2 pages

respondents question the intrinsic and not the extrinsic
validity of the will; 2) disinheritance constitutes testamentary
Article 854 of The Civil Code
disposition; and, 3) the rule on preterition does not apply States: "The Preterition or…
because the will does not constitute a universal heir or heirs to
the exclusion of compulsory heirs. On August 1999, the RTC Omission of One, Some, or
euchrissa
dismissed the petition for probate on the ground of
preterition . When their motion to reconsider was denied, they All ratings
No of Theyet
Compulsory Heirs
filed the present petition for certiorari. in The Direct

Document 11 pages

DKC Holdings v. CA G.R. No.

118248. April 5, 2000
Krison Laforga
No ratings yet

Document 2 pages

Seangio Vs Reyes
pja_14
No ratings yet

00:01 03:54

Document 2 pages

Merza vs. Porras (93 Phil

Unlock this document 142)
Issues: Read and download full documents.
1. Whether or not the holographic will complies with the walbert
formalities required by law. [YES]
No ratings yet
2. Whether or th Subscribe
e disinherwith a free
itance trial
of Alfredo constitutes a
testamentary disposition. [YES],
3. Whether or not ther Cancel
e is anytime
preterition to warrant implied
revocation by law of the holographic will. [NO]
OR
Ruling: Document 2 pages
PetitionUnlock this page
is Granted. aker an
RTC Order ad Aside.
is Set
Dy Yieng Seangio Et Al. V
Parties’ Arguments:
Hon. Amor A. Reyes
10
First, respondent judge did not comply with Sections 3 and 4 Gillian Calpito
of Rule 76 of the Rules of Court which respectively mandate
the court to: a) fix the time and place for proving the will when
Issues: No ratings yet
all conet
1. Wh cer
hened
r ormay
not app
theear
hotologrcon
aphites
c t wi
the allmp
ll co owanc
lies ewithe
threo
thf,
e
andformalities
cause notice of such
required bytime
law.and YES
[ place ] to be published three
we
2. ek
Wh setsu
hecc
r eor
ssive
thley di
pre vioer
sinh uit
s an toce the apfrped
of Al oint
o eco
d ns
time
titutein
s a
newspaper of general
testamentary circulation;
disposition. [ YES and,
], b) cause the mailing of
said
3. Wh notice
ethertoorthe
noheirs,
t therlegatees
e is pret and devisees
eritio n to wa ofrrthe
ant testator
implied
NO Document 6 pages
Segundo;
revocation by law of the holographic will. [ ]
Succession - Preterition,
Second,
Ruling: the holographic will does not contain any institution of
an heirPetition
, but rathiser Granted.
, as its tiRTCtle clOrder
early st isatSet
es, Aside.
Kasulatan ng Holographic Will
Pag-Aalis ng Mana, simply contains a disinheritance of a
c ompulsArguments:
Parties’ ory heir. Thus, there is no preterition in the Suharto Burungawan
decedent's will and the holographic will on its face is not
No ratings yet
intrinsically void; judge did not comply with Sections 3 and 4
First, respondent
of Rule 76 of the Rules of Court which respectively mandate
T hircourt
the d, thto:
e a)
tesfix
tatthe
or time
intenand
dedplaceall for
hisproving
computhelsorwill
y h eirs,
when
pe
allticon
tioncer
ersned
anmay
d priv appateearretospon
conde ntts the
tes alikall
e,ow with eth
anc e reo
the sole
f,
ex ce ption of Al fred o, to inh erit his es ta
and cause notice of such time and place to be published threete . No n e o f th e
compulsory
weeks succe heirs
ssiveinly the
predirect
vious lineto of Segundo
the appoint were
ed tpreterited
ime in a Document 1 page
in the holographic will since there was no institution
newspaper of general circulation; and, b) cause the mailing of an heir;of
said notice to the heirs, legatees and devisees of the testator Seangio v. Reyes (2006)
Fourth,
Segundo; inasmuch as it clearly appears from the face of the
holographic will that it is both intrinsically and extrinsically Steven Jensen
Second, the holographic will does not contain any institution of No ratings yet
an heir, but rather, as its title clearly states, Kasulatan ng
Pag-Aalis ng Mana, simply contains a disinheritance of a
compulsory heir. Thus, there is no preterition in the
decedent's will and the holographic will on its face is not
intrinsically void;
AD Subscribe to remove ads.
Third, the testator intended all his compulsory heirs,
Document 3 pages
petitioners and private respondents alike, with the sole
exception of Alfredo, to inherit his estate. None of the #19 Dy Yieng SEANGIO,
compulsory heirs in the direct line of Segundo were preterited
in the holographic will since there was no institution of an heir; Barbara D. SEANGIO and…
Unlock this document
Fourth,
valid, res Read
inasmuch
ponde nt and
jud download
as ge
it clearly
was man full documents.
appears
dat ed from the
to proceeface
d witof
h the
Virginia
Jui D. SEANGIO
Provido
holograpof
hearing hicthe
wiltestate
l that it is bot
case; h intrinsically and extrinsically
and, No ratings yet
Subscribe
Lastly, the continua tion of with a free
the pro trial
ceedi ngs in the intestate
case will work injustice to petitioners, and will render nugatory
Cancel anytime
the disinheritance of Alfredo.

----- OR Document 2 pages

Unlock thiswill
The purported holographic page aker anthat
of Segundo ad was presented Dy Yieng Seangio Vs Reyes
by petitioners was dated, signed and written by him in his own Stephanie Valentine
handwriting. Except on the ground of preterition, private
10 authenticity
respondents did not raise any issue as regards the No ratings yet
of the document.

Th
valeid,do cupo
res me nt,ntenjud
nde titlge
ed was
Kasumanlatan datng
ed Pa
to g- Aacee
pro lis dng witMa na,
h the
unm
hearingistaka
of bl y sho
the wedcase;
testate Segundand,o's intention of excluding his
eldest son, Alfredo, as an heir to his estate for the reasons that
he
Lastlycit,ed
thetheconreti
innua
. Intionefof
fect , Al
the frecee
pro do diwa
ngss indisithe
nher inittes
ed tat
bey
Segundo.
case will work injustice to petitioners, and will render nugatory Document 2 pages
the disinheritance of Alfredo.
For disinheritance to be valid, Article 916 of the Civil Code Doctrine: A Holographic
requires
----- that the same must be effected through a will wherein
the legal cause therefor shall be specified. With regard to the Will, As Provided Under…
reasons for theholographic
disinheritance will that were stated by Segundo in
The purported
his document, was the Court
of Segundo that was presented
Article
Riena 810 of The Civil Code,
Mae
by petitioners dated,believes
signed and thatwritten
the incidents,
by him taken
in his ownas a
whole,
handwrcan iting.beExconsidered
cept on th a form
e grou ofndmaltreatment
of preteritio ofn,Segundo
private Must
No Be Entirely
ratings yet
by his son, Alfredo,
respondents and that
did not raise any the
issue matter presents
as regards a sufficient
the authenticity
ca
of us
the e document.
for the disinheritance of a child or descendant under
Article 919 of the Civil Code:
Ar
Thti
ecldoe 91
cume9. nt
Th,e en
foti
llow
tledingKashsualla
l ta
ben su
ngffici
Paeng-tAa
calius
s es
ng fo r na
Ma the,
disinheritance
unmistakably sho of children
wed Seg and
unddescendants,
o's intention legitimate
of excludin asgwell
his
as illegitimate:
eldest son, Alfredo, as an heir to his estate for the reasons that Document 3 pages
he cited therein. In effect, Alfredo was disinherited by
(1) When a child or descendant has been found guilty of an
Segundo.
Supreme Court: Miguel D.
attempt against the life of the testator, his or her spouse, Larida For Petitioners.…
descendants,
For disinheritan orceascendants;
to be valid, Article 916 of the Civil Code
requires that the same must be effected through a will wherein Montilla
Luke Law Obice For
Concepcion-Butay
the legal cause therefor shall be specified. With regard to the
reasons for the disinheritance that were stated by Segundo in
Private
No Respondent
ratings yet
his document, the Court believes that the incidents, taken as a
whole, can be considered a form of maltreatment of Segundo
by his son, Alfredo, and that the matter presents a sufficient
cause for the disinheritance of a child or descendant under
AD Article 919 of the Civil Code: Subscribe to remove ads. Document 24 pages
Article 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well 10 Formal Requirements For
as illegitimate:
Holographic Will
(1) When a child or descendant has been found guilty of an Nimpa Pichay
attempt against th Unlock this
e life of thedocument
testator, his or her spouse,
descendants,
(2) Read and downloadhas
or ascendants;
When a child or descendant full accused
documents.
the testator of a 67% (3)
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found groundless;
Subscribe with a free trial
(3) When a child or descendant has been convicted of adultery
or concubinage with theCancel anytime
spouse of the testator;
Document 3 pages
(4) When a child or deOR scendant by fraud, violence, Seangio Vs Reyes GR
intimidation, or undue influence causes the testator to make a
Unlock
will or to change this page
one already made;aker an ad No.140371-72
(5) A refusal without justifiable cause to support the parents KidMonkey2299
10
or ascendant who disinherit such child or descendant; No ratings yet
(6) Maltreatment of the testator by word or deed, by the child
[8]
or
(2)descendant;
When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
(7
or )more,
Whenif the
a ch ild or desc
accusation enbeen
has dant found
leads groundless;
a dishonorable or
disgraceful life; Document 8 pages
(3) When a child or descendant has been convicted of adultery
(8) Conviction of
or concubinage witha crime which of
the spouse carries with it the penalty of
the testator; Case Digests
civil interdiction.
Josh Napiza
(4) When a child or descendant by fraud, violence,
No w, the crit
intimidation, icundue
or al issuinfluence
e to be causes
determthe
ined is whet
testator tohe r tha
make e No ratings yet
do
willcuor
metontchange
execuone ted already
by Segu ndo can be considered as a
made;
holographic will.
[8]
(5) A refusal without justifiable cause to support the parents
A
orholographic
ascendant who will,disinherit
as providedsuchunder Article
child or 810 of the Civil
descendant;
Code, must be entirely written, dated, and signed by the hand
of
(6)the testator himself.
Maltreatment of theIttestator
is subject
by to no other
word or deed,form, andchild
by the may
b
ore descendant;
made in or out of the Philippines, and need not be
Document 12 pages
witnessed.
(7) When a child or descendant leads a dishonorable or Ross, Lawrence and Selph
Segundo's
disgraceful document,
life; although it may initially come across as
a mere disinheritance instrument, conforms to the formalities For Appellant. Camus and…
of
(8)a Conviction
holographicofwill prescribed
a crime whichby law. Itwith
carries is written, dated and
it the penalty of
signed by the hand of Segundo himself. An intent to dispose
civil interdiction.
Delgado
brida For Appellee
athena
mortis causa[9] can be clearly deduced from the terms of the No ratings yet
Now, the critical issue to be determined is whether the
document executed by Segundo can be considered as a
holographic will.

A holographic will, as provided under Article 810 of the Civil

Code, must be entirely written, dated, and signed by the hand Document 21 pages
Subscribe
AD of the testator himself. It is subject to no other form,to remove
and may ads.
be made in or out of the Philippines, and need not be Miguel D. Larida For
witnessed. Petitioners. Montilla Law…
[9]
Segundo's document, although it may initially come across as Obice For Private
emem
a mere disinheritance instrument, conforms to the formalities
of a holographic will prescribed by law. It is written, dated and Respondent
No ratings yet
signed by the hand of Segundo himself. An intent to dispose
mortis causa can be clearly deduced from the terms of the

Document 5 pages

Art 919
Joy Orena
No ratings yet

Document 6 pages

Miguel D. Larida For

Petitioners. Montilla Law…
ObiceRae
Jusio ForReyes
Private
Respondent
No ratings yet

Document 1 page

Dy Yieng Seangio vs. Reyes

Marie Gabay Damocles
No ratings yet

Document 1 page

Dy Yieng Seangio vs. Reyes

AD Subscribe to remove ads.
Marie Gabay Damocles
100% (1)

Document 2 pages

Case Digest Facts

Randy Lorenzana
No ratings yet

Document 7 pages

Miguel D. Larida For

Petitioners. Montilla Law…
Obice For
Simeon SuanPrivate
Respondent
No ratings yet

Document 2 pages

40-SUCCession-SEANGIO V
REYES
Joesil Dianne
No ratings yet

Document 19 pages

Wills - 3 Digest
clarenceo
No ratings yet
Reward Your Curiosity
Everything you want to read.
Anytime. Anywhere. Any device.

Document 74 pages
Read free for 30 days 1.11 Civil Laws
fg
No Commitment. Cancel anytime.
No ratings yet

Share this document

Document 19 pages

Rodelas v. Aranza
    
Erick Franco Habijan
No ratings yet

Document 19 pages

Second Division
Son Gabriel Uy
No ratings yet

Document 9 pages

Succession Case Digests

CMG
No ratings yet

Document 1 page

60 Seangio vs. Reyes

Sergio Dragon
No ratings yet

Document 16 pages

Will 1st Week

opep77
No ratings yet

Document 23 pages

Rule 76 Case Digest

Compilation
DennisSayco
No ratings yet

Document 63 pages

Boom SuccessionCases
(FullText)
Gracie Naputo
No ratings yet

Document 11 pages

Analysis of a Decision
Regarding the Prescriptio…
of anRoxas
Kim Action to Reduce an
Inobicious
No ratings yetDonation that
Impaired the Legitime of a
Compulsory Heir
Document 2 pages

Dy Yieng Seangio, Et. Al., Vs

Hon. Amor A. Reyes
Adrian Cabana
No ratings yet

Document 2 pages

Seangio V Reyes 508 SCRA

177 (2006)
CARLITO JR. ACERON
No ratings yet

Document 3 pages

Sux Cont 2 CASE DIGESTS

FlowerHorns
No ratings yet

Document 25 pages

Sux Pang Recit

Jan Niño
No ratings yet

Document 13 pages

Imperial v. Court of Appeals

bunso
No ratings yet

Document 209 pages

2nd Recitation 783-795

Xandredg Sumpt Latog
No ratings yet

Document 12 pages

Seangio Vs Reyes
Simeon Suan
No ratings yet

Document 14 pages

Heirs of Amparo Del Rosario

vs. Aurora O. Santos PDF
Lucila Mangrobang
No ratings yet

Document 3 pages

4 Seangio Vs Reyes
Neapolle Fleur
No ratings yet

Document 3 pages

A.tapuz Vs Del Rosario

Jefrey L. Medina
No ratings yet

Document 6 pages

Santos v. Alana, G.R. No.

154942 August 16, 2005
Kobe Bullmastif
No ratings yet

Document 2 pages

Vs. Relova 132 SCRA 237 242

(1984), This Court Held
charmdelmo
No ratings yet

Document 19 pages

RTC: The Trial Court

Admitted The Decedent's…
Holographic
Kenneth Will To Probate.
Mataban
While
No Theyet
ratings Fact That It Was

Document 7 pages

Civil Law Review 1 Final

Exam With Answers
jade123_129
100% (1)

Document 7 pages

Spec Pro Assigned Cases

ConnieAllanaMacapagao
No ratings yet

Document 5 pages

Evid Cases
aisha20101954
No ratings yet

Document 41 pages

HolographicWill
Jurisprudence
Donna Villa Gaspan-Cerna
No ratings yet

Document 4 pages

Pecson V Mediavillo
Hiezll Wynn R. Rivera
No ratings yet

Document 9 pages

Seangio Vs Sandoval
Gutierez
mark paul cortejos
No ratings yet

Document 7 pages

Seangio v. Reyes: The

Document of Disinheritan…
Conforms With
Anonymous The
ZXUO1k3s
Requirements
No ratings yet of A Valid Will

From Everand

Simple Guide for Draging of

Civil Suits in India
Swetang Rataboli
 4.5/5 (4)

From Everand

Wills Law and Contests:

Writing a Valid Will, Trust…
Administration,
Adeyemi and Trust
Oshunrinade
Fiduciary
Duty 2/5 (1)

From Everand

Sample Motion to Vacate,

Motion to Dismiss,…
Abidavits,
Malikhai Notice of
Lewis
Objection, and
 Notice of
5/5 (19)
Intent to File Claim

Document 29 pages

RA-58 - Principles of Public

International Law, Brownl…
7th Edition,
Ivan Sources
Montealegre of Law
Conchas
100% (1)

Document 4 pages

Quo Warranto Opinion - J.

Leonen - ADMU
Ivan Montealegre Conchas
No ratings yet

Document 27 pages

RR 8-18
Ivan Montealegre Conchas
No ratings yet

Document 9 pages

RR 4-18
Ivan Montealegre Conchas
No ratings yet

Document 4 pages

RR 2-18
Ivan Montealegre Conchas
No ratings yet

Document 3 pages

RR 1-18
Ivan Montealegre Conchas
No ratings yet

Document 2 pages

RR No. 6-2018
Ivan Montealegre Conchas
No ratings yet

Document 6 pages

How Visualization Can Heal

You - Inquirer Lifestyle
Ivan Montealegre Conchas
No ratings yet

Document 4 pages

People Vs Base
Ivan Montealegre Conchas
No ratings yet

Document 2 pages

X Western Vs Cir Case Digest

AD Ok
Ivan Montealegre Conchas
No ratings yet

Document 6 pages

Dorotheo Vs CA
Ivan Montealegre Conchas
No ratings yet