Murao
administrator and as such he
Topic: Validity of a Will
41. Spouses Pastor v. CA, Reyes, CFI
Judge, and Quemada
Doctrine: For the validity of a legacy
to be determined vis-à-vis the
legitime of compulsory heirs, the
intrinsic validity of the will must first
be decided.
Quick Notes:
- As a rule, in a special proceeding
for the probate of a will, the issue
by and large is restricted to the
extrinsic validity of the will and the
issue of ownership may only be
determined provisionally.
- For the validity of a legacy to be
determined vis-à-vis the legitime of
compulsory heirs, the intrinsic
validity of the will must first be
decided.
- Without prior determination of
assets belonging to the estate,
liquidation of his conjugal
partnership, determination and
payment of debts, and payment of
estate tax, intrinsic validity cannot
be ascertained.
Facts: On June 5, 1966, Alvaro Pastor
Sr. died in Cebu and he was survived
by his Spanish wife Sofia Bossio, their
two legitimate children petitioner
Alvaro Pastor, Jr. and Sofia Pastor de
Midgely, and an illegitimate childe
named Lewellyn Quemada. 4 years
after Pastor Sr.’s death, Lewelly
Quemada filed a petition for probate
of Pastor. Sr.’s holographic will, which
contained only 1 testamentary
disposition of 30% of Pastor Sr.’s 42%
share in Atlas Consolidated Mining to
Quemada. Upon motion of Quemada,
he was appointed as special
instituted an action against
petitioners Spouses Pastor for
reconveyance of properties belonging
to Pastor Sr.’s estate, which included
the legacy supposedly conveyed to
Quemada. In turn, Petitioners filed
their opposition to the probate of
Pastor Sr.’s will and Quemada’s
appointment as special administrator.
The Probate court allowed the will to
probate and the same was affirmed by
the CA and SC. For 2 years, Quemada
filed pleading after pleading for the
payment of his legacy and seizure of
properties in relation to his legacy.
While the reconveyance suit was still
being litigated with the CFI of Cebu,
the Probate Court issued an order to
Atlas Consolidated Mining to remit to
Quemada the 42% belonging to Pastor
Sr. and is due his estate, of which,
Quemada was authorized to retain
75% as legatee. The Probate Court
also garnished Pastor Jr.’s 33% share
in Atlas Consolidated Mining for the
accumulated legacy of Quemada,
which amounted to over 2 Million
pesos. Pending a motion for
reconsideration filed by Spouses
Pastor on the ground that the Probate
Court gravely abused its discretion in
prematurely deciding on the
ownership of royalties while the
determination of the intrinsic validity
of the will was still pending, the
Spouses filed a petition for certiorari
and prohibition with the CA.
The CA initially denied the petition for
being premature with a motion for
reconsideration pending with the
probate court. Thereafter, the Probate
Court denied the Spouses motion for
reconsideration and declared the
question of intrinsic validity of the
will and ownership of mining
claims as finally adjudicated 8
years before, in its initial order
allowing the will to probate. The
order rendered the reconveyance
suit moot and academic but the
Probate Court clarified that Pastor
Sr.’s 42% share was just
transferred to Quemada’s custody
as special administrator. The CA
then denied a motion for
reconsideration on its dismissal of
Spouses Pastor’s petition for
certiorari. Hence, this petition for
review by certiorari.
Issue: W/N the initial Order
allowing the will to probate had
already resolved the issues of
ownership and intrinsic validity of
the will?
Ruling: NO. As a rule, in a special
proceeding for the probate of a
will, the issue by and large is
restricted to the extrinsic validity
of the will and the issue of
ownership may only be determined
provisionally. In the instant case,
nowhere in the dispositive portion
of the order allowing the will to
probate, is there a declaration of
ownership of specific properties.
On the contrary, the dispositive
portion reveal that ownership was
not resolved, as it confined itself
to the question of extrinsic validity
of the win and the need for and
propriety of appointing a special
administrator. The order merely
stated that the legacy to be given
and delivered to the petitioner
does not exceed the free portion of
the estate of the testator, but the
same is subject to the outcome of
the reconveyance case.
Moreover, for the validity of
Quemada’s legacy to be
determined vis-à-vis the legitime
of compulsory heirs, the intrinsic
validity of Pastor Sr.’s will must
first be decided. An examination of
the proceedings reveals that there
had been no definitive
determination of the assets
belonging to Pastor Sr.’s estate,
liquidation of his conjugal
partnership with wife Sofia Bossio,
determination of debts Pastor Sr.,
or payment of estate tax. In fact,
only 7 years after the order to
allow the will to probate did the
Probate Court scheduled its first
hearing on the intrinsic validity of
the will.
Dispositive: CA decision is
REVERSED. The Order of execution
issued by the Probate Court as
well as all the Orders issued
subsequent thereto in alleged
implementation of the initial
Probate Order are hereby SET
ASIDE; and this case is remanded
to the appropriate Regional Trial
Court for proper proceedings.