NEPOMUCENO V.

CA

Facts:
Martin Jugo left a last will and testament (the case goes on to describe the will
but not important to the case; it is enough to say that this will complied with all
the formalities).
The testator named and appointed petitioner Sofia Nepomuceno as the sole and
executor of his estate. Jugo devised to his forced heirs, namely his legal wife
Rufina Gomez and his children Oscar and Carmelita his entire estate and the
free portion thereof to petitioner, with whom Jugo had been cohabiting and in fact
married despite his being legally married to Gomez.
Nepomuceno filed a petition for the probate of the will and asked for the issuance
to her of letters testamentary.
Gomez and her children filed an opposition, alleging that the will was executed
with undue and improper influence on Nepomucenos part. Also, at the time the
will was executed, Jugo was already very sick. Further, the fact that petitioner
admits to living in concubinage with the testator means that she is wanting in
integrity.
TC: Denied the probate of the will.
CA: Set aside the TC decision. Ruled that the will was valid except that the
devise in favor of petitioner is null in void pursuant to Art. 739 in relation with Art.
1028 of the NCC.
Petitioners MR was denied. Hence, the instant petition for certiorari.

Issues and Held:

WoN the CA acted in excess of its jurisdiction when after declaring the will
inquestion validly drawn, it went on to pass upon the intrinsic validity of the
testamentary provision in favor of Nepomuceno- YES.
o Pet: The validity of the testamentary provision in her favor cannot be
passed upon in the probate proceedings because its only purpose is to
establish as against everyone that a will was executed with the formalities
required by law and that the testator had mental capacity to execute the
same.
o Resp: The fact that the will itself expressly admits the metricious
relationship between testator and petitioner and the fact that petitioner
herself initiated the presentation of evidence on her alleged ignorance of
the true civil status of the testator, which led respondents to present
contrary evidence, merits the application of the doctrine in Nuguid.
o SC: Agrees with respondent.
o Nuguid v. Nuguid: The validity of a provision in the will which completely
preterited the decedents surviving forced heirs was adjudged void during
the probate proceedings because a will of this nature, no matter how valid
extrinsically, would be null and void. Separate or latter proceedings to
determine the intrinsic validity of the testamentary provisions would be
superfluous.
o Balanay v. Martinez: Where there are provisions of the will that are of
dubious legality, the probate court may correctly pass upon the wills
intrinsic validity even before its formal validity had been established. The
probate of a will might become an idle ceremony if on its face it appears
to be intrinsically void. Where practical considerations demand that the
 intrinsic validity of the will be passed upon even before it is probated, the
court should meet the issue.
o The 2 cases should be applied in the case at bar.
Given that appears to be no more dispute over the extrinsic
validity of the will, there would be no useful purpose that would be
served if we remand the nullified provision to the proper court in a
separate action for that purpose simply because, in the probate of
the will, the court does not look into the intrinsic validity of the
provisions.
There is no question that Jugo and Gomez were validly married
during the of the relationship and marriage of Jugo and
Nepomuceno. Allowing the testamentary provisions in petitioners
favor, therefore, would be contrary to Art. 739 and 1028 of the
NCC, which nullifies donations between persons who are living in
adultery or concubinage.
There is no finding of innocence of good faith on Nepomucenos
part.
The will expressly admits the meretricious relationship
between the 2.
Petitioner herself initiated the issue on the intrinsic validity
of the legacy given to her at the start of the proceedings.
It would be contrary to human nature that petitioner did not
know that Jugo was already a married man in view of the
irrefutable fact that it was precisely his marriage to Gomez
that led Nepomuceno to break of with him during their
younger years.

Ruling:
Petition dismissed.