FRANCISCA ALSUA-BETTS

VS
COURT OF APPEALS
G.R. NO. L-46430-31

JULY 30, 1979

GUERRERO, J
FACTS:

• Nov. 25, 1949- Don Jesus Alsua and his wife, Doñ;a Florentina Rella, togetherwith all their
living children, Francisca, Pablo ,Fernando Alsua thru this judicial guardian Clotilde
Samson, and Amparo Alsua de Buenviaje, entered into a duly notarized agreement, over
the existing. abaca and cacao lands and urban lands registered in the Province of Albay
and in the City of Manila. On January 5, 1955, Don Jesus and Doña Florentina( Doña Tinay
)separately executed their respective holographic wills in which were in conformity and
in implementation of the extrajudicial partition of November 25, 1949
FACTS:

• Their holographic wills similarly provided for the institution of the other to his or her share
in the conjugal properties, the other half of the conjugal assets having been partitioned to
constitute their legitime among their four living children in the Extrajudicial Partition of 1949.
• Spouses Don Jesus and Doña Tinay filed before the CFI of Albay their respectivepetitions for
the probate of their respective holographic wins in two separate special proceedings.
• After all debts, funeral charges and other expenses of the estate of Doña Tinay had been paid,
all her heirs including Don Jesus, submitted to the probate court for approval a deed of
partition, the court approved the partition of 1959 and on January 6, 1961 declared the
termination of the proceedings on the estate of Doña Tinay. Don Jesus Alsua died.
FACTS:

• Francisca filed a petition for the probate of the new will. It was opposed by her siblings
Pablo and Fernando, on the ground that Don Jesus was not of sound mind at the time of
the execution of the will. The will was disallowed. The daughter argued that the other
children, Pablo and Fernando, are in estoppel to question the competence of Don Jesus
by virtue of the agreement previously entered.
ISSUE:

• Can the second will be probated after his death?

HELD:

• Yes, for the fact of non-submission to probate during his lifetime of the second will does
not indicate any defect in the requisite testamentary capacity. Besides, a will is revocable
at any time by the testator while still alive.