Title
Testate Estate of Maloto vs. Maloto
Case
G.R. No. L-32328
Decision Date
Sep 30, 1977
Heirs contested Adriana Maloto's estate after discovering a will post-intestate partition; Supreme Court ordered probate hearing, rejecting res judicata and revocation claims.

Case Summary (G.R. No. L-32328)

Background of Legal Proceedings

On November 4, 1963, the intestate proceedings for Adriana Maloto's estate were initiated, wherein her niece and nephews believed that she had died intestate. This led to an extrajudicial partition executed on February 1, 1964, wherein her estate was divided among the said heirs equally. The partition was approved by the Court of First Instance of Iloilo on March 21, 1964. However, complications arose when, on April 1, 1967, a document purporting to be Adriana's last will was presented for probate, indicating potentially different shares for certain heirs.

Motions for Reconsideration and Opposition

Following the discovery of the will, Aldina Maloto Casiano and Constancio Maloto filed motions in the intestate proceeding for reconsideration and for the probate of the will. They were joined by other interested parties, including the Asilo de Molo and the Roman Catholic Church of Molo, in seeking probate. However, Panfilo and Felino Maloto opposed these motions, asserting that the alleged will had been revoked and that the petition was barred by res judicata, as the estate had already been partitioned.

Dismissal of Probation Petition

In an order dated April 13, 1970, the probate court dismissed the petition to probate Adriana Maloto’s will, citing that the will had been previously revoked and that the petition was barred due to the prior ruling in the intestate proceedings. The court's determination was based on earlier findings that disallowed reopening those proceedings. Consequently, the petitioners appealed this dismissal.

Review of Legal Errors

The petitioners highlighted several alleged errors by the lower court, focusing on the mistaken belief that the will had been revoked and that the matter was res judicata. The court also faced criticism for dismissing the petition without appropriately allowing a thorough probate process, which included considering the alleged will's authenticity and validity.

Court's Ruling and Directives

Ultimately, the appellate court found merit in the petitioners' arguments. It held that the probate court lacked the jurisdiction to address the will’s status within the context of the intestate proceedings. It established that find

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