Case Digest (G.R. No. 198994) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Iris Morales v. Ana Maria Olondriz, et al., G.R. No. 198994, decided on December 12, 2016, the petitioner Iris Morales sought to probate a 1991 will of her presumed father, Alfonso Juan P. Olondriz, Sr., who died intestate on June 9, 2003, survived by his widow Ana Maria Ortigas de Olondriz and children Alfonso Jr., Alejandro, Isabel, Angelo, and illegitimate son Francisco Javier Maria Bautista Olondriz (collectively the respondent heirs). Believing the decedent died without a will, the heirs filed on July 4, 2003 a petition for partition and appointment of a special administrator with the Las Piñas RTC (Branch 254, SP-03-0060), which appointed Alfonso Jr. as special administrator on July 11. On July 28, Morales filed a separate petition to probate the will dated July 23, 1991, dockets SP-03-0069, alleging executorship and requesting appointment as special administratrix. The will divided the estate into six equal shares—one each to Morales, the five legitimate heirs, and the Case Digest (G.R. No. 198994) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Decedent and Heirs
- Alfonso Juan P. Olondriz, Sr. died June 9, 2003, survived by widow Ana Maria Ortigas de Olondriz and children Alfonso Jr., Alejandro Marino, Isabel Rosa, Angelo Jose, and illegitimate son Francisco Javier Maria Bautista Olondriz.
- Respondent heirs believed decedent died intestate and filed for estate partition and special administrator (SP-03-0060) on July 4, 2003; RTC Branch 254 appointed Alfonso Jr. special administrator on July 11, 2003.
- Will Probate Petition
- Iris Morales alleged existence of decedent’s will dated July 23, 1991, naming her executor and distributing estate equally among six persons: Morales; Alfonso Jr.; Alejandro; Isabel; Angelo; and Maria Ortigas de Olondriz, omitting Francisco.
- Morales filed SP-03-0069 on July 28, 2003, praying for probate and her appointment as administratrix; she later moved to suspend SP-03-0060 in favor of SP-03-0069.
- Consolidation and Preterition Issue
- RTC consolidated SP-03-0060 and SP-03-0069 on November 27, 2003; heirs moved to dismiss probate for preterition of Francisco on January 6, 2004.
- Evidence hearing scheduled May 29, 2006; Morales failed to appear, waiving her right to contest preterition.
- RTC Orders
- June 23, 2006 – RTC suspended intestate proceedings and set SP-03-0069 for probate, revoking Letters of Administration; September 1, 2006 – denied reconsideration.
- November 16, 2006 – Judge Aglugub inhibited; case transferred to Branch 253 (Judge Timbang).
- July 12, 2007 – RTC found Francisco preterited, intrinsic voidness of will, reinstated Alfonso Jr. as administrator, ordered intestacy; October 30, 2007 – denied Morales’s reconsideration.
- CA Proceedings and SC Petition
- Morales filed certiorari CA-G.R. SP No. 102358 on February 7, 2008; May 27, 2011 – CA dismissed petition, October 12, 2011 – denied reconsideration.
- Morales filed this petition for review on certiorari on December 5, 2011.
Issues:
- Whether the RTC gravely abused its discretion by setting aside probate and ordering intestate proceedings despite the will’s existence.
- Whether preterition of Francisco Javier Maria Bautista Olondriz annulled the institution of heirs and rendered the will intrinsically void.
- Whether an interlocutory order setting the case for probate attained finality and barred subsequent modification.
- Whether the probate court may examine intrinsic validity of a will when probate may become an idle ceremony.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)