E. Nepomuceno v.

Court of Appeals
Facts:
The testator was legally married to Rufina by whom he had two
children but later, he was estranged from his lawful wife and lived with Sofia
as husband and wife. He devised to Rufina and his children his entire estate
and the free portion thereof to Sofia. Sofia filed a petition for the probate of
the will. The lower court denied on the ground that the invalidity of intrinsic
provisions of the will is evident because the testator admitted therein to have
cohabited with Sofia. The CA declared the will to be valid except that the
devise in favor of Sofia is null and void pursuant to Articles 739 and 1028.
Sofia argued that the lower court acted in excess of its jurisdiction
when after declaring the will valid, it dealt with the intrinsic validity of the
testamentary provision.
Issues:
(1) Whether or not the lower court may pass upon the issue of intrinsic
validity
(2) Whether or not Sofia is entitled to inherit under the will
Held:
(1) Yes. The general rule is that in probate proceedings, the court's area
of inquiry is limited to an examination and resolution of the extrinsic validity
of the will, particularly the testamentary capacity and the compliance with
the formal requisites.
However, 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.
(2) No. Under Article 739, donations made between persons who were
guilty of adultery or concubinage at the time of the donation shall be void.
Under Article 1028, this prohibition also applies to testamentary provisions.
O. Roberts v. Leonidas
Facts:
Grimm, an American then residing in Manila, died and was survived by
his second wife Maxine and their children Pete and Linda, and by his
children in the first marriage, Juanita and Ethel. He executed two wills in
California; one disposing his Philippine estate and another disposing his
estate outside the Philippines. Ethel instituted an intestate proceeding in
Manila but Maxine filed a petition for the probate of the wills in Utah.
Maxine opposed the intestate proceeding and presented the wills. The court
denied the wills and ordered the partition of the estate. Maxine filed a new
petition and argued that Grimm died testate, thus, the partition was contrary
to the decedent’s wills.
Issue:
Whether or not the wills should be probated
Held:
Yes. Article 838 of the Civil Code provides that no will shall pass
either real or personal property unless it is proved and allowed. The probate
of the will is mandatory. A testate proceeding is proper in this case because
Grimm died with two wills.
Therefore, the intestate case should be consolidated with the testate
proceeding and the judge assigned to the testate proceeding should continue
hearing the two cases.