Seangio Vs Reyes GR No.140371-72

G.R. Nos. 140371–72. November 27, 2006.
DY YIENG SEANGIO, BARBARA D. SEANGIO and VIRGINIA D. SEANGIO, petitioners, vs. HON.
AMOR A. REYES, in her capacity as Presiding Judge, Regional Trial Court, National Capital Judicial
Region, Branch 21, Manila, ALFREDO D. SEANGIO, ALBERTO D. SEANGIO, ELISA D. SEANGIO-
SANTOS, VICTOR D. SEANGIO, ALFONSO D. SEANGIO, SHIRLEY D. SEANGIO-LIM, BETTY D.
SEANGIO-OBAS and JAMES D. SEANGIO, respondents.
Succession; Wills; Disinheritance; Maltreatment; 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;
Maltreatment of a parent by a child presents a sufficient cause for the disinheritance of the latter.—The
document, entitled Kasulatan ng Pag-Aalis ng Mana, unmistakably showed Segundo’s 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. 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.
Same; Same; Same; Holographic Wills; A holographic will must be entirely written, dated, and signed by
the hand of the testator himself—it is subject to no other form, and may be made in or out of the
Philippines, and need not be witnessed.—A holographic will, as provided under Article 810 of the Civil
Code, must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no
other form, and may be made in or out of the Philippines, and need not be witnessed. Segundo’s
document, although it may
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* SECOND DIVISION.
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SUPREME COURT REPORTS ANNOTATED
Seangio vs. Reyes

initially come across as a mere disinheritance instrument, conforms to the formalities of a holographic will
prescribed by law. It is written, dated and signed by the hand of Segundo himself. An intent to dispose
mortis causa can be clearly deduced from the terms of the instrument, and while it does not make an
affirmative disposition of the latter’s property, the disinheritance of Alfredo, nonetheless, is an act of
disposition in itself. In other words, the disinheritance results in the disposition of the property of the testator
Segundo in favor of those who would succeed in the absence of Alfredo.
Same; Same; Same; Same; It is a fundamental principle that the intent or the will of the testator, expressed
in the form and within the limits prescribed by law, must be recognized as the supreme law in succession;
Holographic wills, being usually prepared by one who is not learned in the law, should be construed more
liberally than the ones drawn by an expert, taking into account the circumstances surrounding the execution
of the instrument and the intention of the testator.—It is a fundamental principle that the intent or the will of
the testator, expressed in the form and within the limits prescribed by law, must be recognized as the
supreme law in succession. All rules of construction are designed to ascertain and give effect to that
intention. It is only when the intention of the testator is contrary to law, morals, or public policy that it cannot
be given effect. Holographic wills, therefore, being usually prepared by one who is not learned in the law,
as illustrated in the present case, should be construed more liberally than the ones drawn by an expert,
taking into account the circumstances surrounding the execution of the instrument and the intention of the
testator. In this regard, the Court is convinced that the document, even if captioned as Kasulatan ng Pag-
Aalis ng Mana, was intended by Segundo to be his last testamentary act and was executed by him in
accordance with law in the form of a holographic will. Unless the will is probated, the disinheritance cannot
be given effect.
Same; Same; Same; Same; The law favors testacy over intestacy, and testate proceedings for the
settlement of the estate of the decedent take precedence over intestate proceedings; The probate of a will
cannot be dispensed with.—Considering that the questioned document is Segundo’s holographic will, and
that the law favors testacy over intestacy, the probate of the will cannot be dispensed with. Article 838 of
the Civil Code provides that no will shall pass
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Seangio vs. Reyes
either real or personal property unless it is proved and allowed in accordance with the Rules of Court. Thus,
unless the will is probated, the right of a person to dispose of his property may be rendered nugatory. In
view of the foregoing, the trial court, therefore, should have allowed the holographic will to be probated. It is
settled that testate proceedings for the settlement of the estate of the decedent take precedence over
intestate proceedings for the same purpose.
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
The facts are stated in the opinion of the Court.
Jose & Duremdes Law Offices for petitioners.
Punsalan, Lising & Punsalan for respondents. Seangio vs. Reyes, 508 SCRA 177, G.R. Nos. 140371–
72 November 27, 2006

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G.R. Nos. 140371–72. November 27, 2006.

SUPREME COURT REPORTS ANNOTATED

Seangio vs. Reyes

VOL. 508, NOVEMBER 27, 2006

Seangio vs. Reyes

SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.

The facts are stated in the opinion of the Court.

Jose & Duremdes Law Offices for petitioners.

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