Beruflich Dokumente
Kultur Dokumente
Facts:
Private respondents were the legitimate children of deceased
spouses Alejandro Dorotheo and Aniceta Reyes. In 1977,
petitioner filed an action for the probate of Alejandros will. In
1981, the court admitted the will to probate. Private
respondents did not appeal. However in 1983, they moved to
declare the will intrinsically void. The court granted the motion
declaring that petitioner was not Alejandros wife, the
provisions of the will are intrinsically void, and that oppositors
[respondents] are the only heirs of the late spouses. Petitioner
went to CA, but the petition was dismissed. The decision
became final and executory in 1989.
Issues:
1. Whether or not the final and executory Order of the lower
court declaring the will intrinsically void can still be
reopened and set aside. [NO]
2. Whether or not the will which was admitted to probate, but
declared intrinsically void in a final and executory order,
can not be given effect. [NO]
Ruling:
Petition is Denied. Decision Appealed from is
Affirmed.
whether the will submitted is indeed, the decedents last will and
testament;
compliance with the prescribed formalities for the execution of wills;
the testamentary capacity of the testator;[8]
and the due execution of the last will and testament.[9]
Under the Civil Code, due execution includes a
determination of whether the testator was of sound and
disposing mind at the time of its execution, that he had freely
executed the will and was not acting under duress, fraud,
menace or undue influence and that the will is genuine and not
a forgery,[10] that he was of the proper testamentary age and
that he is a person not expressly prohibited by law from
making a will.[11]
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