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Facts:
Petitioner Soledad filed in CFI Quezon City (the Testate Case),
a petition for the probate of the holographic will executed in
her favor by the decedent Clemencia Aseneta, while private
respondent Bernardo Aseneta, an adopted son, claiming to be
the decedents sole heir, instituted intestate proceedings with
CFI Pasig (the Intestate Case). Later the two cases were
consolidated and presided by respondent Judge.
Issue:
Whether or not CA acted in excess of its jurisdiction when it
dismissed the Testate Case as generally, the probate of a Will
is mandatory [YES. Because of said dismissal, the crucial issue of
whether private respondent had been preterited or disinherited was not
thoroughly considered.]
Ruling:
CA Decision is Set Aside.
The law enjoins the probate of the Will and public policy
requires it, because unless the Will is probated and notice
thereof given to the whole world, the right of a person to
dispose of his property by Will may be rendered nugatory. 5
Normally, the probate of a Will does not look into its intrinsic
validity.
Moreover, in the Nuguid case, this Court ruled that the Will
was intrinsically invalid as it completely preterited the parents
of the testator. In the instant case, a crucial issue that calls for
resolution is whether under the terms of the decedents Will,
private respondent had been preterited or disinherited, and if
the latter, whether it was a valid disinheritance. Preterition
and disinheritance are two diverse concepts.
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