Case Digest (G.R. No. 254695)
Facts:
In TRINIDAD v. TRINIDAD (G.R. No. 254695, Dec. 6, 2023), petitioners Nelfa Delfin Trinidad, and her sons Jon Wilfred D. Trinidad and Timothy Mark D. Trinidad sought probate of the notarial Last Will and Testament of Nelfa’s late husband Wenceslao Bayona Trinidad, executed on August 24, 2014 in Muntinlupa and filed before the RTC of Pasay City in May 2016. The Will named Wenceslao’s second wife and all eight of his children (including petitioners and respondents Salvador, Roy, Anna, Gregorio, and Patricia Trinidad) as heirs and disposed of several real and personal properties, among them a Pico de Loro condominium unit bequeathed to all his children in equal shares. Respondents, the children of Wenceslao by his first marriage, opposed the petition on the ground of preterition, contending that the condominium unit was registered in the name of a third party and thus the devise could not be given effect, resulting in their total omission. The RTC dismissed the petition on May 15, 2...Case Digest (G.R. No. 254695)
Facts:
- Parties and Procedural History
- Petitioners: Nelfa Delfin Trinidad (second and surviving spouse), Jon Wilfred D. Trinidad, Timothy Mark D. Trinidad (children by second marriage)
- Respondents: Salvador G. Trinidad, Wenceslao Roy G. Trinidad, Anna Maria Natividad G. Trinidad-Kump, Gregorio G. Trinidad, Patricia Maria G. Trinidad (children by first marriage)
- Courts:
- RTC, Branch 111, Pasay City – Special Proceeding Case No. 16-22665-CV
- CA – CA-G.R. CV No. 113463 (Decision Sept. 17, 2020; Resolution Nov. 27, 2020)
- Supreme Court – Petition for Review on Certiorari under Rule 45
- The Will and Petition for Probate
- Execution of Will: August 24, 2014; testator Wenceslao B. Trinidad died March 4, 2016
- Properties enumerated (approx. PHP 8.7M):
- Family home (TCT No. 146219)
- Pico de Loro condominium unit
- Pico de Loro Beach & Country Club membership share
- Conjugal one-half shares in Malibay property (TCT No. 003-2012000268) and Teachers Bliss property (TCT No. 003-2012000146)
- Dispositions:
- Family home, Malibay, Teachers Bliss – to spouse Nelfa and children Jon & Timothy equally
- Membership share – to spouse
- Pico de Loro condo – to spouse and all children (first and second marriage) equally
- Bank funds – first for estate taxes/legal fees; balance to spouse
- May 5, 2016: Nelfa’s petition for probate filed; respondents opposed, alleging the condo unit was owned by a niece (Monique T. Toda), rendering their inheritance nonexistent and invoking preterition
- RTC and CA Rulings
- RTC (May 15, 2018 Amended Order; Dec. 27, 2018 MRR denied)
- Found the condo unit registered to Monique; petitioners failed to prove Wenceslao’s ownership or any trust arrangement
- Held respondents preterited; dismissed petition for probate
- CA (Sept. 17, 2020 Decision; Nov. 27, 2020 Resolution)
- Affirmed RTC: condo not owned by testator; devise void; respondents omitted; appeal denied; costs against appellants
Issues:
- Main Issue
- Whether the CA erred in affirming the RTC’s dismissal of the petition for probate and disallowing Wenceslao’s Will on ground of preterition
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)