SEANGIO vs. REYES

DY YIENG SEANGIO, BARBARA D. SEANGIO and VIRGINIA D. SEANGIO vs.
HON. AMOR A. REYES, ALFREDO D. SEANGIO, ALBERTO D. SEANGIO, ELISA D. SEANGIO-SANTOS, VICTOR D. SEANGIO, ALFONSO D. SEANGIO, SHIRLEY D. SEANGIO-LIM, BETTY D. SEANGIO-OBAS and JAMES D. SEANGIO
G.R. Nos. 140371-72  November 27, 2006
AZCUNA, J.:

Facts:
            On September 21, 1988, private respondents filed a petition for the settlement of the intestate estate of the late Segundo Seangio. Petitioners Dy Yieng, Barbara and Virginia, all surnamed Seangio, opposed the petition. They contended that: 1) Dy Yieng is still very healthy and in full command of her faculties; 2) the deceased Segundo executed a general power of attorney in favor of Virginia giving her the power to manage and exercise control and supervision over his business in the Philippines; 3) Virginia is the most competent and qualified to serve as the administrator of the estate of Segundo because she is a certified public accountant; and, 4) Segundo left a holographic will, dated September 20, 1995, disinheriting one of the private respondents, Alfredo Seangio, for cause. In view of the purported holographic will, petitioners averred that in the event the decedent is found to have left a will, the intestate proceedings are to be automatically suspended and replaced by the proceedings for the probate of the will. On April 7, 1999, a petition for the probate of the holographic will of Segundo, was filed by petitioners before the RTC.
The document that petitioners refer to as Segundo’s holographic will is entitled as: “Kasulatan sa pag-aalis ng mana”

Issue:
            Whether or not there is preterition in the case at bar

Ruling:
            The Court believes that the compulsory heirs in the direct line were not preterited in the will. It was, in the Court’s opinion, Segundo’s last expression to bequeath his estate to all his compulsory heirs, with the sole exception of Alfredo. Also, Segundo did not institute an heir to the exclusion of his other compulsory heirs. The mere mention of the name of one of the petitioners, Virginia, in the document did not operate to institute her as the universal heir. Her name was included plainly as a witness to the altercation between Segundo and his son, Alfredo. Considering that the questioned document is Segundo’s holographic will, and that the law favors testacy over intestacy, the probate of the will cannot be dispensed with. 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. Thus, unless the will is probated, the right of a person to dispose of his property may be rendered nugatory.

Adjudication:
WHEREFORE, the petition is GRANTED

Comments

Post a Comment

Popular posts from this blog

PEOPLE OF THE PHILIPPINES, vs. HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS G.R. No. 88232 February 26, 1990

PEOPLE OF THE PHILIPPINES, vs. HON. HENEDINO P. EDUARTE, in his capacity as Acting Presiding Judge of the RTC, Br. 22, Cabagan, Isabela; ELVINO AGGABAO and VILLA SURATOS G.R. No. 88232 February 26, 1990 Facts: Alma T. Aggabao filed  with the RTC, an information against private respondents Elvino Aggabao and Villa Suratos for the crime of concubinage. Upon being arraigned, private respondents entered a plea of not guilty. During the trial, private respondents filed a motion to dismiss on the ground of lack of jurisdiction.  They argued that concubinage, under Art. 334 of the RPC is punishable with prision correccional in its minimum and medium periods, which is equivalent to imprisonment of six (6) months and one (1) day to four (4) years and two (2) months, well within the exclusive original jurisdiction of the Municipal Trial Court, and not of the RTC The prosecution filed an opposition to the motion contending that the RTC has jurisdiction over the crime of concubinage...
Read more

DE PEREZ vs. GARCHITORENA

CARMEN G. DE PEREZ vs. MARIANO GARCHITORENA, and JOSE CASIMIRO G.R. No. L-31703 February 13, 1930 ROMUALDEZ, J.: Facts: The question here raised is confined to the scope and meaning of the institution of heirs made in the will of the late Ana Maria Alcantara already admitted to probate, and whose legal force and effect is not in dispute. The clauses of said will relevant to the points in dispute, between the parties are the ninth, tenth, and eleventh, quoted below: Ninth. Being single and without any forced heir, to show my gratitude to my niece-in-law, Carmen Garchitorena, of age, married to my nephew, Joaquin Perez Alcantara, and living in this same house with me, I institute her as my sole and universal heiress to the remainder of my estate after the payment of my debts and legacies, so that upon my death and after probate of this will, and after the report of the committee on claims and appraisal has been rendered and approved, she will receive from my executrix and...
Read more

J.L.T. AGRO, INC., VS. ANTONIO BALANSAG

J.L.T. AGRO, INC., REPRESENTED BY ITS MANAGER, JULIAN L. TEVES VS. ANTONIO BALANSAG AND HILARIA CADAYDAY G.R. No. 141882, March 11, 2005 TINGA, J.: Facts: Don Julian L. Teves contracted two marriages, first with Antonia Baena, and after her death, with Milagros Donio Teves. Don Julian had two children with Antonia, namely: Josefa Teves Escaño and Emilio Teves. He had also four (4) children with Milagros Donio, namely: Maria Evelyn Donio Teves, Jose Catalino Donio Teves, Milagros Reyes Teves and Pedro Reyes Teves. The present controversy involves a parcel of land. When Antonia died, the land was among the properties involved in an action for partition and damages, the second wife of Don Julian, participated as an intervenor. Thereafter, the parties to the case entered into a Compromise Agreement which embodied the partition of all the properties of Don Julian. Paragraph 13 of the Compromise Agreement, at the heart of the present dispute, lays down the effect of the eventual ...
Read more