Facts:

The case involves Constantino C. Acain as the petitioner and the Hon. Intermediate Appellate Court, Virginia A. Fernandez, and Rosa Diongson as the respondents. The events leading to this case began on May 29, 1984, when Constantino Acain filed a petition for the probate of the will of his deceased father, Nemesio Acain, in the Regional Trial Court of Cebu City, Branch XIII. The will, allegedly executed on February 17, 1960, named Constantino and his siblings as heirs. The will was written in Bisaya, with an English translation provided by the petitioner. It included provisions regarding burial rites, debt payments, and the appointment of Atty. Ignacio G. Villagonzalo as executor. Notably, the will specified that all shares from properties and earnings with his wife, Rosa Diongson, were to be given to his brother, Segundo Acain. Since Segundo predeceased Nemesio, his children, including Constantino, were claiming their inheritance.

After the petition was set for hearing on ...

Facts:

Background of the Case
Petitioner Constantino Acain filed a petition for the probate of the will of the late Nemesio Acain in the Regional Trial Court of Cebu City, seeking to be issued letters testamentary. The will, executed on February 17, 1960, was written in Bisaya with an English translation. It included provisions on burial rites, payment of debts, and the appointment of an executor. The will also stated that all of Nemesio's share in properties acquired jointly with his wife, Rosa Diongson, would be given to his brother Segundo Acain. In the event of Segundo's predecease, the properties would pass to Segundo's children, including the petitioner.

Opposition to the Petition
Respondents Virginia A. Fernandez (a legally adopted daughter of Nemesio) and Rosa Diongson (the widow) filed a motion to dismiss the petition, arguing that:

1. The petitioner lacked legal capacity to institute the proceedings.
2. The petitioner was merely a universal heir.
3. The widow and adopted daughter had been preterited (omitted from the will).

Lower Court Decision and Appeal
The trial court denied the motion to dismiss. The respondents then filed a petition for certiorari and prohibition with the Supreme Court, which referred the case to the Intermediate Appellate Court. The appellate court granted the respondents' petition, ordering the trial court to dismiss the probate petition. The petitioner's motion for reconsideration was denied, prompting him to file a petition for review with the Supreme Court.

Issue:

The following issues were raised by the petitioner:

1. Whether certiorari and prohibition were the proper remedies.
2. Whether the probate court’s authority is limited to the extrinsic validity of the will.
3. Whether the will of Nemesio Acain is valid and should be admitted to probate.
4. Whether the preterition under Article 854 of the Civil Code applies to respondents who are not compulsory heirs in the direct line.
5. Whether the testator's intention should prevail in determining the validity of the will.
6. Whether the petitioner, as an instituted heir, has legal standing to file the probate petition.
7. Whether Article 854 of the Civil Code is unconstitutional.

The pivotal issue was whether the respondents had been preterited under Article 854 of the Civil Code, which annuls the institution of heirs if compulsory heirs in the direct line are omitted.

Ruling:

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Ratio:

• (Subscriber-Only)