Case Digest (G.R. No. L-20234) Core Legal Reasoning Model
Facts:
In De la Cerna et al. v. Rebaca Potot et al. (G.R. No. L-20234, December 23, 1964), petitioners Paula de la Cerna and her co-heirs, as intestate successors of Bernabe de la Cerna, appealed from the Court of Appeals’ reversal of the Court of First Instance of Cebu’s order dismissing their action for partition. On May 9, 1939, spouses Bernabe de la Cerna and Gervasia Rebaca executed a joint last will and testament in their local dialect, bequeathing two parcels of land in Sitio Bucao, Barrio Lugo, Borbon, Cebu (Tax Nos. 4676 and 6677) to their niece, Manuela Rebaca Potot, with each spouse retaining enjoyment of the fruits during their lifetimes. Bernabe died on August 30, 1939, and the will was probated in Special Proceedings No. 499 before the CFI of Cebu, culminating in a final order on October 31, 1939, legalizing the document and directing summary distribution to Manuela Rebaca Potot upon her posting of a P500.00 bond. After Gervasia’s death on October 14, 1952, Manuela R. Po
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Case Digest (G.R. No. L-20234) Expanded Legal Reasoning Model
Facts:
- Parties and Proceedings
- Petitioners: Paula de la Cerna and other heirs of Bernabe de la Cerna.
- Respondents: Manuela Rebaca Potot (testamentary heir) and Court of Appeals, Sixth Division.
- Procedural History: Appeal from C.A.-G.R. No. 23763-R reversing CFI Cebu (Civ. Case No. R-3819) which ordered dismissal of partition action.
- Joint Last Will and Testament
- On May 9, 1939, spouses Bernabe de la Cerna and Gervasia Rebaca executed a joint will in the local dialect:
- Bequeathed two parcels of land in Sitio Bucao, Barrio Lugo, Borbon, Cebu (Tax Nos. 4676 and 6677) to their niece Manuela Rebaca (married to Nicolas Potot).
- Reserved usufruct of both lands for their respective lifetimes.
- Bernabe de la Cerna died on August 30, 1939.
- Probate Proceedings
- Special Proc. No. 499 (CI Cebu): On October 31, 1939, the court legalized Bernabe’s will, ordered summary distribution of his share to Manuela upon posting P500 bond.
- Special Proc. No. 1016-R (CI Cebu): After Gervasia’s death on October 14, 1952, a petition to probate her share was filed November 6, 1952, but dismissed March 30, 1954 for failure to appear.
- Lower Court Decisions on Partition
- CFI Cebu (Civ. Case No. R-3819): Held the joint will void under Civil Code prohibition on joint wills (Art. 669 old; Art. 818 new) and ordered partition among intestate heirs.
- Court of Appeals (CA-G.R. No. 23763-R): Reversed CFI, ruling the 1939 probate decree final and conclusive as to Bernabe’s will, dismissed partition action.
Issues:
- Whether the 1939 final decree of probate of the joint will is conclusive as to its validity despite the Civil Code’s prohibition on joint wills.
- Whether the 1939 probate decree can affect Gervasia Rebaca’s interest, given that her share was not then before the probate court.
- Whether, in the absence of a valid will by Gervasia, her undivided interest should pass to her intestate heirs upon her death.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)