Case Digest (G.R. No. L-46430-31)
Facts:
Francisca Alsua-Betts, Joseph O. Betts, Jose Madareta, Esteban P. Ramirez, and the Register of Deeds for Albay Province v. Court of Appeals, Amparo Alsua-Buenviaje, Fernando Buenviaje, Fernando Alsua, represented by his guardian Clotilde S. Alsua, and Pablo Alsua, G.R. Nos. L-46430-31, July 30, 1979, the Supreme Court First Division, Guerrero, J., writing for the Court.
The controversy arose from a long family succession and property dispute. In 1949 Don Jesus Alsua and his wife Dona Florentina Ralla (Dona Tinay), together with their four living children (Francisca, Pablo, Fernando and Amparo), executed a notarized instrument styled an Escritura de Particion Extrajudicial (Nov. 25, 1949) that purported to partition their conjugal properties and, by specific allotments, assigned particular parcels to each child. In 1955 both spouses executed holographic wills and in 1956 both executed codicils that, in form and effect, implemented or ratified the 1949 partition; those holographic wills and codicils were later probated.
After Dona Tinay died on October 2, 1959, Don Jesus served briefly as executor of her estate; a 1959 deed of partition among the heirs was later approved and the estate closed. About two weeks after his wife's death Don Jesus revoked his earlier holographic will in ink and, on November 14, 1959, executed a notarial will that (a) expressly revoked his prior holographic will and codicil, (b) required collation of the properties earlier donated to the children under the 1949 instrument, (c) made specific devises to his children and bequeathed the residue largely to Francisca and Pablo, and (d) named Francisca executrix without bond.
Don Jesus thereafter executed two deeds of sale transferring certain parcels to Francisca (one dated August 26, 1961 for P70,000 covering agricultural lots, and another dated November 26, 1962 for P80,000 covering urban lots). Relevant documentary evidence included the deeds themselves, receipts, checks drawn by Francisca payable to Don Jesus, endorsements, and a BIR receipt evidencing payment of transfer/inheritance tax.
Don Jesus died on May 6, 1964. On May 20, 1964 Francisca, as executrix named in the November 14, 1959 will, filed a petition to probate that will (Special Proceedings No. 699). Oppositors (Pablo, Amparo and Fernando through his guardian) challenged probate on multiple grounds (mental incapacity, undue influence, noncompliance with formalities, and contravention of the 1949 partition and earlier probated instruments). They also filed Civil Case No. 3068 seeking annulment of the two deeds of sale on the ground that the sales were simulated, without consideration, and otherwise invalid. The probate and annulment matters were jointly heard.
The Court of First Instance of Albay, after trial, approved and allowed the November 14, 1959 will (SP No. 699) and dismissed the annulment complaint in Civil Case No. 3068, holding the two sales lawful and valid; it also awarded P100,000 in damages and attorney’s fees to the defendants (petitioners here). On appeal the Court of Appeals reversed (April 4, 1977), denied probate of the November 14, 1959 will, declared the two deeds of sale null and void, ordered accounting and restitu...(Subscriber-Only)
Issues:
- Are the oppositors estopped from contesting Don Jesus Alsua’s testamentary capacity or the probate of his November 14, 1959 will?
- Could Don Jesus validly revoke his prior holographic will and codicil and execute the notarial will of November 14, 1959?
- Did the Court of Appeals base its denial of probate on permissible inferences of fact or on speculation, surmise or conjecture?
- Were the two deeds of sale (Aug. 26, 1961 and Nov. 26, 1962) in favor of Francisca void for ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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