G.R. No. L-23638 - Ferdez vs. Dimagiba

Petitioners: Dionisio Fernandez, Eusebio Reyes, Luisa Reyes, Mariano Reyes, Cesar Reyes, Leonor Reyes, and Paciencia Reyes—heirs intestate of the late Benedicta de los Reyes.
Respondent: Ismaela Dimagiba, proponent of the purported will of Benedicta de los Reyes, executed October 22, 1930, by which Dimagiba was instituted sole heir.

January 19, 1955: Dimagiba filed a petition in the Court of First Instance of Bulacan for probate of the 1930 will; oppositions lodged by petitioners on grounds of forgery, vices of consent, estoppel by laches, and revocation by subsequent deeds of sale in 1943 and 1944 (later annulled by this Court in L-5618 and L-5620).
June 20, 1958: CFI Decision admitted the will as genuine and properly executed; deferred resolution on estoppel and implied revocation “until such time when we shall pass upon the intrinsic validity of the provisions of the will or when the question of adjudication of the properties is opportunely presented.”
July 27, 1959: On motion for reconsideration, the CFI overruled the estoppel claim but reserved the right of parties to raise implied revocation at an opportune time.
January 11 1960: CFI appointed an administrator solely to submit an inventory; inventory filed February 9, 1960.
February 27, 1962: After additional evidence, CFI held that the 1943 and 1944 deeds of sale did not revoke the 1930 will under Article 957(2) of the 1950 Civil Code.

Court of Appeals affirmed the CFI: (a) June 20, 1958 probate decree had become final for lack of appeal; (b) no revocation by deeds of sale to the legatee herself; (c) estoppel defense patently unmeritorious.
Petitioners filed a petition for review before the Supreme Court (G.R. Nos. L-23638 & L-23662), raising three issues.

Whether the June 20, 1958 decree admitting the will to probate became final for lack of appeal.
Whether the July 27, 1959 order overruling estoppel likewise became final.
Whether the 1930 will was impliedly revoked by deeds of sale executed on March 26, 1943 and April 3, 1944, in favor of the legatee.