A2015 - Civil Law Review Digests - Professor Balane Compilation 01 - Jurisdiction

A2015 | CIVIL LAW REVIEW DIGESTS | PROFESSOR BALANE
Compilation 01 - Jurisdiction
ARTICLE 916 (Disinheritance)
1. Seangio v. Reyes
Petitioners: Dy Yieng Seangio, Barbara Seangio and Virginia
Seangio.
Respondents: Hon. Amor Reyes (Judge - RTC NCR Branch 21
Manila), Alfredo Seangio, Albertoe Seangio, Elisa Seangio-Santos,
Victor Seangio, Alfonso Seangio, Shirley Seangio-Lim, Betty Seangio
and James Seangio.
G.R. Nos. 140371-72 || November 27, 2006 || Azcuna, J.
Summary:
Respondent Alfredo Seangio et. al filed for the settlement of the
intestate estate of the late Segundo Seangio. Petitioners filed their
opposition to the motion to dismiss contending that: 1) generally, the
authority of the probate court is limited only to a determination of the
extrinsic validity of the will; 2) private respondents question the intrinsic
and not the extrinsic validity of the will; 3) disinheritance constitutes a
disposition of the estate of a decedent; and, 4) the rule on preterition
does not apply because Segundos will does not constitute a universal
heir or heirs to the exclusion of one or more compulsory heirs. Issue
w/n preterition applies. No.
For disinheritance to be valid, Article 916 of the Civil Code requires
that the same must be effected through a will wherein the legal cause
therefor shall be specified. With regard to the reasons for the
disinheritance that were stated by Segundo in his document, the Court
believes that the incidents, taken as a whole, can be considered a
form of maltreatment of Segundo by his son, Alfredo, and that the
matter presents a sufficient cause for the disinheritance of a child or
descendant under Article 919 of the Civil Code. The will highlights
some incidents which led to the disinheritance, such as, dahil siya ay
naging lapastangan sa akin at isan beses siya ng sasalita ng masama
harapan ko at mga kapatid niya na si Virginia Seangio labis kong
kinasama ng loob ko at sasabe rin ni Alfredo sa akin na ako nasa
ibabaw gayon gunit daratin ang araw na ako nasa ilalim siya at siya
nasa ibabaw.
Page 1
Facts:
o
September 21, 1988
The Respondent Seangios filed a petition for the

settlement of the intestate estate of the late Segundo
Seangio
They also prayed for the appointment of Elisa

Seangio-Santos as special administrator and
guardian ad litem of Dy Yieng.
Petitioner Seangios opposed the petition. They

contend that:
Dy Yieng is still very healthy and in full

command of her faculties
The deceased Segundo executed a GPA in

favor of Virginia giving her the power to manage and
exercise control over his business in the Philippines
Virginia is the most competent to serve as

administrator of the estate because she is a CPA
Segundo
left
a
holographic
will
disinheriting one of the respondent Seangios
Given the holographic will, the intestate

proceedings are to be automatically suspended
and replaced by the proceedings for the probate
of the will
o
April 7, 1999
Petitioner Seangios file a petition for the probate of the

holographic will
They said that probate proceedings should

take precedence over the intestate proceedings
(the one by respondents above) because testate
proceedings take precedence and enjoy priority over
intestate proceedings
o
July 1, 1999
Respondent Seangios moved for the dismissal of the

probate proceedings
On the ground that the document purported to

be the holographic will does not contain and
disposition of the estate of the deceased --- thus
bautista.caguioa.chavez.cupin.david.dulay.enguio.feble.galon.gammad.gan.gerona.giltendez.gonzales.lambino.lukban.macabulos.magbanua.nitura.oducado.pabilane.quintos.remollo.rivera.santos.tan.taylo.uy
Unity is strength, when there is teamwork and collaboration, wonderful things can be achieved Mattie Stepanek

does not meet the definition of a will under Art. 783

of the CC
It only shows disinheritance, nothing else
No compulsory heir was named nor instituted

as heir, devisee or legatee
HENCE, there is preterition which would

lead to intestacy
Petitioner filed their opposition
Generally, the authority of the probate court is limited

only to a determination of the extrinsic validity of the will
The ground raised by the respondent Seangios

question the intrinsic and not the extrinsic validity of the
will
Disinheritance constitutes a disposition of the estate of

a decedent
The rule on preterition does not apply because

Segundo's will does not constitute a universal heir or
heirs to the exclusion of one or more compulsory
heirs
August 10, 1999
RTC dismissed the petition for probate proceedings
A perusal of the "will" clearly shows that there is

preterition
The only heirs mentioned are Alfredo and

Virginia
The other heirs being omitted, Art. 854 applies
However, insofar as the widow Dy Yieng is

concerned, 854 does not apply because she is not a
compulsory heir in the direct line
The lower court cited the case of Acain v. IAC which

stated that tolerating a will when on its face, is intrinsically
void, is an exercise of futility.
Thus, this petition
Issues:
o
WON Respondent Judge erred in ruling on the intrinsic validity
of the will despite the settled rule that the authority of probate
courts is limited only to a determination of its extrinsic validity
Page 2
o
o
(i.e. Due execution, testator's testamentary capacity, compliance

with the requisites/solemnities prescribed by law)YES
WON Judge erred in saying that preterition exists and that the
will is void
YES
WON Judge erred in not suspending the proceedings in the
intestate case despite the settled rule that testate proceedings
take precedence over intestate proceedings
YES
WON there was a valid disinheritance
YES
Held/Ratio:
o
Can the document executed by Segundo be considered a
holographic will?
Under art. 810 of the CC, a holographic will must be
Entirely written
Dated and signed by the hand of the testator

himself
Segundo's document, though may it come as a

mere disinheritance instrument, conforms to the
formalities precribed by law - written, dated and signed
by Segundo himself
While it does not make an affirmative disposition of

Segundo's property, the disinheritance of Alfredo,
nonetheless is an act of disposition itself
The disinheritance of Alfredo results in the

disposition in favor of those who would succeed
in the absence of Alfredo
A WILL DOES NOT HAVE TO MAKE AN EXPLICIT

DISPOSITION OF PROPERTY TO BE VALID
The intent or will of the testator, so long as it is

expressed in the form and within the limits prescribed by
law, must be recognized as the supreme law in succession
Holographic wills, being usually done by those not

learned in the law, should be construed more liberally than
the ones drawn by experts
o
With regard to the issue on preterition

Page 3
The Court believes that the compulsory heirs in the

direct line were not preterited
Segundo did not institute an heir to the

exclusion of his compulsory heirs
The mere mention of the name of one of the

petitioners, Virginia, did not operate to institute her
as a universal heir - included plainly as a witness
o
Considering that the document is Segundo's will and that the
law favors testacy over intestacy, the probate of the will cannot
be dispensed with - thus, the testate proceedings for the
settlement of the estate takes precedence over intestate
proceedings for the same purpose.
o
On the issue of preterition
The court believes that the compulsory heirs were not
pereterited in the will
In this case, the court believes that what is involved is
Segundos last expression to bequeath his estate to
all his compulsory heirs, with the exception of Alfredo
Segundo did not institute an heir to the exclusion
of his other compulsory heirs the mere mention of
the name of one of the petitioners, Virginia, in the
document did not operate to institute her as the
universal heir (she was merely designated as a
witness to the altercation between Segundo and
Alfredo)
o On the issue of disiheritance
For disinheritance to be valid, Article 916 of the Civil
Code requires that the same must be effected through
a will wherein the legal cause therefor shall be
specified.
With regard to the reasons for the disinheritance that
were stated by Segundo in his document, the Court
believes that the incidents, taken as a whole, can be
considered a form of maltreatment of Segundo by his
son, Alfredo, and that the matter presents a sufficient
cause for the disinheritance of a child or descendant
under Article 9191 of the Civil Code.
1 Article 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well
The document, entitled Kasulatan ng Pag-Aalis ng

Mana, unmistakably showed Segundos intention of
excluding his eldest son, Alfredo, as an heir to his
estate for the reasons that he cited therein. In effect,
Alfredo was disinherited by Segundo.
His will narrates his reason:
dahil siya ay naging lapastangan sa akin at isan
beses siya ng sasalita ng masama harapan ko at mga
kapatid niya na si Virginia Seangio labis kong
kinasama ng loob ko at sasabe rin ni Alfredo sa akin
na ako nasa ibabaw gayon gunit daratin ang araw na
ako nasa ilalim siya at siya nasa ibabaw.
Labis kong ikinasama ng loob ko ang gamit ni Alfredo
ng akin pagalan para makapagutang na kuarta siya at
kanya asawa na si Merna de los Reyes sa China
Bangking Corporation na millon pesos at hindi ng
as illegitimate:
(1) When a child or descendant has been found guilty of an
attempt against the life of the testator, his or her spouse,
descendants, or ascendants;
(2) When a child or descendant has accused the testator of a
crime for which the law prescribes imprisonment for six years
or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of
adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence,
intimidation, or undue influence causes the testator to make a
will or to change one already made;
(5) A refusal without justifiable cause to support the parents
or ascendant who disinherit such child or descendant;
(6) Maltreatment of the testator by word or deed, by
the child or descendant;
(7) When a child or descendant leads a dishonorable or
disgraceful life;
(8) Conviction of a crime which carries with it the penalty of
civil interdiction.

babayad at hindi ng babayad ito ay nagdulot sa aking
ng malaking kahihiya sa mga may-ari at stockholders
ng China Banking.
At ikinagalit ko pa rin ang pagkuha ni Alfredo at ng
kanyang asawa na mga custome[r] ng Travel Center
of the Philippines na pinagasiwaan ko at ng anak ko si
Virginia.
Page 4
Dito ako nagalit din kaya gayon ayoko na bilanin si

Alfredo ng anak ko at hayanan kong inaalisan ng lahat
at anoman mana na si Alfredo at si Alfredo Seangio ay
hindi ko siya anak at hindi siya makoha mana.

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A2015 | CIVIL LAW REVIEW DIGESTS | PROFESSOR BALANE

The Respondent Seangios filed a petition for the

They also prayed for the appointment of Elisa

Petitioner Seangios opposed the petition. They

Dy Yieng is still very healthy and in full

The deceased Segundo executed a GPA in

Virginia is the most competent to serve as

Given the holographic will, the intestate

Petitioner Seangios file a petition for the probate of the

They said that probate proceedings should

Respondent Seangios moved for the dismissal of the

On the ground that the document purported to