Facts:

• Action for the partition of seven parcels of land in the municipality of Danao, Province of Cebu.
• Parcels were originally community property of the marriage of Braulio Gonzales and Dominga Batiquin.
• In August 1896, both spouses executed their last wills and testament, making each other their universal heirs.
• Dominga Batiquin died in May 1898, and her husband died in September 1901, leaving no heirs by force of law.
• Plaintiffs are potential collateral heirs of Dominga Batiquin, while defendants are the collateral heirs of Braulio Gonzales.
• After the death of his wife, Gonzales remained in possession of the lands until 1900 when he surrendered it to the defendants, who have continued in possession since then.
• Plaintiffs have made demands for a share in the property, leading to the present action.

Issue:

• (Unlock)

Ruling:

• The court ruled in favor of the defendants, stating that they are the owners of the lands.
• The judgment of the trial court, which abs...(Unlock)

Ratio:

• A wife can legally make her husband the heir of all interests in her estate that do not belong to other heirs by force of law, under the Civil Code.
• Dominga Batiquin executed a valid will in accordance with the law at the time, making her husband her universal heir.
• The attestation clause of the will certified compliance with all the formalities required by the Civil Code, which was deemed sufficient compliance with the law.
• The argument that the will should have been submitted for probate was deemed unsound.
• The present system of probate proceedings was introduced in the Philippines by the Code of Civil Procedure of 1901, which was enacted after the death of the testatrix in this case.
• Therefore, the property rights vested in the ...continue reading