Case Summary (G.R. No. 198994)
Petitioner and Respondents
Petitioner: Iris Morales Olondriz, claiming executor’s rights under the decedent’s will.
Respondents: Ana Maria Ortigas de Olondriz and the other children of the decedent (the respondent heirs), asserting intestate succession and seeking partition.
Key Dates
• July 4, 2003: Respondent heirs file intestate‐estate partition petition (SP-03-0060).
• July 28, 2003: Morales files probate petition over the July 23, 1991 will (SP-03-0069).
• November 27, 2003: RTC consolidates both proceedings.
• May 29, 2006: Morales fails to appear at evidentiary hearing on preterition.
• July 12, 2007: RTC orders intestate administration, revokes Letters of Administration, and denies probate.
• May 27, 2011: Court of Appeals dismisses Morales’s certiorari petition.
• December 12, 2016: Supreme Court decision affirming lower courts.
Applicable Law
• 1987 Philippine Constitution (post-1990 decisions).
• Civil Code, Article 854 (effects of preterition).
• Rules of Court (probate and intestate proceedings).
Procedural History in the Regional Trial Court
Respondent heirs initiated intestate proceedings and secured appointment of Alfonso Jr. as special administrator. Morales then sought probate and executorship under the alleged will. The RTC consolidated both actions, set an evidentiary hearing on preterition, and after Morales’s repeated failures to present evidence, suspended the intestate case to focus on probate. Subsequently, the RTC found total preterition of Francisco and, on July 12, 2007, reinstated Alfonso Jr. as administrator, ordering the estate to proceed intestate.
Petition for Certiorari before the Court of Appeals
Morales filed for certiorari, alleging grave abuse of discretion by the RTC in setting aside probate. The Court of Appeals held that Francisco’s preterition annulled the institution of heirs under the will, rendering probate proceedings superfluous, and affirmed the RTC’s actions.
Supreme Court’s Ruling – Preterition and Annulment of Institution of Heirs
Preterition is the complete omission of a compulsory heir without express disinheritance. Under Civil Code Article 854, such omission annuls the institution of heirs, though non-inofficious legacies remain valid. Here, Francisco, a compulsory heir in the direct line, was neither named nor given any part of the estate. Morales waived her right to refute preterition by failing to present evidence. The Supreme Court agreed that Francisco’s omission voided the will and triggered total intestacy.
Scope of Probate Court’s Inquiry
While probate courts ordinarily limit their inquiry to a will’s extrinsic validity, they may address intrinsic validity when exceptional
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Antecedents
- Alfonso Juan P. Olondriz, Sr. died on June 9, 2003, survived by wife Ana Maria Ortigas de Olondriz and six children, including illegitimate son Francisco Javier Maria Bautista Olondriz.
- Respondent heirs (widow and five legitimate children) believed decedent died intestate and filed for partition and special administrator appointment (SP-03-0060) on July 4, 2003.
- RTC Branch 254 appointed Alfonso Juan O. Olondriz, Jr. as special administrator on July 11, 2003.
Petition for Probate of Will
- On July 28, 2003, Iris Morales petitioned for probate of a purported will dated July 23, 1991, and asked for appointment as special administratrix (SP-03-0069).
- The will named six equal heirs—Morales, five legitimate children, and “their mother” Maria Ortegas Olondriz, Sr.—but omitted Francisco Javier.
- Morales moved to suspend intestate proceedings in SP-03-0060 pending probate in SP-03-0069; respondent heirs opposed both motions.
Consolidation and Preterition Issue
- On November 27, 2003, the RTC consolidated SP-03-0060 and SP-03-0069.
- Heirs moved to dismiss probate proceedings, alleging Francisco was a preterited compulsory heir.
- Morales agreed to an evidentiary hearing on preterition but failed to appear at scheduled hearings, effectively waiving her right to present evidence.
RTC’s Orders and Reconsideration
- June 23, 2006: RTC (Judge Aglugub) suspended intestate proceedings and set the case for probate, revoking Letters of Administration issued to Alfonso Jr.
- September 1, 2006: RTC denied reconsideration of the