ERNESTO M. GUEVARA vs.

ROSARIO GUEVARA and her husband

PEDRO BUISON,

G.R. No. L-48840 December 29, 1943

Doctrinal Digest:

Rosario Guevara, acknowledged natural daughter, have in her custody the

last will and testament of her deceased father. After four years, she
presented the will to the court, not for the purpose of having it probated but
only to prove that the deceased Victirino L. Guevara had acknowledged her
as his natural daughter to claim her share of the inheritance from him on the
theory that he died intestate, because the will had not been probated. It is
mandatory that a person having custody of a will shall deliver the will into
the court which has jurisdiction for probate.

Topic: Probate and Production of Will

BOX 1: (Scene: Living room)

Victorino L. Guevara (executing a will): To my natural daughter, Rosario

Guevara, I give and bequeath to her a portion of 21.6171 hectares of the
large parcel of land situate in the town of Bayambang, Pangasinan. To my
stepdaughter Candida Guevara, a pair of earrings worth P150 and a gold
chain worth P40; to my son Ernesto M. Guevara, a gold ring worth P180 and
all the furniture, pictures, statues, and other religious objects found in the
residence of the testator in Poblacion Sur, Bayambang, Pangasinan.

BOX 2: (Scene: Restaurant)

Victorino L. Guevara: Ernesto anak, yung southern part ng lupain sayo ko

na ipagkakatiwala. Bilang ikaw ang pinaka gwapo at matalino kong anak.
Ikaw na mag settle ng mga babayarin ko kapag akoy pumanaw na.

Ernesto Guevara: Sige po Papa. Ako na pong bahala sa lahat ng utang at

obligasyon niyo. Makakaasa po kayo sa pogi niyong anak.

BOX 3:

Narrator: On September 27, 1933, Victorino L. Guevarra died. The

certificate of title of the whole parcel of land was issued in favor of Ernesto
Guevara.
Ernesto Guevara: Yessss!! Sa akin na naka pangalan buong lupain ni Papa.
Mayaman na ako. Woohhhh!! Mag-papa cheeseburger ako.

BOX 4: (Scene: Courtroom) After 4 years, Rosario claiming her legitime as

an acknowledged natural daughter of the deceased.

Rosario Guevara: I will present to this Honorable Court the last will and
testament of my deceased father acknowledging me as his natural daughter.
I am here to claim my share from the inheritance.

Judge: Relax ka lang Ms. Rosario. Bakit ngayon mo lang inilabas last will
and testament ng inyong ama?

BOX 5: (Scene: Courtroom)

Judge: Presentation of a will to the court for probate is mandatory and its
allowance by the court is essential and indispensable to its efficacy. You must
present the will to the court for probate and divide the estate in accordance
with the will.

Doctrine:

The law expressly provides that "no will shall pass either real or
personal estate unless it is proved and allowed in the proper court"; and,
second, because the probate of a will, which is a proceeding in rem, cannot
be dispensed with the substituted by any other proceeding, judicial or
extrajudicial, without offending against public policy designed to effectuate
the testator's right to dispose of his property by will in accordance with law
and to protect the rights of the heirs and legatees under the will thru the
means provided by law, among which are the publication and the personal
notices to each and all of said heirs and legatees.