Professional Documents
Culture Documents
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_______________
*
SECOND DIVISION.
278
278
probate of the will of the late Torcuato Reyes. Perforce, the only
issues to be settled in the said proceeding were: (1) whether or not
the testator had animus testandi; (2) whether or not vices of consent
attended the execution of the will; and (3) whether or not the
formalities of the will had been complied with. Thus, the lower
court was not asked to rule upon the intrinsic validity or efficacy of
the provisions of the will. As a result, the declaration of the testator
that Asuncion Oning Reyes was his wife did not have to be
scrutinized during the probate proceedings. The propriety of the
institution of Oning Reyes as one of the devisees/legatees already
involved inquiry on the wills intrinsic validity and which need not
be inquired upon by the probate court.
Same; Same; Same; Same; Same; Words and Phrases; A will is
the testator speaking after his death.In the elegant language of
Justice Moreland written decades ago, he saidA will is the
testator speaking after death. Its provisions have substantially the
same force and effect in the probate court as if the testator stood
before the court in full life making the declarations by word of
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mouth as they appear in the will. That was the special purpose of
the law in the creation of the instrument known as the last will and
testament. Men wished to speak after they were dead and the law,
by the creation of that instrument, permitted them to do so. x x x
All doubts must be resolved in favor of the testators having meant
just what he said.(Santos vs. Manarang, 27 Phil. 209).
Same; Same; Same; Same; Same; Evidence; The failure of a
party to present a document before the probate court to support his
position constitutes a waiver and the same evidence can no longer be
entertained on appeal, much less in a petition for review before the
Supreme Court.Petitioners tried to refute this conclusion of the
Court of Appeals by presenting belatedly a copy of the marriage
certificate of Asuncion Reyes and Lupo Ebarle. Their failure to
present the said certificate before the probate court to support their
position that Asuncion Reyes had an existing marriage with Ebarle
constituted a waiver and the same evidence can no longer be
entertained on appeal, much less in this petition for review. This
Court would not try the case anew or settle factual issues since its
jurisdiction is confined to resolving questions of law which have
been passed upon by the lower courts. The settled rule is that the
factual findings of the appellate court will not be disturbed unless
shown to be contrary to the evidence on the record, which
petitioners have not shown in this case.
279
279
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reverential observance.
The controversy before us deals with such a case.
Petitioners Manuel G. Reyes, Mila G. Reyes, Danilo G.
Reyes, Lyn Agape, Marites Agape, Estebana Galolo and
Celsa Agape, the oppositors in Special Proceedings No. 112
for the probate of the will of Torcuato J. Reyes, assail in1
this petition for review the decision of the Court of Appeals
dated November 29, 1995, the dispositive portion of which
reads:
WHEREFORE, premises considered, the judgment appealed from
allowing or admitting the will of Torcuato J. Reyes to probate and
directing the issuance of Letters Testamentary in favor of petitioner
Julio A. Vivares as executor without bond is AFFIRMED but
modified in that the declaration that paragraph II of the Torcuato
Reyes last will and testament, including subparagraphs (a) and (b)
are null and void for being contrary to law is hereby SET ASIDE,
said paragraph II and subparagraphs (a) and (b) are declared
VALID. Except as above modified, the judgment appealed from is
AFFIRMED.
2
SO ORDERED.
_______________
Penned by Associate Justice Jose C. dela Rama, concurred in by
Rollo, p. 29.
280
280
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Exhibit F, Records, p. 4.
281
281
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_______________
4
282
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283
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SCRA 522.
11
12
284
plied with. Thus, the lower court was not asked to rule
upon the intrinsic validity or efficacy of the provisions of
the will. As a result, the declaration of the testator that
Asuncion Oning Reyes was his wife did not have to be
scrutinized during the probate proceedings. The propriety
of the institution of Oning Reyes as one of the
devisees/legatees already involved inquiry on the wills
intrinsic validity and which need not be inquired upon by
the probate court.
The lower court erroneously invoked the ruling in
Nepomuceno vs. Court of Appeals (139 SCRA 206) in the
instant case. In the case aforesaid, the testator himself,
acknowledged his illicit relationship with the devisee, to
wit:
Art. IV. That since 1952, I have been living, as man and wife, with
one Sofia J. Nepomuceno, whom I declare and avow to be entitled to
my love an [sic] affection, for all the things which she has done for
me, now and in the past; that while Sofia J. Nepomuceno has with
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Ibid.
285
285
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286
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petition for review. This Court would not try the case anew
or settle factual issues since its jurisdiction is confined to
resolving questions of law which have been passed upon by
the lower courts. The settled rule is that the factual
findings of the appellate court will not be disturbed unless
shown to be contrary to the evidence on
the record, which
15
petitioners have not shown in this case.
Considering the foregoing premises, we sustain the
findings of the appellate court it appearing that it did not
commit a reversible error in issuing the challenged
decision.
ACCORDINGLY, decision appealed from dated
November 29, 1995, is hereby AFFIRMED and the instant
petition for review is DENIED for lack of merit.
SO ORDERED.
Regalado (Chairman), Romero, Puno and Mendoza,
JJ., concur.
Petition denied, judgment affirmed.
Notes.Attestation clause is valid even if in a language
not known to testator.(Caneda vs. Court of Appeals, 222
SCRA 781 [1993])
Proof that wills executed abroad conform with the
formalities prescribed by laws in the foreign jurisdiction or
by Philippine laws is imperative. (Vda. de Perez vs. Tolete,
232 SCRA 722 [1994])
The object of the solemnities surrounding the execution
of wills is to close the door against bad faith and fraud,
accordingly, laws on this subject should be interpreted to
attain these primordial ends. (Ajero vs. Court of Appeals,
236 SCRA 488 [1994])
o0o
_______________
15
Mercado vs. Court of Appeals, 234 SCRA 98, G.R. No. 108802. July
12, 1994.
287
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452
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*
SECOND DIVISION.
453
453
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wifes will and his renunciation of his hereditary rights, his one-half
conjugal share became a part of his deceased wifes estate. His
conformity had the effect of validating the partition made in
paragraph V of the will without prejudice, of course, to the rights of
the creditors and the legitimes of the compulsory heirs.
Same; Same; Preterition of surviving spouse who conformed
thereto does not produce intestacy.In the instant case, the
preterited heir was the surviving spouse. His preterition did not
produce intestacy. Moreover, he signified his conformity to his wifes
will and renounced his hereditary rights.
Same; Same; Testacy is prefereable to intestacy.Testacy is
favored. Doubts are resolved in favor of testacy especially where the
will evinces an intention on the part of the testator to dispose of
practically his whole estate. So compelling is the principle that
intestacy should be avoided and that the wishes of the testator
should prevail that sometimes the language of the will can be
varied for the purpose of giving it effect.
Same; Same; Probate court should not issue notice to creditors if
only special administrator has been appointed.A notice to
creditors is not in order if only a special administrator has been
appointed. Section 1, Rule 86 x x x clearly contemplates the
appointment of an executor or regular administrator and not that of
a special administrator.
454
454
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455
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The pertinent provisions of the will are as follows: II. That I am the
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456
456
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457
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to them.
Avelina B. Antonio and Delia B. Lanaban opposed the
motion for reconsideration. The lower court denied the
motion in its order of June 29, 1974. It clarified that it
declared the will void on the basis of its own independent
assessment of its provisions and not because of Atty.
Montaas arguments.
The basic issue is whether the probate court erred in
passing upon the intrinsic validity of the will, before ruling
on its allowance or formal validity, and in declaring it void.
We are of the opinion that in view of certain unusual
provisions of the will, which are of dubious legality, and
because of the motion to withdraw the petition for probate
(which the lower court assumed to have been filed with the
petitioners authorization), the trial court acted correctly in
passing upon the wills intrinsic validity even before its
formal validity had been established. The probate of a will
might become an idle ceremony if on its face it appears to
be intrinsically void. Where practical considerations
demand that the intrinsic validity of the will be passed
upon, even before it
458
458
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459
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460
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461
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462
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642
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_______________
*
THIRD DIVISION.
643
643
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644
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645
Rollo, pp. 39-49. Penned by Associate Justice Jose L. Sabio, Jr. and
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Id., at p. 168.
Id., at p. 145.
646
646
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defendants.
8
SO ORDERED.
647
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648
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Id., at p. 48.
11
Id., at p. 18.
649
649
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Racaza v. Gozum, G.R. No. 148759, June 8, 2006, 490 SCRA 302,
312.
13
Id.
650
650
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Ocampo v. Tirona, G.R. No. 147812, April 6, 2005, 455 SCRA 62, 74.
16
Ross Rica Sales Center, Inc. v. Ong, G.R. No. 132197, August 16,
651
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the petitioner.
Based on the foregoing documentary evidence, we find
that there is preponderance of evidence in favor of the
petitioners claim. Respondents failed to prove their right of
possession, as the Huling Habilin at Testamento and the
Partition Agreement have no legal effect since the will has
not been probated. Before any will can have force or
validity it must be probated. This18cannot be dispensed with
and is a matter of public policy. Article 838 of the Civil
Code mandates that [n]o will shall pass either real or
personal property unless it is proved and allowed in
accordance with the Rules of Court. As the will was not
probated, the Partition Agreement which was executed
pursuant thereto can not be given effect. Thus, the fact that
petitioner was a party to said agreement becomes
immaterial in the determination of the issue of possession.
Moreover, at the time the deed of sale was executed in
favor of the petitioner, Juanito Rodriguez remained the
owner thereof since ownership would only pass to his heirs
at the time of his death. Thus, as owner of the property, he
had the absolute right to dispose of it during his lifetime.
Now, whether or not the disposition was valid is an issue
that can be resolved only in Civil Case No. 01-1641, an
action instituted by the respondents for that purpose.
_______________
18
Tolentino, Civil Code of the Philippines, Vol. III (1979), pp. 151-152.
652
652
We are, thus, left with the deed of sale and the certificate of
title over the property to consider.
We agree with the RTC that a certificate of title is a
conclusive evidence of ownership of the land described
therein; the validity of which shall not be subject to a
collateral attack, especially in an ejectment case which is
summary in nature.
19
In Ross Rica Sales Center, Inc. v. Ong, the Court held
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that:
The long settled rule is that the issue of ownership cannot be
subject of a collateral attack.
In Apostol v. Court of Appeals, this Court had the occasion to
clarify this:
. . . Under Section 48 of Presidential Decree No. 1529, a certificate of
title shall not be subject to collateral attack. It cannot be altered,
modified or cancelled, except in a direct proceeding for that purpose in
accordance with law. The issue of the validity of the title of the
respondents can only be assailed in an action expressly instituted for
that purpose. Whether or not the petitioners have the right to claim
ownership over the property is beyond the power of the court a quo to
determine in an action for unlawful detainer.
20
20
G.R. No. 149912, January 29, 2004, 421 SCRA 455, 459-460.
653
653
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654
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the defendant. (Equitable PCI Bank vs. Ku, 355 SCRA 309
[2001])
The best way to verify the ownership of houses is to
refer to the certificates of title in the Register of Deeds.
(Espaol vs. Mupas, 442 SCRA 13 [2004])
o0o
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556
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557
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properties, it has been proven that such was never in fact paid as
559
559
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560
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561
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562
Same; Same; Same; Same; Article 1412 of the Civil Code refers
to contracts with an illegal cause or subject-matter, presupposing the
existence of a causeit is not applicable to fictitious or simulated
contracts which are in reality non-existent.Article 1412 is not
applicable to fictitious or simulated contracts, because they refer to
contracts with an illegal cause or subject-matter. This article
presupposes the existence of a cause, it cannot refer to fictitious or
simulated contracts which are in reality non-existent. As it has
been determined that the Deed of Sale is a simulated contract, the
provision cannot apply to it.
Same; Same; Same; Same; Prescription; Waiver; Where the Deed
of Sale is a void contract, the action for the declaration of its nullity,
even if filed 21 years after its execution, cannot be barred by
prescription for it is imprescriptible; The right to set up the defense
of inexistence or absolute nullity cannot be waived or renounced.
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Article 1410 of the Civil Code provides: Art. 1410. The action for the
declaration of the inexistence of a contract does not prescribe. This
is one of the most fundamental characteristics of void or inexistent
contracts. As the Deed of Sale is a void contract, the action for the
declaration of its nullity, even if filed 21 years after its execution,
cannot be barred by prescription for it is imprescriptible.
Furthermore, the right to set up the defense of inexistence or
absolute nullity cannot be waived or renounced. Therefore, the
Heirs of Alfonso cannot be precluded from setting up the defense of
its inexistence.
Appeals; Pleadings, Practice and Procedure; The rule that only
theories raised in the initial proceedings may be taken up by a party
thereto on appeal should refer to independent, not concomitant
matters, to support or oppose the cause of action.To begin,
although the defenses of unenforceability, ratification and
preterition were raised by the Heirs of Alfonso for the first time on
appeal, they are concomitant matters which may be taken up. As
long as the questioned items bear relevance and close relation to
those specifically raised, the interest of justice would dictate that
they, too, must be considered and resolved. The rule that only
theories raised in the initial proceedings may be taken up by a
party thereto on appeal should refer to independent, not
concomitant matters, to support or oppose the cause of action.
Succession; Partition; Extra-Judicial Partition; Special Power
of Attorney; Partition among heirs is not legally deemed a
conveyance
563
563
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564
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Sr., et al.
Ma. Regina Mercedes B. Gatmaytan for Heirs of
Liberato M. Ureta.
MENDOZA,J.:
These consolidated petitions for review on certiorari
under Rule 45 of the 1997 Revised Rules of Civil Procedure
assail the April 20, 2004 Decision1 of the Court of Appeals
(CA), and its October 14, 2004 Resolution2 in CA-G.R. CV
No. 71399, which affirmed with modification the April 26,
2001 Decision3 of the Regional Trial Court, Branch 9,
Kalibo, Aklan (RTC) in Civil Case No. 5026.
The Facts
In his lifetime, Alfonso Ureta (Alfonso) begot 14
children, namely, Policronio, Liberato, Narciso, Prudencia,
Vicente, Francisco, Inocensio, Roque, Adela, Wenefreda,
Merlinda, Benedicto, Jorge, and Andres. The children of
Policronio (Heirs of Policronio), are opposed to the rest of
Alfonsos children and their descendants (Heirs of Alfonso).
Alfonso was financially well-off during his lifetime. He
owned several fishpens, a fishpond, a sari-sari store, a
passenger jeep, and was engaged in the buying and selling
of copra. Policronio, the eldest, was the only child of Alfonso
who
_______________
1 Penned by Associate Justice Perlita J. Tria Tirona with Associate
Justice B.A. Adefuin-De La Cruz and Associate Justice Arturo D. Brion
(now a member of this Court), concurring.
2 Penned by Associate Justice Perlita J. Tria Tirona with Associate
Justice Ruben T. Reyes and Associate Justice Arturo D. Brion (now a
member of this Court), concurring.
3 Rollo (G.R. No. 165748), pp. 75-81.
565
565
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567
567
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568
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569
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570
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571
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572
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issues, to wit: (1) whether the Deed of Sale is valid, and (2)
whether the Deed of Extrajudicial Partition is valid. Thus,
the assigned errors shall be discussed jointly and in
seriatim.
573
573
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_______________
10 Manila Banking Corporation v. Silverio, 504 Phil. 17, 25-26; 466
SCRA 438, 446-447 (2005), citing Suntay v. Court of Appeals, 321 Phil.
809; 251 SCRA 430 (1995) and Rules of Court, Rule 131, Sec. 3 (r) and
(p).
574
574
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575
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576
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_______________
15 Tongoy v. Court of Appeals, 208 Phil. 95, 113; 123 SCRA 99, 118-119
(1983); citing Rodriguez v. Rodriguez, 127 Phil. 294, 301-302; 20 SCRA
908, 914-15 (1967).
16 Lopez v. Lopez, G.R. No. 161925, November 25, 2009, 605 SCRA
358, 367.
17 Rules of Court, Rule 133, Sec.1.Preponderance of evidence, how
determined.In civil cases, the party having the burden of proof must
establish his case by a preponderance of evidence. In determining where
the preponderance or superior weight of evidence on the issues involved
lies, the court may consider all the facts and circumstance of the case,
the witnesses manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying, the nature
of the facts to which they testify, the probability of their testimony, their
interest or want of interest, and also their personal credibility so far as
the same may legitimately appear upon the trial. The court may also
consider the number of witnesses, though the preponderance is not
necessarily with the greater number.
577
577
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578
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579
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580
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581
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582
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583
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584
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585
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586
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587
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_______________
39 Ocejo Perez & Co. v. Flores, 40 Phil. 921 (1920); De Belen v.
Collector of Customs, 46 Phil. 241 (1924); Gallion v. Gayares, 53 Phil. 43
(1929); Escutin v. Escutin, 60 Phil. 922 (1934); Gonzales v. Trinidad, 67
Phil. 682 (1939); Portugal v. Intermediate Appellate Court, 242 Phil. 709;
159 SCRA 178 (1988).
588
588
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589
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590
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591
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From the position that the Deed of Sale is valid and not
void, the Heirs of Policronio argued that any question
regarding its validity should have been initiated through
judicial process within 10 years from its notarization in
accordance with Article 1144 of the Civil Code. Since 21
years had al_______________
42 Sta. Romana v. Imperio, 122 Phil. 1001, 1007; 15 SCRA 625, 630631 (1965); Tolentino, Civil Code of the Philippines, Vol. IV, p. 634,
(2002).
43 Gonzales v. Trinidad, 67 Phil. 682, 683-684 (1939); Castro v.
Escutin, 179 Phil. 277, 284; 90 SCRA 349, 355 (1979).
592
592
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593
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594
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595
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598
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599
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Q:And why is it that you did not read all the pages of this document
because I understand that you know also how to read in English?
A:Because the way Nay Pruding explained to me is that the property of
my grandfather will be partitioned that is why I am so happy.
xxx
Q:You mean to say that after you signed this deed of extra judicial
partition up to the present you never informed them?
A:Perhaps they know already that I have signed and they read already
the document and they have read the document.
Q:My question is different, did you inform them?
A:The document sir? I did not tell them.
Q:Even until now?
A:Until now I did not inform them.52
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51 TSN, October 1, 1997, pp. 4-6.
52 Id., at pp. 8-11.
600
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604
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require proof that the foreign will has already been allowed and
probated in the country of its execution.
_______________
* SECOND DIVISION.
539
539
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540
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541
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543
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