Case Digest (G.R. No. L-26615)
Facts:
Gliceria A. del Rosario died in Manila on September 2, 1965, leaving no descendants; on September 17, 1965 Consuelo S. Gonzales Vda. de Precilla petitioned the Court of First Instance of Manila to probate an alleged will dated December 29, 1960 and for appointment as special administratrix, which oppositors including Rev. Fr. Lucio V. Garcia, Dr. Jaime Rosario, Antonio Jesus de Praga and others contested. The probate court admitted the 1960 will and later appointed Consuelo administratrix, and the oppositors appealed and filed mandamus petitions contesting the probate, seeking removal of the administratrix and annotation of lis pendens on certain titles.Issues:
- Was the alleged will of December 29, 1960 duly executed and properly admitted to probate?
- Should Consuelo S. Gonzales Vda. de Precilla be removed as special administratrix for having an interest adverse to the estate?
- Must the Register of Deeds annotate a notice of lis pendens on the challenged titles pending the p
Case Digest (G.R. No. L-26615)
Facts:
- Parties and capacities
- REV. FATHER LUCIO V. GARCIA, Antonio Jesus de Praga, Maria Natividad de Jesus and Dr. Jaime Rosario — oppositors and alleged heirs and legatees.
- Consuelo S. Gonzales Vda. de Precilla — petitioner in probate; appointed special administratrix and later regular administratrix of the estate of Gliceria A. del Rosario.
- Gliceria Avelino del Rosario — decedent; died unmarried on 2 September 1965, leaving no descendants, ascendants, brother or sister; estate composed largely of real properties.
- Alfonso D. Precilla — deceased husband of Consuelo S. Gonzales Vda. de Precilla; alleged purchaser in deed of sale dated 10 January 1961.
- Register of Deeds of Manila and the Court of First Instance of Manila, Branch V — respondents in mandamus petitions.
- Testamentary instruments and alleged conveyances
- Two wills of the decedent: a 12-page will dated 9 June 1956 in Spanish; a one-page will dated 29 December 1960 in Tagalog (Exhibit "D").
- Instrumental witnesses to the 1960 will: Vicente Rosales, Francisco Decena, Francisco Lopez; acknowledged before notary public Remigio M. Tividad.
- Alleged deed of absolute sale dated 10 January 1961 purportedly conveying three parcels (TCT Nos. 66201, 66202, 66204) to Alfonso Precilla for P30,000, with assessed total value of P334,050.00.
- New certificates of title (Nos. 81735, 81736, 81737) were later issued in the name of Alfonso Precilla, married to Consuelo S. Gonzales y Narciso, after cancellation of owner’s duplicates in the name of Gliceria del Rosario.
- Probate petition, oppositions and initial court actions
- On 17 September 1965, Consuelo S. Gonzales Vda. de Precilla petitioned for probate of the 29 December 1960 will and for appointment as special administratrix of the estate, estimated at about P100,000.
- Separate oppositions were filed by groups including Rev. Fr. Lucio V. Garcia, Dr. Jaime Rosario and children, Antonio Jesus de Praga, Maria Natividad de Jesus and numerous Narciso and Mauricio relatives, alleging lack of due execution, undue influence, and incapacity of the testatrix.
- On 2 October 1965 the probate court appointed Consuelo S. Gonzales Vda. de Precilla special administratrix upon bond of P30,000, citing her prior management of the decedent’s properties.
- Subsequent motions concerning bank withdrawals, deposits and titles
- On 30 September 1965 oppositors filed an urgent motion to require Hongkong & Shanghai Bank to report withdrawals after 2 September 1965; the court denied the motion on 22 October 1965 as premature and unaware of such deposit.
- On 22 October 1965 Consuelo S. Gonzales Vda. de Precilla moved in Branch IV for issuance of new owner’s duplicate copies of certain certificates of title in the name of Gliceria del Rosario; new duplicates were issued on 15 November 1965 (including TCT Nos. 66201, 66202, 66204).
- On 8 December 1965 the special administratrix presented to the Register of Deeds a deed of sale dated 10 January 1961; the old certificates were cancelled and new titles issued in the name of Alfonso Precilla.
- On 14 December 1965 oppositors moved for removal of the special administratrix, citing conflict of interest and the alleged fraudulent sale of estate properties.
- On 17 December 1965 oppositors moved for deposit with the Clerk of Court of all certificates of title of the estate.
- On 15 December 1965 oppositors requested annotation of lis pendens on TCT Nos. 81735, 81736 and 81737; the Register of Deeds refused; oppositors sought court order and later filed mandamus when denied.
- Probate court findings and orders
- On 25 August 1966 the probate court admitted the 1960 will (Exhibit "D") to probate, declaring due execution and appointing Consuel...(Subscriber-Only)
Issues:
- Validity of the 29 December 1960 will and due execution
- Whether the 1960 testament was duly executed and probatable despite the testatrix’s alleged defective vision and the circumstances of its preparation and attestation.
- Whether the evidentiary record, including instrumental witnesses’ testimony and medical evidence, established that the testatrix read and understood the will.
- Fitness and removal of the special administratrix
- Whether Consuelo S. Gonzales Vda. de Precilla had an interest adverse to the estate warranting her removal as special administratrix.
- Whether the probate court erred in holding that the alleged deed of sale, if valid, removed the properties from the estate so as to render removal unnecessary.
- Annotation of lis pendens and bank-reporting order
- Whether notice of lis pendens ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)