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DY YIENG SEANGIO v. AMOR A. REYES

FACTS:

The case involves two consolidated cases, namely SP. Proc. No. 98-90870 and SP. Proc. No. 99-93396, both pending before the Regional Trial Court (RTC) of Manila, Branch 21. The petitioners filed a petition for the probate of the holographic will of Segundo Seangio in SP. Proc. No. 99-93396. On the other hand, the private respondents filed a petition for the settlement of the intestate estate of Segundo Seangio in SP. Proc. No. 98-90870. The petitioners argued that the probate proceedings should take precedence over the intestate proceedings as testate proceedings enjoy priority over intestate proceedings. The holographic will, which purportedly disinherited one of the private respondents, Alfredo Seangio, was attached to the petition. The private respondents moved for the dismissal of the probate proceedings, asserting that the document does not meet the definition of a will under Article 783 of the Civil Code as it does not contain any disposition of the estate. They maintained that the will only shows an act of disinheritance, resulting in preterition. The RTC dismissed the petition for probate, ruling that preterition existed and ordered the dismissal of SP. Proc. No. 99-93396. Petitioners' motion for reconsideration was also denied.

ISSUES:

  1. Whether the respondent judge acted in excess of her jurisdiction or with grave abuse of discretion in dismissing the testate case based on the alleged ground of preterition, which goes into the intrinsic validity of the will, despite the fact that the authority of probate courts is limited only to a determination of the extrinsic validity of the will.

  2. Whether the holographic will is intrinsically and extrinsically valid, and whether preterition exists in the will.

  3. Whether the respondent judge was duty-bound to suspend the proceedings in the intestate case, considering that testate proceedings take precedence over intestate proceedings.

  4. Whether the document executed by Segundo can be considered as a holographic will.

  5. Whether the compulsory heirs in the direct line were preterited in the will.

RULING:

  1. The respondent judge did not act in excess of her jurisdiction or with grave abuse of discretion in dismissing the testate case based on the alleged ground of preterition. Although the authority of probate courts is limited to the determination of the extrinsic validity of the will, the court may pass upon the intrinsic validity of the testamentary provisions before resolving the extrinsic validity of the will. In this case, the alleged preterition goes into the intrinsic validity of the holographic will, and it would have been a waste of time and resources to proceed with the probate if the will is intrinsically void.

  2. The holographic will is both intrinsically and extrinsically valid. The document, entitled Kasulatan ng Pag-Aalis ng Mana, shows the testator's intention to exclude his eldest son as an heir. The reasons stated by the testator can be considered a sufficient cause for disinheritance under Article 919 of the Civil Code. Based on the face of the will, no preterition exists since there was no institution of an heir.

  3. The respondent judge was not duty-bound to suspend the proceedings in the intestate case. Testate proceedings do not automatically take precedence over intestate proceedings. The determination of whether to suspend the proceedings lies within the discretion of the court.

  4. The document executed by Segundo can be considered as a holographic will. It is written, dated, and signed by the hand of Segundo himself, conforming to the formalities of a holographic will prescribed by law. Despite being initially labeled as a disinheritance instrument, the document can be construed liberally as Segundo's last testamentary act and executed in accordance with law. The disinheritance of Alfredo may be considered an act of disposition, resulting in the disposition of Segundo's property in favor of those who would succeed in the absence of Alfredo. Unless the will is probated, the disinheritance cannot be given effect.

  5. The compulsory heirs in the direct line were not preterited in the will. Segundo's last expression was to bequeath his estate to all his compulsory heirs, with the exception of Alfredo. No heir was instituted to the exclusion of the other compulsory heirs. The mere mention of the name of one of the heirs, Virginia, in the document did not operate to institute her as the universal heir. Her name was included as a witness to the altercation between Segundo and Alfredo.

PRINCIPLES:

  • Probate courts have limited authority to determine the extrinsic validity of a will, but may also pass upon the intrinsic validity of the testamentary provisions. The court may dismiss a testate case if the will is found to be intrinsically void.

  • Disinheritance in a holographic will must be effected through a will wherein the legal cause for disinheritance is specified. The legal causes for disinheritance are enumerated under Article 919 of the Civil Code.

  • Testate proceedings do not automatically take precedence over intestate proceedings. The court has the discretion to determine whether to suspend the proceedings in the intestate case.

  • A holographic will, as provided under Article 810 of the Civil Code, must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and need not be witnessed.

  • The intent or the will of the testator, expressed in the form and within the limits prescribed by law, must be recognized as the supreme law in succession. All rules of construction are designed to ascertain and give effect to that intention. It is only when the intention of the testator is contrary to law, morals, or public policy that it cannot be given effect.

  • Holographic wills, usually prepared by one not learned in the law, should be construed more liberally than wills drawn by an expert, taking into account the circumstances surrounding the execution of the instrument and the intention of the testator.

  • The probate of a holographic will is necessary as Article 838 of the Civil Code provides that no will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court.

  • Testate proceedings for the settlement of the estate of the decedent take precedence over intestate proceedings for the same purpose.