Professional Documents
Culture Documents
FACTS:
1. Decedent Joaquin left (2) parcels of land with
improvements. He contracted (2) marriages. The
first marriage was with Lucia (W1), who died in 1924
and had three children with her named: Jesus (+),
Milagros (+), Jose (+)
2. Then
with
Caridad
(W2),
with
children, Eduardo, Sebastian, Mercedes
three
Issue:
WON the private respondents have a cause of action
for the "annulment" of the will of Florentino Hitosis
and for the recovery of the sixty-one parcels of land
adjudicated under that will to the petitioners.
Held: NO.
1. It is evident from the allegations of the
complaint that plaintiffs' 1967 action is barred
by res judicata, a double-barrelled defense,
barred
by
acquisitive
and
extinctive
prescription.
2. After the finality of the allowance of a will, the
issue as to the voluntariness of its execution
cannot be raised anymore.
3. The SC also held that the decree of adjudication,
having rendered in a proceeding in rem, is binding
upon the whole world. Moreover, the dismissal of the
first civil case, which is a judgment in personam, was
an adjudication on the merits. Thus. It constitutes a
bar by former judgment under the Rules of Court.
4. The SC ruled that the Art. 1410 of NCC (the action or
defense for the declaration of the inexistence of a
contract does not prescribe) cannot apply to last wills
and testaments.
5. The Rules of Court does not sanction an action for
annulment of a will. A final decree of probate is
conclusive as to the due execution of the will.
6. A decree of adjudication in a testate proceeding is
binding on the whole world. After the period for
seeking relief from a final order or judgment under
Rule 38 of the Rules of court has expired, a final
judgment or order can be set aside only on the
grounds of: (a) lack of jurisdiction or lack of due
process of law or (b) that the judgment was obtained
by means of extrinsic or collateral fraud. In the latter
case, the period for annulling the judgment is four (4)
years from the discovery of fraud.
Issue:
WON the will should be disallowed because of undue
and improper influence and fraud
Held: NO
6.
7.
8.
9.
10.
ISSUE:
WON the CA erred in excluding the subject lot from Inventory?
HELD:
YES.
Issue:
WON
the
defense
of
ratification
and/or
preterition raised for the first time on appeal
may be entertained
Held:
Thus,
PRETERITION
IS
A
CONCEPT
OF
TESTAMENTARY SUCCESSION. In the absence of a
will, there can be no preterition.