Title
Dorotheo vs. Court of Appeals
Case
G.R. No. 108581
Decision Date
Dec 8, 1999
A probated will declared intrinsically void in a final order cannot be revived; petitioner, not Alejandro’s lawful wife, has no estate rights. Intestate succession applies.

Case Digest (G.R. No. L-18692)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Alejandro Dorotheo and Aniceta Reyes were husband and wife; Aniceta died in 1969 without settling her estate.
    • Their legitimate children are Nilda D. Quintana (for herself and as attorney-in-fact of Vicente and Jose Dorotheo). Lourdes L. Dorotheo (petitioner) claims to have cared for Alejandro before his death but admits they were not married.
  • Probate Proceedings
    • In 1977, petitioner filed a special proceeding for the probate of Alejandro’s last will and testament.
    • In 1981, the Regional Trial Court (RTC) admitted the will to probate; private respondents did not appeal.
  • Intrinsic Void Declaration
    • In 1983, private respondents filed a “Motion To Declare The Will Intrinsically Void.”
    • On January 30, 1986, the RTC granted the motion, declaring the will intrinsically void, naming respondents as the only heirs, and ordering distribution of both spouses’ estates according to intestacy laws.
  • Post-Judgment and Collateral Proceedings
    • Petitioner’s motion for reconsideration was denied; her appeal to the Court of Appeals (CA) was dismissed in January 1989 for failure to file a brief. The dismissal became final and executory on February 3, 1989.
    • Execution proceedings were initiated; respondents sought surrender and cancellation of Transfer Certificates of Title. Petitioner refused.
    • On November 29, 1990, RTC Judge Angas set aside the January 30, 1986 order as interlocutory. A motion for reconsideration was denied February 1, 1991.
    • Private respondents petitioned the CA under Rule 65, which on May 16, 1991 nullified Judge Angas’s orders. Petitioner then filed a petition for review under Rule 45 before the Supreme Court.

Issues:

  • May a last will and testament, admitted to probate but later declared intrinsically void by a final and executory order, still be given effect?
  • Can a designated trial court judge set aside or disturb a final and executory order of a superior court?
  • Does petitioner, not being the lawful spouse of the decedent, have any right to compensation or appointment as executrix/administratrix?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.