PETITIONER:

FILOMENA PECSON

RESPONDENT: ROSARIO MEDIAVILLA

FACTS
• last will and testament of Florencio Pecson was presented to the Court of First Instance of the
Province of Albay for probate
• Mr. Tomas Lorayes, an attorney at law, opposed the legalization of the will on the ground that
it had not been authorized nor signed by the deceased, in accordance with the provisions of the
Code of Civil Procedure.
• Honorable Percy M. Moir, judge, found that the will had been signed and executed in accordance
with the provisions of law, and denied the opposition on the 17th day of September, 1910.
• From the evidence it appears that the deceased had eight children by his wife Nicolasa Manjares,
likewise deceased which children are those named Emerenciano, Teresa, Filomena, Asuncion,
Rufino, Zoila, Emiliano, and Perfecto, all surnamed Pecson.
• It also appears from the evidence that Teresa Pecson married Basiliso Mediavillo, by whom she
had two children, Joaquin and Rosario Mediavillo.
• Rosario is the only living daughter of Teresa and the latter's husband, Basiliso Mediavillo, is also
living. The evidence shows that this girl Rosario became insane in 1895,
• it has been proved that it was previous to this date that she disobeyed her grandfather and
raised her hand against him, and, as the testator states in the third paragraph of his will, he
disinherited her.

PETITIONER’S CONTENTION RESPONDENT’S CONTENTION
Rosario Mediavillo is and Joaquin Mediavillo
was a legitimate child of the deceased Teresa
Pecson, who also was a daughter of the
testator, Florencio Pecson. Therefore, she was
a grandchild of the testator.
She alleged that she was disinherited by her
grandfather, the testator Florencio Pecson,
according to clause 3 of the will, because she
failed to show him due respect and on a certain
occasion raised her hand against him.
The defendant, Rosario Mediavillo, in the
motion which she presented and which is
copied above, alleges that she was disinherited
without cause.






ISSUE/S
Whether Rosario disinherit by Florencio Pecson. – YES!


REGIONAL TRIAL COURT

The lower court found that she had been disinherited without cause and annulled said paragraph 3 of
the will.


COURT OF APPEALS




DOCTRINE

SUPREME COURT
The evidence shows that this girl Rosario became insane in 1895, when she went to Nueva Caceres to
study in college, and it has been proved that it was previous to this date that she disobeyed her
grandfather and raised her hand against him, and, as the testator states in the third paragraph of his
will, he disinherited her. This court understands that this Rosario, who was then 14 years of age, and
who shortly afterwards became insane, was not responsible for her acts and should not have been
disinherited by her grandfather.
Article 849 of the Civil Code provides that the disinheritance can only be effected by the testament, in
which shall be mentioned the legal grounds or causes for such disinheritance.
It remains, however, to be seen whether the evidence adduced during the trial of the present cause was
sufficient to show that the disinheritance made in paragraph 3 of the will was made for just cause. It
appears from the record that when Rosario Mediavillo was about 14 years of age, she had received
some attentions from a young man — that she had received a letter from him — and that her
grandfather, Florencio Pecson, took occasion to talk to her about the relations between her and the
said young man; that it was upon that occasion when, it is alleged, the disobedience and disrespect
were shown to her grandfather, and that was the cause for her disinheritance by her grandfather.
The record shows that very soon after said event she lost the use of her mental powers and that she
has never regained them, except for very brief periods, up to the present time. The lower court, taking
into consideration her tender years, and the fact that she very soon thereafter lost the use of her
mental faculties, reached the conclusion that she was probably not responsible for the disrespect
and disobedience shown to her grandfather in the year 1894 or 1895.
we are inclined to believe that the same supports the conclusions of the lower court and that he did not
commit the error complained of in the first assignment of error.
With reference to the second assignment of error, it will be remembered that Teresa Pecson, the
mother of Rosario Mediavillo, at the time of her death left two children, Rosario and Joaquin, and her
husband Basiliso Mediavillo, and that the said Joaquin Mediavillo died without heirs. The lower court
gave one-half of the inheritance of the said Teresa Pecson to Rosario Mediavillo and the share that
would have gone to Joaquin Mediavillo, to his father Basiliso Mediavillo. In that conclusion of the
lower court we think error was committed. The appellant relies upon the provisions of article 925 of
the Civil Code, in his contention that the lower court committed an error. Article 925 provides that:
"The right of representation shall always take place in the direct descending
line, but never in the ascending In collateral lines, it shall take place only in favor of the
children of brothers or sisters, whether they be of the whole or half blood."