G.R. No. L-23135 - Sumilang vs. Ramagosa

On July 5, 1960, Mariano Sumilang filed in the Court of First Instance of Quezon a petition to probate a Tagalog document dated February 26, 1949, as the last will and testament of Hilarion Ramagosa (died December 1, 1959), instituting Sumilang as sole heir.
Oppositors comprised two sets:

Saturnino and Santiago Ramagosa, contending the will was executed under duress and asserting their right as heirs;
Enrique Pabella, Liceria Pabella, and Andrea Ravalo, describing themselves as next of kin and praying only for disallowance of the will.

Petitioner presented evidence and rested on February 16, 1961; reception of oppositors’ evidence was set for July 14, 1961.
On July 3, 1961, oppositors moved to dismiss the probate petition on the ground of implied revocation—alleging that decedent sold the devised lands to petitioner and his brother—thereby depriving the court of jurisdiction. Petitioner filed oppositions on July 17 and August 14, 1961, and a rejoinder on August 21, 1961.
On October 22, 1962, petitioner moved to strike out oppositors’ pleadings for lack of legal standing and interest. On October 18, 1963, the trial court denied the motion to dismiss (finding the grounds raised went to intrinsic validity) and granted the motion to strike out (finding oppositors were strangers within the fifth degree).

Whether the trial court erred in refusing to dismiss the petition for probate on the ground that the will was impliedly revoked by the decedent’s sale of the devised properties.
Whether the oppositors had the requisite legal standing or interest within the fifth degree of kinship to oppose the probate of the will.