G.R. No. L-46430-31 - Alsua-Betts vs. Court of Appeals

Don Jesus Alsua and his wife Florentina Ralla de Alsua, together with their four living children, executed a notarial “Escritura de Partición Extrajudicial” on November 25, 1949, dividing the conjugal properties in half: one half reserved to the spouses, the other half allotted in specific parcels to each child, with waivers of claims on the remaining half and on paraphernal property.
Provisions imposed penalties of ₱5,000 for heirs who contested the agreement and bound successors to respect the terms.

On January 5, 1955, both spouses executed holographic wills implementing the 1949 partition: one-half of their estate to the other spouse; the remaining half equally among the four children; same terms in Spanish.
On August 14, 1956, each executed a mutual codicil reaffirming that half the properties had been partitioned in 1949, reserving the other half (free portion) to bequeath to the surviving spouse and, thereafter, equally to the children; appointed each other executor without bond.

Special Proceedings Nos. 484 and 485 (1956): petitions by Don Jesus and Florentina to probate their respective wills and codicils; admitted to probate February 19, 1957.
Upon Florentina’s death (October 2, 1959), Don Jesus served as executor; on December 19, 1959 heirs signed a deed of partition confirming the 1949 agreement; probate court approved partition July 6, 1960; proceedings terminated January 6, 1961.

In November 1959 Don Jesus revoked his holographic will and codicil, instructing his secretary to cancel prior instruments and listing his properties. On November 14, 1959 he executed a notarial will:

Expressly revoked prior testamentary instruments;
Ordered collation of 1949 donations;
Devised specific properties to his children; bequeathed remaining estate to Francisca and Pablo; named Francisca executrix without bond.

After his death (May 6, 1964), two deeds of sale to Francisca were executed by Don Jesus’s authority:

CFI Albay (January 15, 1973): in SP 699 approved Don Jesus’s November 14, 1959 will; in Civil Case 3068 dismissed annulment complaint; held deeds valid; awarded Francisca ₱100,000 damages and costs.
CA (April 4, 1977): reversed – denied probate of the 1959 will; declared Exhs. U and W null and void; ordered Francisca and her husband to pay plaintiffs ₱5,000 fixed damages, render accounting, reimburse net gains, pay ₱50,000 attorney’s fees and costs.

Whether private respondents are estopped from contesting Don Jesus’s testamentary capacity due to prior agreements in probate of Florentina’s will.
Whether Don Jesus validly revoked his prior will and codicil and executed the November 14, 1959 notarial will.
Whether the CFI’s factual findings on formal validity and absence of undue influence were based on speculation or misapprehension.
Whether the two deeds of sale (Exhs. U and W) should be annulled for lack of consideration or as violations of the 1949 partition.