MANINANG VS. COURT OF APPEALS G.R.No.

L-57848; June 19, 1982 First Division; Melencio-Herrera FACTS: Soledad Maninang filed a petition with the CFI-Quezon City for the probate of the holographic will of Clemencia Aseneta who instituted her and her husband as heirs. Later on, Bernardo Aseneta (herein private respondent), claiming to be the adopted child of the deceased and her sole heir instituted intestate proceedings with the CFI-Rizal. The two cases were consolidated with the latter court. Bernardo filed a motion to dismiss the testate case on the ground that the will was null and void because he, being the only compulsory heir, was preterited; thus, intestacy should ensue. In her opposition, Soledad averred that the courts area of inquiry is limited to an examination of and resolution on the extrinsic validity of the will and that Bernardo was effectively disinherited by the decedent. The motion was granted. The motion for reconsideration by Soledad Maninang was denied for lack of merit. In the same order, the court appointed Bernardo Aseneta as administrator considering he is a forced heir and is not shown to be unfit to perform the trust. Soledad Maninang filed petition for certiorari with the Court of Appeals. It was denied. Hence, this petition was filed. ISSUE: Was the dismissal of the court a quo of the testate case proper? RULING: No, it was not proper. Probate of a will is mandatory as required by law and public policy. Ordinarily, the probate of the will does not look into its intrinsic validity; but on the extrinsic validity which includes the capacity of the testator to make a will and the compliance with the requisites or solemnities which the law prescribes for the validity of wills. However, when practical considerations demand, the intrinsic validity of the will may be passed upon like when on its face there is really preterition or invalid disinheritance making the will void. The probate might become an idle ceremony if on its face it appears to be intrinsically void. Such would shorten the proceedings if the issues are decided as early as during the probate proceedings. In the instant case, there is still doubt to the alleged preterition or disinheritance of the private respondent cannot be clearly seen on the face of the will and needs further determination which can only be made if the will is allowed to be probated.