56. Dela Cerna v.

Rebeca-Potot  Therefore, the undivided interest of Gervasia

G.R. No. L-20234 Rebaca should pass upon her death to her heirs
December 23, 1964 intestate, and not exclusively to the
TOPIC: PROBATE testamentary heir, unless some other valid will
PETITIONERS: PAULA DE LA CERNA, ET AL., in her favor is shown to exist, or unless she be
RESPONDENTS: MANUELA REBACA POTOT, ET AL., and the only heir intestate of said Gervasia.
THE HONORABLE COURT OF APPEALS  A decree of probate decree is conclusive on the
PONENTE: REYES, J.B.L., J. due execution and the formal validity of the will
subject to such probate.
FACTS:

 On May 9, 1939, the spouses, Bernabe de la

Serna and Gervasia Rebaca, executed a joint last
will and testament in the local dialect whereby
they willed that two parcels of land owned and
acquired by them during their marriage
together with all improvements thereon shall be
given to a niece, Manuela Rebaca.
 Bernabe dela Serna died on August 30, 1939,
and the aforesaid will was submitted to probate
by said Gervasia and Manuela before the Court
of First Instance of Cebu which, by Order of
October 31, 1939, admitted it for probate.
 Upon the death of Gervasia Rebaca on October
14, 1952, another petition for the probate of the
same will insofar as Gervasia was concerned
was filed on November 6, 1952. For failure of
Manuela R. Potot and her attorney to appear,
the case was dismissed on March 30, 1954.
 The Court of First Instance declared the
testament null and void, for being executed
contrary to the prohibition of joint wills in the
Civil Code, but on appeal by the testamentary
heir, the Court of Appeals reversed, on the
ground that the decree of probate in 1939 was
issued by a court of probate jurisdiction and
conclusive on the due execution of the
testament.

ISSUE:

W/N the will may be probated.

HELD:

 Admittedly the probate of the will in 1939 was

erroneous, however, because it was probated
by a court of competent jurisdiction it has
conclusive effect and a final judgment rendered
on a petition for the probate of a will is binding
upon the whole world. However, this is only
with respect to the estate of the husband but
cannot affect the estate of the wife;
considering that a joint will is a separate will of
each testator.
 The joint will being prohibited by law, its
validity, in so far as the estate of the wife is
concerned, must be reexamined and
adjudicated de novo.