G.R. No. L-2071 - Dacanay vs. Florendo

A special proceeding was commenced in the Court of First Instance of La Union.
The petition centered on the probate of a joint and reciprocal will executed on October 20, 1940, by the spouses Isabel V. Florendo and Tirso Dacanay.
The will contained stipulations that provided for the complete inheritance by the surviving spouse and included reciprocal arrangements regarding the disposal of properties in the event of the surviving spouse's demise.

Tirso Dacanay, the surviving spouse, acted as the petitioner and appellant seeking the probate of the will.
Relatives of the deceased Isabel V. Florendo opposed the probate on several statutory grounds.

The controversy primarily involved the application of Article 669 of the Civil Code, which states: "Two or more persons cannot make a will conjointly or in the same instrument, either for their reciprocal benefit or for the benefit of a third person."
The trial court ruled against the probate petition based on the finding that the joint and reciprocal will was null and void ab initio due to its alleged contravention of Article 669.

Prior to the evidentiary hearing, both parties submitted written arguments on whether the joint and reciprocal will could be probated in view of Article 669.
The trial court dismissed the petition for probate, leading to the appellant’s appeal.
Appellant contended that Article 669 had been repealed by Act No. 190, which, according to him, provides for and regulates the extrinsic formalities of wills, suggesting that the method of executing two wills (jointly or separately) is merely a matter of extrinsic formality.

The case referenced a similar controversy “In re Will of Victor Bilbao,” where a joint will executed by spouses in 1931 was denied probate on analogous grounds.
The appellant’s reliance on sections 614 and 618 of the Code of Civil Procedure to argue the repeal of Article 669 was addressed by prior judicial opinions.

Whether the joint and reciprocal will executed by Isabel V. Florendo and Tirso Dacanay is valid and subject to probate.
Whether the nature of the will, which provided for the surviving spouse to inherit all of the deceased’s properties, falls afoul of statutory prohibitions.

Whether Article 669, which bars the execution of a will by two or more persons in one instrument, is still in force.
Whether the provisions of Act No. 190 (and the extrinsic formalities for wills it outlines) have effectively repealed or superseded Article 669 of the Civil Code.