Case Digest (G.R. No. 9105)
Facts:
In re Estate of Apolonia Remigio, G.R. No. 9105, November 22, 1915, the Supreme Court En Banc, Araullo, J., writing for the Court. Petitioner-appellant Gorgonia Remigio y Peña (hereafter petitioner) was named sole and universal heir in the last will and testament of her aunt Apolonia Remigio y Capati, which will was executed August 12, 1911 and duly probated in the Court of First Instance of Manila. On January 7, 1913 petitioner filed a petition in the CFI seeking delivery of the residue of the estate to her under the fifteenth clause of the will. Respondents-appellees Santiago Ortiga, Eduardo Ortiga, and Alfonso Ortiga appeared and claimed their portions as the decedent’s sole children and forced heirs.At the incidental hearing on distribution the CFI (Judge A. S. Crossfield) admitted evidence from both sides and, on March 24, 1913, ordered partition and distribution: two-ninths each to Santiago, Eduardo and Alfonso, with the remaining third pro rata among other legatees. The legatees appealed that distribution order to the Supreme Court; the appeal was admitted upon a P500 bond and the transcript of the evidence was forwarded. In their briefs the parties disputed the admissibility and sufficiency of evidence and whether respondents were in fact the forced heirs of Apolonia.
Material documentary evidence included Apolonia’s will (disclaiming that respondents were her issue and naming Gorgonia sole heir), Pablo Ortiga’s earlier will (which described Santiago, Eduardo and Alfonso as his children), the partition agreement and instrument of partition of Pablo’s estate (showing the parties treating the three as family), baptismal entries, and certificates. Respondents introduced witnesses who testified they had been treated as children by Pablo and Apolonia; petitioner introduced witnesses who testified that (a) Santiago had been purchased in China as a child and baptized as son of pagan parents, and (b) Ed...(Pro-only)
Issues:
- Did the Court of First Instance err procedurally by treating evidence from the prior probate proceedings as if it formed part of the incidental distribution hearing?
- May a parent rectify an implied or prior acknowledgment of filial status by denying filiation in her will and leaving proof to her heir?
- Did respondents prove they were born of the testatrix Apolonia Remigio and therefore entitled as f...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)