Articles & News Stories


of 2
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
  G.R. No. L-57848 June 19, 1982 RAFAEL E. MANINANG and SOLEDAD L. MANINANG, petitioners, vs. COURT OF APPEALS, HON. RICARDO L. PRONOVE, JR., as Judge of the Court of   First Instance of Rizal and BERNARDO S. ASENETA, respondents .  Facts: On May 21, 1977, Clemencia Aseneta, single, died at the Manila Sanitarium Hospital at age 81. She left a holographic will, In the will it states that Dra. Soledad L. Maninang with whose family she have lived continuously for around the last 30 years now shall inherit all of her real properties and personal properties upon her death. On June 9, 1977, petitioner Soledad Maninang filed a Petition for probate of the Will of the decedent with the Court of First Instance, Quezon City. However, on July 25, 1977, respondent Bernardo Aseneta, who, as the adopted son, claims to be the sole heir of decedent Clemencia Aseneta and instituted intestate proceedings with CFI,Pasig, Rizal. The case was consolidated and was presided by the respondent judge. Respondent Bernardo then filed a Motion to Dismiss the Testate Case on the ground that the holographic will was null and void because he, as the only compulsory heir, was preterited. In her Opposition to said Motion to Dismiss, petitioner Soledad averred that it is still the rule that in a case for probate of a Will, the Court's area of inquiry is limited to an examination of and resolution on the extrinsic validity of the will; and that respondent Bernardo was effectively disinherited by the decedent. Issue: Whether the issue of validity of testamentary provision can be questioned in a probate proceeding? Ruling No. Normally, the probate of a Will does not look into its intrinsic validity. The authentication of a will decides no other question than such as touch upon the capacity of the testator and the compliance with those requisites or solemnities which the law prescribes for the validity of wills. It does not determine nor even by implication prejudge the validity or efficiency of the provisions, these may be impugned as being  vicious or null, notwithstanding its authentication. The questions relating to these points remain entirely unaffected, and may be raised even after the will has been authenticated . Opposition to the intrinsic validity or legality of the provisions of the will cannot be entertained in Probate proceeding because its only purpose is merely to determine if the will has been executed in accordance with the requirements of the law.
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!