G.R. No. L-39247 - Balanay, Jr. vs. Martinez

Leodegaria Julian, a 67-year-old resident of Davao City, died on February 12, 1973, survived by her husband, Felix Balanay, Sr., and six legitimate children: Felix Balanay, Jr., Avelina B. Antonio, Beatriz B. Solamo, Carolina B. Manguiob, Delia B. Lanaban, and Emilia B. Pabaonon.
She executed a notarial will on September 5, 1970 (in English), wherein:

(Par. II) She declared ownership of the “southern half” of nine conjugal lots.
(Par. III) She declared absolute ownership of two paraphernal lots inherited from her father.
(Par. IV) She directed that her properties remain undivided during her husband’s lifetime and that legitimes be paid in cash from fruits and rents.
(Par. V) Upon her husband’s death, she partitioned and devised all conjugal and paraphernal properties among her six children, effectively disposing of her husband’s half-share of the conjugal estate.

Felix Balanay, Sr. and Avelina Antonio objected to probate, alleging lack of capacity, undue influence, preterition of the husband, and improper partition; they also claimed collation rights.
On April 18, 1973, Felix Sr. withdrew his opposition via affidavit and executed a “Conformation of Division and Renunciation of Hereditary Rights,” waiving his hereditary rights and confirming the conjugal partition per the will.
On June 18, 1973, the Court of First Instance denied the opposition, gave effect to Felix Sr.’s affidavit and renunciation, and set the petition for hearing; on August 28, 1973, it appointed the branch clerk as special administrator.
Avelina moved for reconsideration (Sept. 1973) on grounds that the will illegally claimed the southern half of conjugal lots and improperly partitioned the conjugal estate; the motion was denied on October 15, 1973.

On September 25, 1973, Atty. David O. Montana, Sr.—purporting to represent the petitioner and four heirs—moved to withdraw the probate petition and convert the proceeding into an intestate administration, challenging the partition of conjugal assets.
Avelina Antonio and Delia Lanaban concurred, praying the will be declared void and intestacy declared, and requested issuance of notice to creditors.
On February 28, 1974, the lower court dismissed the probate petition, converted the case into an intestate proceeding, ordered notice to creditors, and scheduled hearings, without rescinding its June and October 1973 orders.
Felix Balanay, Jr., through new counsel, filed a motion for reconsideration (April 15, 1974), contending that Montana lacked authority to withdraw the petition—a contention supported by a March 27, 1974 letter terminating Montana’s services.
The lower court denied reconsideration on June 29, 1974, stating that it declared the will void based on its own assessment of the will’s provisions.

Whether the probate court properly passed on the will’s intrinsic validity before determining its formal validity.
Whether the probate court erred in declaring the will void and converting the testate proceeding into an intestate one, despite the husband’s renunciation and prior orders upholding the will.