Case Digest (G.R. No. 129505) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Octavio S. Maloles II v. Pacita de los Reyes Phillips, Dr. Arturo de Santos petitioned the Regional Trial Court (RTC) of Makati, Branch 61, on July 20, 1995 (Sp. Proc. No. M-4223), for the allowance of his will during his lifetime under Civil Code Article 838 and Rule 76, Sec. 1 of the Rules of Court. He declared he had no compulsory heirs, named the Arturo de Santos Foundation, Inc. as sole legatee and devisee of an estate valued at not less than ₱2 million, and designated private respondent Pacita de los Reyes Phillips as executrix. On February 16, 1996, Judge Fernando V. Gorospe, Jr. approved and allowed the will after a hearing, finding the testator of sound mind and the will executed with all formalities. Dr. de Santos died on February 26, 1996. Thereafter, petitioner Octavio S. Maloles II, nephew and alleged sole full-blooded next of kin and creditor of the decedent, sought to intervene in M-4223 on April 3, 1996, to set aside the allowance order and obtain letters of a Case Digest (G.R. No. 129505) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petition for probate during lifetime
- On July 20, 1995, Dr. Arturo de Santos filed Sp. Proc. No. M-4223 in RTC-Makati Branch 61, petitioning for the allowance of his will under Art. 838, Civil Code and Rule 76, Rules of Court. He alleged no compulsory heirs, named the Arturo de Santos Foundation, Inc. as sole legatee, and designated Pacita de los Reyes Phillips as executrix. A copy of the will was annexed.
- On February 16, 1996, Branch 61 issued an order approving and allowing the will after “free-wheeling” examination of the testator, finding compliance with formalities and testator’s sound mind.
- Testator’s death and initial post-probate motions
- Dr. De Santos died on February 26, 1996. On April 3, 1996, petitioner Octavio S. Maloles II moved to intervene in Sp. Proc. No. M-4223 as nearest kin and creditor, seeking letters of administration.
- Executrix Phillips filed, then withdrew, a motion for letters testamentary in Branch 61; she later refiled it in Branch 65 as Sp. Proc. No. M-4343.
- Transfers, interventions, and appellate rulings
- On July 29, 1996, Maloles moved to intervene in Sp. Proc. No. M-4343; Branch 65 transferred the case to Branch 61 on August 28, 1996; Branch 61 returned it to Branch 65 on September 4, 1996. On October 21, 1996, Branch 65 recalled its transfer order and, to “expedite proceedings,” took cognizance of the case, granting Maloles’ intervention on November 4, 1996.
- Phillips petitioned the Court of Appeals, which on February 26, 1997 set aside Branch 65’s grant of intervention for lack of petitioner’s direct interest. Separately, in G.R. No. 133359, the Court of Appeals (Feb. 13, 1998) upheld Branch 61’s denial of Maloles’ motion to intervene in Sp. Proc. No. M-4223.
Issues:
- Jurisdiction of RTC-Makati, Branch 61 after allowance of will
- Whether probate proceedings continue after the order allowing the will.
- Effect of Art. 838, Civil Code and Rule 76 on Branch 61’s jurisdiction.
- Jurisdiction of RTC-Makati, Branch 65 over petition for letters testamentary
- Whether Branch 65 validly acquired jurisdiction despite pending Sp. Proc. No. M-4223 in Branch 61.
- Role of Rule 73, Sec. 1 and coordinate-branches doctrine.
- Petitioner’s right to intervene and oppose issuance of letters testamentary
- Whether Maloles, as nearest kin and alleged creditor, has material and direct interest under Rule 79, Sec. 1.
- Applicability of compulsory-heir rules (Art. 842, Civil Code).
- Alleged forum shopping by private respondent
- Whether Phillips’ filing in Branch 65 constitutes forum shopping.
- Requirement of identity of parties, rights, and reliefs for forum shopping.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)