Title
Bilbao vs. Bilbao
Case
G.R. No. L-2200
Decision Date
Aug 2, 1950
A joint will between spouses, executed reciprocally, is invalid under Philippine law as it violates Article 669 of the Civil Code, upheld by the Supreme Court.
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Case Digest (G.R. No. L-2200)

Facts:

  1. Parties Involved:

    • Petitioner and Appellant: Ramon N. Bilbao (widow and co-testator of Victor S. Bilbao).
    • Oppositors and Appellees: Dalmacio Bilbao, Cleofas Bilbao, Eusebia Bilbao, Catalina Bilbao, Filemon Abringe, and Francisco Academia.
  2. Background:

    • Victor S. Bilbao died on July 13, 1943.
    • His widow, Ramona M. Navarro, filed a petition for the probate of Victor’s last will and testament.
    • The will in question was executed on October 6, 1931, jointly by Victor Bilbao and his wife Ramona M. Navarro.
  3. Terms of the Will:

    • The will directed that all properties (private, conjugal, or otherwise) of the spouses be given to the surviving spouse.
  4. Opposition to Probate:

    • Filemon Abringe, a relative of the deceased, opposed the probate on the grounds that:
      • The will was executed jointly by the husband and wife for their reciprocal benefit, which is prohibited by law.
      • The will was not executed and attested to as required by law.
  5. Trial Court Decision:

    • The Court of First Instance of Negros Oriental denied the petition for probate, ruling that the will was executed conjointly for reciprocal benefit, which is prohibited under Article 669 of the Civil Code.

Issue:

  1. Whether a joint and reciprocal will, particularly between husband and wife, is valid under the law.
  2. Whether the provisions of the Code of Civil Procedure on wills have impliedly repealed Article 669 of the Civil Code, which prohibits joint and reciprocal wills.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

End of Digest


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