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MANINANG vs.

COURT OF APPEALS
G.R. No. L-57848, June 19, 1982
Topic: Allowance of Wills; Concept of Probate NCC 838
DOCTRINE:
GENERAL RULE: the probate of the will is limited to an examination of the extrinsic
validity of the will only.
EXCEPTION: [Please take note of Nuguid v Nuguid and Balanay v Martinez cases as
exceptions]
The intrinsic validity of a will may be passed upon during probate for practical
considerations as when on its face it appears to be intrinsically void.
FACTS:
Clemencia Aseneta, single, died and left a holographic will. The will states that all
her properties shall be inherited by Dra. Maninang and her family whose family the
testatrix has lived with continuously for 30 years. The will further stated that she is
troubled with her nephews and that She did not consider Nonoy as her adopted son
for letting her do acts against her will. Maninag filed a petition for the probate of the
holographic will while the adopted son instituted intestate proceedings. The cases
were consolidated and the testate proceeding was dismissed by the trial court
following the courts reasoning that the adopted son was preterited and intestacy
should ensue. Maninag filed a petition for certiorari arguing that the courts findings
should be limited to the extrinsic validity of the will and not the intrinsic validity.
ISSUE/S: WON a court can pass upon the intrinsic validity of a will during probate.
HELD/RATIO: As a general rule, NO. Judgment reversed. Testate proceeding
remanded to trial court for determination whether the adopted son was preterited
or validly disinherited.
Normally, the probate of a will does not look into its intrinsic validity. The case of
Nuguid vs. Nuguid and Balanay vs. Hon. Martinez provide the exception rather
than the rule. The intrinsic validity of the will in those cases were passed upon
even before probate because practical considerations so demanded.
Doctrine of Nuguid vs. Nuguid:
In a proceeding for the probate of a will, the Court's area of inquiry is limited to an
examination of, and resolution on, the extrinsic validity of the will, the due
execution thereof, the testatrix's testamentary capacity and the compliance with
the requisites or solemnities prescribed by law. The intrinsic validity of the will
normally comes only after the court has declared that the will has been duly
authenticated. However, where practical considerations demand that the intrinsic
validity of the will be passed upon, even before it is probated, the Court should
meet that issue.
Doctrine of Balanay vs. Martinez:
The trial court acted correctly in passing upon the will's 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.

In this case, a crucial issue that calls for resolution is whether under the terms of
the will, the adopted son had been preterited or disinherited, and if the latter,
whether there was a valid disinheritance. By virtue of the dismissal of the testate
case, the determination of that controversial issue has not been thoroughly
considered. From the face of the will, the issue of the will on
preterition/disinheritance is a conclusion that is not indubitable.

A distinction was made between preterition and disinheritance:

Preterition

Disinheritance

Definition

Consists in the omission in


the testators will of the
forced heirs or anyone of
them, either because they
are not mentioned therein,
or though mentioned, they
are neither instituted as
heirs nor are expressly
disinherited

A testamentary disposition
depriving any compulsory
heirs of his share in the
legitime for a cause
authorized by law.

As to voluntariness

Involuntary

Voluntary

Effects

Annul the institution of


heirs; annulment is in toto
unless in the will there
are, in addition,
testamentary dispositions
in the form of devises or
legacies.

(effective disinheritance)
annul the institution of
heirs but only insofar as it
may prejudice the person
disinherited.

Nullity is limited to that


portion of the estate of
which the disinherited
heirs have been illegally
deprived.

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