Case Digest (G.R. No. L-20234)
Facts:
Paula de la Cerna, et al. v. Manuela Rebaca Potot, et al., G.R. No. L-20234, December 23, 1964, the Supreme Court En Banc, Reyes, J., writing for the Court. Petitioners are the heirs intestate of the late Bernabe de la Cerna; respondent Manuela Rebaca Potot is the testamentary heir named in a joint will executed by Bernabe and his wife Gervasia Rebaca.On May 9, 1939 the spouses Bernabe de la Cerna and Gervasia Rebaca executed a joint last will and testament, bequeathing two parcels of land (Tax Nos. 4676 and 6677, Sitio Bucao, Barrio Lugo, Borbon, Cebu) to their niece Manuela Rebaca, with the proviso that each testator while living would enjoy the fruits of the lands. Bernabe died on August 30, 1939. The will was presented for probate and, after publication and without opposition, the Court of First Instance of Cebu, in Special Proceedings No. 499, issued an order on October 31, 1939 legalizing the will and directing summary distribution in favor of Manuela upon her posting of a P500 bond.
Gervasia died on October 14, 1952. A later petition to probate the will insofar as it concerned Gervasia (Special Proceedings No. 1016-R), filed November 6, 1952, was dismissed on March 30, 1954 for failure of the petitioner and counsel to appear. Years later, the heirs of Bernabe filed an action for partition; the Court of First Instance ordered the petition heard and declared the joint testament null and void insofar as it was executed contrary to the Civil Code prohibition of joint wills (Art. 669, old Civil Code; Art. 818, Civil Code of the Philippines).
On appeal by Manuela, the Court of Appeals, Sixth Division (C.A.-G.R. No. 23763-R), reversed the trial court and ordered dismissal of the partition action, holding that the 1939 f...(Subscriber-Only)
Issues:
- Is the final 1939 probate decree admitting Bernabe de la Cerna’s joint will to probate conclusive and binding so as to bar petitioners’ action attacking the will?
- Does the 1939 probate decree validate the joint will as to the interest of the surviving testatrix, Gervasia Rebaca, so that her undivided share is not subject to reexaminatio...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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