succession part 2 #4

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Art. 916; Art. 810 Seangio v Reyes Facts There was a petition for the probate of an alleged holographic will which was denominated as “Kasulatan sa pag- aalis ng mana.” The private respondents moved for the dismissal of the probate proceedings primarily on the ground that the document purporting to be the holographic will of Segundo did not contain any disposition of the estate of the deceased and thus did not meet the definition of a will under Article 783 of the Civil Code. According to private respondents, the will only showed an alleged act of disinheritance by the decedent of his eldest son, Alfredo, and nothing else; that all other compulsory heirs were not named nor instituted as heir, devisee or legatee, hence there was preterition which Issue 1. Whether the document executed by Segundo can be considered as a holographic will. 2.Won there is preterition Held YES 1. 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 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[9] 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

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Art. 916; Art. 810Seangio v Reyes FactsThere was a petitionfor theprobateof anallege holographicwill which waseno!inate as"#as$latan sa pag%aalisng !ana.& The privateresponents !ove forthe is!issal of theprobate proceeingspri!arily on thegro$n that theoc$!ent p$rportingtobetheholographicwill of Seg$no i notcontain any ispositionof the estate of theecease an th$s inot !eet the e'nitionof awill $ner Article(8)of the*ivil *oe.Accoring to privateresponents+ the willonly showe anallege act ofisinheritance by theeceent of hiselestson+ Alfreo+ annothing else; that allother co!p$lsory heirswere not na!e norinstit$te as heir+evisee or legatee+hence there waspreterition whichwo$l res$lt tointestacy. S$ch beingthe case+ privateresponents!aintaine that whileproce$rallytheco$rtiscalle$pontor$leonly on the e,trinsicvaliity of the will+ it isnot barre fro!elving into theintrinsic valiity of thesa!e+ an orering theis!issal of thepetition for probatewhen on the face of-ss$e1. .hether theoc$!ent e,ec$te bySeg$no can beconsiere as aholographic will./..on there ispreterition0el12S1. A holographic will+as provie $nerArticle 810 of the *ivil*oe+ !$st be entirelywritten+ ate+ ansignebythehanofthetestatorhi!self. -tiss$b3ect tonootherfor!+ an !ay be!aeinoro$tof the4hilippines+ an neenot be witnesse.Seg$no5s oc$!ent+altho$gh it !ayinitially co!e across asa !ere isinheritanceinstr$!ent+ confor!stothefor!alitiesof aholographic willprescribe by law. -t iswritten+ ate ansignebythehanofSeg$no hi!self. Anintent toispose mortiscausa[9] can be clearlye$ce fro! theter!s of theinstr$!ent+ an whileit oes not !a6e ana7r!ative ispositionof the latter5s property+the isinheritance ofAlfreo+ nonetheless+ isan act of isposition initself. -n other wors+the isinheritanceres$lts in theisposition of theproperty of thetestator Seg$no infavor of those whowo$l s$ccee in theabsence of Alfreo.108oreover+ it is af$na!ental principlethat theintent or thethewillitisclear thatit contains notesta!entaryisposition of theproperty of theeceent. 4etitioners'le their opposition tothe!otiontois!isscontening that9 :1;generally+ thea$thority of theprobate co$rt is li!iteonly to a eter!inationof the e,trinsic valiityof thewill; :/; privateresponents e asthe s$pre!e law ins$ccession. All r$les ofconstr$ction areesigne to ascertainan give e?ect to thatintention. -t is onlywhentheintentionofthe testator is contraryto law+ !orals+ orp$blic policy that itcannot be givene?ect.11/..ith regar to theiss$e onpreterition+1@ the *o$rtbelieves that theco!p$lsory heirs inthe irect line were notpreterite in the will. -twas+ in the *o$rt5sopinion+ Seg$no5s laste,pression tobe